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Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ...... of 2000 discharging the Rule. 2. The facts involved in the case, in short, are that Tara Moni Dey, Upendra Kumar Dey. Mohendra Kumar Dey and Maindra Kumar Dey were the original owners of the suit lands. There was an amicable partition of the lands and as per such partition, except item No.1 of t..Category: Property Law | Date: | Hits: 50
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......e submissions made by the learned Advocates of the contesting parties dismissed the suit observing, amongst others, that the plaintiffs failed prove their exclusive title and possession in the suit land in Plot No. 602 inasmuch as admittedly the suit Plot No. 602 belongs to co-sharers, which i..Category: Property Law | Date: | Hits: 60
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
.... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ......ellaneous Case No.46 of 2000 disallowing pre-emption. 2. The respondent No.1 filed the above preemption case under section 24 of the Non Agricultural Tenancy Act on the averments that the case land originally belonged to Mojibor and Motizar and in the year 1985 the respondent Nos.2-4 purchase..Category: Property Law | Date: | Hits: 64
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......ners before us and the plaintiffs are the respondents hereof. 3. The plaintiffs filed the suit for permanent injunction to restrain the defendants from dispossessing the plaintiffs from the suit land and that the cause of action arose on 6.10.97 when the defendants threatened the plaintiffs o..Category: Procedural Law | Date: | Hits: 57
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......der and Adam Ali Talukder (the plaintiffs) instituted Title Suit No.77 of 1987 in the Court of Senior Assistant Judge, Jhalakati for declaration of title in respect of 1.38 acres out of 5.14 acres of land of S.A. Plot Nos.591 and 593 of S.A. Khatian No.311 and for further declaration that the judg..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......r declaration that the deed of Hiba‑Bil‑Ewaz purported to have been executed by the plaintiff in favour of the defendant No.1 on 9.11.83 and registered on the same date purporting to transfer the land described in the schedule to the plaint was illegal, fraudulent, mala fide, void and not bindin..Category: Property Law | Date: | Hits: 87
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......and number. 2. Facts giving rise to this Rule may briefly be put thus: Plaintiff petitioner filed Title Suit No.113 of 1983 in the Upazila Munsif Court at Moheshpur for declaration of title to the land described in the schedule of the plaint. 3. Defendant Nos. 1‑5 who figured as opposite par..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......is too late in the day to examine and reopen the findings of fact arrived at by the Courts below on a fresh assessment of the pleadings and the evidence by this Division. As the ultimate Court in the land, this Division, as a rule, should give due weight and consideration to the opinions of the cour..Category: Family Law | Date: | Hits: 318
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......d of one year rigorous imprisonment. Both the sentences were ordered to run concurrently. 2. Prosecution case, in short, is that on 12‑9-1989, the informant sowed 'Mashkalai' in 26 decimals of land of Plot No. 440 appertaining to RS Khatian No. 170 of Mouza 'Sharbandia' and at the southwest o..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......ties vide notification in the Bangladesh Gazette, Extraordinary dated 23rd September, 1986 at page 9762 against serial No.33, has been called in question. 2. The case of the petitioner is that the land on which the disputed house stands had been originally acquired by one SA Aziz from the Governm..Category: Property Law | Date: | Hits: 75
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......allowing partition of the suit properties. 2. Plaintiff‑respondent Nos. 1 to 6 filed the aforesaid Title (Partition) Suit No.68 of 1956 claiming 10 annas 7 337/720 gandas share of 20.07 acres of land described in 'Ka' schedule of the plaint after amendment of the plaint on remand of the suit as..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ...... will come to Tk. 20,000.00 per month. For compensation and mesne profits it will come to Tk. 21,60,000.00 from 2.3.77 to 2.3.85. The compensation and mesne profits for the vacant portion of the suit land measuring about 1 bigha and 1 katha will come to R. 42,00,000.00 @ Tk. 2 lakh per katha since t..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......ment International Islamic Organization providing assistance in the fields of education, culture, social welfare, health care etc. In 1989 it applied to the Government to arrange them 1 (one) acre of land in exchange of money at Gazipur, for the purpose of establishment of it's building complex and ..Category: Property Law | Date: | Hits: 93
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......r as plaintiff instituted Other Class Suit No.54 of 1992 in the Court of Assistant Judge, Gurudaspur, Natore impleading the opposite-parties as defendants praying for declaration of title to the suit land measuring an area of .32 decimals, as described in Schedule-'Gha' to the plaint out of .82 deci..Category: Property Law | Date: | Hits: 61
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......ntiff, filed the above suit praying for specific performance of contract on the averments that defendant No.1/petitioner, on accepting Tk.21, 000.00 from her as earnest money, agreed to sell the suit land to her at a price of Tk.35, 000.00 and the defendant No.1 also executed a bainapatra on 03.05.1..Category: Property Law | Date: | Hits: 54
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
.... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......994 passed by the learned Assistant Judge, Kalihati, Tangail in Title Suit No.58 of 1989 decreeing the suit. 2. The petitioners instituted the above suit for declaration of their title in the suit land and also for recovery of khas possession on the averments that the suit land, along with other ..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......, in Title Suit No.53 of 1994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No.53 of 1994 stating, inter-alia, that 718 acre of land belonged to Abdul Hakim Hawlader, that there are 4 huts in the said land, that he died leaving ..Category: Property Law | Date: | Hits: 64
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ...... pursuant to the auction notice published as per order dated 10.1.2007, auction was held on 4.2.2007 wherein it was found that the respondent No.1 offered Tk.18,21,000/- as the price for .68 acres of land out of total 1.62 ¾ acres of land mentioned in the auction notice while the respondent No.4 th..Category: Civil Law | Date: | Hits: 89
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......cable in this case. 12. We have perused the FIR, the police report and the other materials on record and find that the materials on record prima-facie disclose offences under different laws of the land. In view of the above, the findings of the High Court Division that the materials on record do ..Category: Anti-Corruption Laws | Date: | Hits: 214
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......issing the application for Review of the order summarily rejecting the application under section 115 of the Code of Civil Procedure in Civil Order No.1530 of 1973. 2. The petitioners as contiguous land owners filed an application for pre-emption of the land transferred by the registered kabala da..Category: Property Law | Date: | Hits: 76