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Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....s appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 66 of 1978. 2. Plaintiff respondent filed Title Suit No. 46 of 1965 for declaration that the Government notification dated 21.1.63 showing final publications of t......peal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 66 of 1978. 2. Plaintiff respondent filed Title Suit No. 46 of 1965 for declaration that the Government notification dated 21.1.63 showing final publications of the c..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....ansfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. ………….(20) The Amendment under Ordinance ......al arises from First Appeal No. 63 of 1963 passed by the High Court Division on 1-8-79. Plaintiff-appellant instituted Title Suit No.73 of 1961 in the Court of Subordinate Judge, Sylhet for declaration of title and recovery of possession. Facts as stated in the plaint are that his father ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....ra Das and others........................Respondents Judgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint,......dgment July 29, 1984. The Code of Civil Procedure, 1908 (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint, the contention that there was no question of limitation does ..Category: Property Law | Date: | Hits: 38
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
.... Judgment August 25, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-11. Civil Petition for Leave to Appeal No. 1223 of 2007. (From the judgment and order dated the 27th day of Ma......intiffs instituted Other Suit No.74 of 1995 in the Court of Senior Assistant Judge, Mithapukur, Rangpur, for a preliminary decree for partition to 8 annas share to the suit land and also for a declaration; that the compromise decree passed in Other Suit No. 55 of 1966 to be illegal and not ..Category: Property Law | Date: | Hits: 28
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ate, instructed by Zainul Abedin, Advocate-on-Record-For the Petitioners. Fazlul Huq, Advocate, instructed by, Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 882 of 2006. (From the judgment and order dated the 28th June, 2006......994 in fixing the date of hearing by a Division Bench. 2. The facts of the case are that the plaintiffs filed Title Suit No.31 of 1995 in the 2nd Court of Subordinate Judge, Sylhet for declaration of title stating that the predecessor of the defendant Md. Sadir having title and posse..Category: Property Law | Date: | Hits: 32
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and her son plaintiff No. 2, Dhan Mia by her former husand. On 17 October 1983 Abdul Barek executed a deed of heba-bil-ewaz in respect of the sa......ah's son Habibur Rahman (defendant No. 2). 2. After having come to know of the said Kabala the plaintiffs brought the suit, Title Suit No. 6 of 1985 in the Court of Munsif, Belabo for a declaration that the said Kabala was void and not binding upon them. They alleged that Abdul Barek ..Category: Property Law | Date: | Hits: 40
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
..... 4 (ka) there from. The aggrieved defendant respondent Nos. 1-4 then preferred Title Appeal No. 91 of 1990 in the Court of District Judge, Rajbari against the said decree. The appeal was dismissed for default on 20.11.91. Those defendants filed an application under order XLI Rule 19 of the Code o......hen Baliakandi Upazila, Rajbari, against defendant Nos. 1-4 respondents restraining them from giving on lease the suit land to any body and disturbing the plaintiffs' possession therein and also of a declaration that the proceeding taken in V.P. Case No. XII-1877 72-73 is illegal, void and not bindi..Category: Limitation Law | Date: | Hits: 166
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
....it No. 365 of 1981 to file and number after setting aside the Order dated 22 December, 1985 recording abatement of the suit. 2. One Khairunnessa was the sole defendant in the suit which was for declaration of title. She entered appearance and filed a written statement. On 20 July 1985 one......o. 365 of 1981 to file and number after setting aside the Order dated 22 December, 1985 recording abatement of the suit. 2. One Khairunnessa was the sole defendant in the suit which was for declaration of title. She entered appearance and filed a written statement. On 20 July 1985 one Nur..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....d thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title......t of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....7 preferred by the appellants against the judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for temporary injunction, under order 39 Rule 1 and 2 of the Code of the Civil Procedure, restraini......accepting tender for leasing out the suit fisheries and or settling the same with any bidder pending disposal of the suit. 2. Plaintiff respondent No. 1 instituted the suit for declaration simpliciter that the tender notice dated 22.2.97 issued under the signature of the Dep..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....10 decimals of Government acquired land in Settlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 instituted the aforesaid suit stating, inter alia, that the disputed land originally belonged to Monu Miah who subse......cquired as far back as in 1941, the plaintiff did not acquire any right, title and interest therein by virtue of their alleged purchase and they had no locus standi to maintain the present suit for declaration that the temporary lease granted by the Government to defendant No. 1 is illegal. ..Category: Tenancy Law | Date: | Hits: 124
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....e, Gopalgonj dismissing Title Appeal No. 265 of 1983 and affirming thereby the judgment and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition. 2. Plaintiff's case in short is that the sui......opalgonj dismissing Title Appeal No. 265 of 1983 and affirming thereby the judgment and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition. 2. Plaintiff's case in short is that the suit la..Category: Tenancy Law | Date: | Hits: 163
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....ision erred in rejecting the revisional application summarily holding that the proposed amendment would change the nature and character of the suit without considering that the plaintiff's prayer for amendment was allowed in part by the trial Court and that the High court Division did not a at......forming about a decree dated 08.08.1988 passed in Other Suit No. 26 of 1983 of the Court of Munsif at Cox's Bazar, the appellant filed an application for amendment of plaint for adding a prayer for a declaration of title and that the judgment and decree dated 08.08.1988 passed in Other Suit No. 26 o..Category: Procedural Law | Date: | Hits: 38
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Appellant (In all the appeals) ......dated 5 October 1981, leased out the said fishery to respondent defendant No. 1 for the same period, more or less; that is why the plaintiffs filed the suit praying, among other things, for a declaration of nullity of the defendants' subsequent lease order dated 5 October 1981 in favour of ..Category: Property Law | Date: | Hits: 32
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....y Sharifuddin Chaklader, Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appea......he Dieties Sree Sree Durgamata Thakurani, Sree Sree Kalimata Thakurani and Sree Sree Katrik Deb Thakur represented by the Shebayet Sree Bhobesh Chandra Das and several others as defendants for declaration that the decree passed in O.C.Suit No. 228 of 1960 (in respect of the suit property) i..Category: Property Law | Date: | Hits: 30
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....iff instituted Title suit No. 151 of 1994 in the fourth Court of Subordinate Judge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedule prop......nstituted Title suit No. 151 of 1994 in the fourth Court of Subordinate Judge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedule property&q..Category: Property Law | Date: | Hits: 27
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....barred by res judicata or not is a matter to be decided at the time of trial by framing an issue and same could not be decided from a mere reading of the plaint. 3. Material facts necessary for disposal of the point raised briefly are that the appellant as the plaintiff instituted the afo...... facts necessary for disposal of the point raised briefly are that the appellant as the plaintiff instituted the aforesaid Title Suit No. 98 of 1993 in the Court of Assistant Judge, Chandpur for a declaration that the judgment and decree passed in Title Appeal No. 127 of 1988 in respect of the p..Category: Property Law | Date: | Hits: 39
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....on No. 182 of 1990). Judgment Mohammad Fazlul Karim J.- This appeal by leave granted by this Court was to consider the points raised: "Learned Advocate for the petitioner submits that original R. S. Khatina No. 2324 being in the name of the orig...... 3. The facts relevant for disposal of the appeal are that the respondents as the plaintiff filed Other Suit No. 141 of 1984 in the court of the Munsif, Sitakunda against the petitioner for declaration of title to the suit land alleging that the suit land originally belonged to Kamini Bal..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....in Civil Revision No.2948 of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one ......il Revision No.2948 of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one hand a..Category: Property Law | Date: | Hits: 33
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....3 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. ......n the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. 243, Khati..Category: Property Law | Date: | Hits: 56
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