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Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......ion case, as it appears from the evidence of P.W.1, the informant was that on 19.05.1998 when his nephew, Aslam Ali (the deceased) demanded money from accused Altaf Ali Bepari for giving water in his land for irrigation an altercation took place between them. The matter was settled by the persons pr..

Category: Criminal Law | Date: | Hits: 52

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

.....1 accordingly in its Board meeting held on 09.11.2000 agreed to settle and release the mortgaged proper­ty provided that the defendant No.4 paid Tk. 3,50,00,000/- only to the defendant No.1 in full settlement of its claim. The defendant No.5 then offered to sell the mortgaged property to a third p......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..

Category: Civil Law | Date: | Hits: 93

Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)

....le". Security of Tk. 1000/- is to be deposit­ed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......e judgment and order dated 18.01.2009 passed by the High Court Division in dis­posing of the Rule in Civil Revision No.2036 of 2005 directing the Secretary, Ministry of Works, to arrange alternative land in the same quantum for the opposite parties and till such arrangement is made to allow the opp..

Category: Property Law | Date: | Hits: 70

Bangladesh Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers, 2011, 40 CLC (AD)

....the petitioner and 11 others for declaration of title to the suit land and confirmation of possession therein alleging, inter alia, that the plaintiffs acquired title to the suit land on the basis of settlement from the landlord Narendra Nath Laha by a registered patta dated 14th July, 1944 on payme...... petition are that respondent Nos. 1-16 insti­tuted Title Suit No.34 of 1981 in the Court of the Subordinate Judge, Satkhira against the petitioner and 11 others for declaration of title to the suit land and confirmation of possession therein alleging, inter alia, that the plaintiffs acquired title..

Category: Property Law | Date: | Hits: 76

Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)

....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ...... of 1999. 2. Facts relevant for the disposal of this petition are that the petitioner instituted the above suit seeking two declarations, one, for declaration of title in respect of sched­ule one land, and the other, for declaration that the deed described in schedule two of the plaint is not bi..

Category: Property Law | Date: | Hits: 87

Subrata Dev Roy Vs. Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another, 2011, 40 CLC (AD)

..... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ......f this petition are that the predecessor-in-interest of the petitioner filed Miscellaneous Case No. 21 of 1963 in the Court of Subordinate Judge, Second Court, Mymensingh for pre­emption of the case land under section 24 of the Non-Agricultural Tenancy Act, 1949 against Saraswati Rani Paul, the pre..

Category: Procedural Law | Date: | Hits: 76

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

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ..

Category: Property Law | Date: | Hits: 89

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)

....akir. He also fell down on the ground. Witnesses came and saw and heard the occurrence. 25/30 years ago, father of the informant purchased the land from Megu Fakir by a registers deed of sale. Out of settlement the purchasers were possessing small piece of land from the accused. The accused sowed ju......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

Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)

....at document at the request of the plaintiff on the road in front of Dutta Bari on his return from India after the liberation on plaintiff's representation that he was making the document for ultimate settlement. On being declared hostile in cross examination by the plaintiff he admitted that P.W.4 w......dra Biswas who was a primary school teacher died leaving the plaintiff and defendant Nos. 3‑7 as cousin brother's sons. 3. The case of the plaintiff is that on 1.4.1957 the said Parash sold some lands to him by a registered sale deed Ext. 1 in repayment of the sum of Tk. 600.00 borrowed from hi..

Category: Property Law | Date: | Hits: 78

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