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Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......nancy Act. Petitioner's case in short is that Rashed Miah Bhuiyan, Tanu Miah Bhuiyan, Abdur Razzaque, sons of Soa Miah Bhuiyan were the owners of lands in D.S. Khatian No. 657 corresponding to M.R.R. khatian No.729 of mouja 314 Kasherpar Senbagh, Noakhali. Preemptor being the son of Rashed Miah Bhui..Category: Property Law | Date: | Hits: 33
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......Debendra Nath Sarkar and Gaugamoyee Sarker. The plaintiffs predecessor took settlement of the said lands from the said landlords by several amalnamas and they were recognized as Korfa tenants under khatian Nos. 22-31 of the landlords khatian No.21. The lands were accordingly recorded in the C.S. k..Category: Property Law | Date: | Hits: 25
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
.... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......is further stated that in S.A. operation the suit property along with the property of plot No.643 has been wrongly recorded in the name of one Aderjaman and other, predecessors of the defendants in khatian No.117. The plaintiff learnt about the wrong record in the S.A. khatian on the basis of so..Category: Property Law | Date: | Hits: 43
....efore the court of settlement, the writ petition was not maintainable and that the writ petitioner failed to discharge the onus of proof that the property was not an abandoned property and that the disputed question of fact having been involved, the writ petition was not maintainable.
5. ......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
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Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......High Court Division in civil revision however, found that admittedly the pre-emptor's mother having mutated her name, paid rents in respect of the case-land. The pre-emptor himself filed the mutation khatian which was marked 'X' and it is clear from the said mutation khatian that his mother mutated ..Category: Property Law | Date: | Hits: 27
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
.... the coming into force of part V of the Act, to which sub-section (1) read with sub-section (2) of section 87, may apply. 5. This provision of law laid down by the Appellate Division cannot be disputed but the facts and circumstances of the instant case is different from those in the cited de......red by the river and government is the sole owner and possessor of the land. The predecessor of interest of the plaintiff paid no rent and were not recognized as tenant under the Government. The MROR khatian was correctly recorded in the name of the defendant and as such the suit should be dismissed..Category: Property Law | Date: | Hits: 24
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
.... 57. It is no doubt true that these and many other questions would have arisen before it was found out whether the two B.N.P. members had resigned from the party and thus vacated their seats. Many disputed questions of facts would have been resolved upon such evidence as might have been led by th......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 171
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..Category: Property Law | Date: | Hits: 21
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..Category: Property Law | Date: | Hits: 18
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ..Category: Property Law | Date: | Hits: 26
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ...... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ..Category: Property Law | Date: | Hits: 28
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......spect of an area of 3 kanis, two (2) gondas two (2) karas and two (2) krantees equivalent to 3.76 acres out of land of disputed Cadastral Survey Khatian Nos. 17 and 18,19, 20 and 21 along with khas khatian No. 1 and schedule of sale deed had shown that Cadastral Survey Khatian No. 17 meant for tra..Category: Property Law | Date: | Hits: 27
....ed due to failure of the state to protect the life but, at the same time, significantly that it will depend upon the facts and circumstances of each case. If the question of custodial death becomes a disputed question of fact, in that case, under the writ jurisdiction it will not be possible to give......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
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Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....intainable. 5. Mr. Mahmudul Islam, the learned Counsel appearing for the appellants in Civil Petition No.1759 of 2002 submitted that the appellant having prayed for declaration of title of the disputed land which became clouded in view of the judgment and order of the High Court Division date......tating, inter alia, that they by kabala Nos.1586, 1588, 1589 and 1600 dated 1-2-1974, 15-2-1974, 11-2-1974 and 14-2-1974 respectively purchased 0.54 acres of land appertaining to CS Plot No.248 of CS khatian No.235 corresponding to SA Khatian No.406 of Mouza Chandana PS Joydebpur, District-Gazipur d..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......nd half portion of lands of CS Khatian No.77 to the defendant Nos. 24-36 and 38. 2. The respondent Nos. 15-32 instituted the suit for partition on the averments that the suit lands appertain to CS khatian Nos. 18, 77, 133 and 138 belonged to Hossain Biswas, Ebad Ali Mondal, Sobhan Mondal, Khorshe..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....es and whether the trial of the appellant on facts allegedly committed prior to the promulgation of Durnity Daman Commission Ain, 2004 constitute an offence under the Durnity Daman Commission Ain are disputed facts can only be decided on evidence at the trial. This is not a case that the allegat......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..Category: Anti-Corruption Laws | Date: | Hits: 195
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..Category: Property Law | Date: | Hits: 18
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..Category: Property Law | Date: | Hits: 29
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
....dingly the respondents are not entitled to claim the benefit of waiver as matter of right; further the amount repaid by the respondent going into detailed arithmetic calculation of figures has been disputed by the appellant; moreover the report given by Ali Ahmed was an internal matter of the appe...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
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