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.... plaintiffs. Thereafter the defendants served notice to evict the plaintiffs from the suit property, hence the suit.
6. The defendant Nos.1 to 4 and defendant No.5 filed two separate written statements contending, inter alia, that the suit property was originally allotted to Sona Miah by th......ion committed no illegality in dismissing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
..
Category: Property Law | Date: | Hits: 23
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....pposition to contest the Rule and by the impugned judgment and order the Rule was made absolute and hence this leave petition with an application for condonation of delay of 98 days. In view of the statements made in the application for condonation of delay the same was condoned. 6. The learn......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..Category: Limitation Law | Date: | Hits: 154
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......nt to the original allottee Syed Nazir Ahmed on 07.08.1953 and after taking over possession Syed Nazir Ahmed had been owning and living in the building with his family member peacefully by paying rents, dues and taxes etc. While the original allottee Syed Nazir Ahmed had been owning and possessi..Category: Property Law | Date: | Hits: 37
....ces, and the respondent No.5, not being an officer of any cadre service, is not entitled to claim any promotion under the said Bidhimala, 2002. Thus we do not find any substance in the submissions or statements of the respondent Nos.3,4 and 5 to the effect that the respondent No.5’s appointment as......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
...... of the plaint from Chatori Tanti and got delivery of possession and by Mutation Case No. 170/74-75 their names were mutated in S.A. Khatian No.406 in Place of said Chaturi Tanti and they paid ground rents and got dakhilas Against the above order of mutation, Shihamul Haque preferred Misc. Appeal Ca..
Category: Property Law | Date: | Hits: 43
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......were mirasdars and owners of the suit land and the plaintiff took jote settlement of the suit land from them before the commencement of the State Acquisition and Tenancy Act and the plaintiff paid rents year to year to the said Mirashdars and obtained cheque forges thereof and being in possessio..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......idharpur, about 5 miles away from the suit land, and thus the plaintiffs have been exclusively possessing the suit land, as owners and possessors, and enjoying usufructs therefrom paying rents and taxes regularly to the Government. The defendant No.2 subsequently sold a portion o..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......955 and delivered possession to them. During S.A. operation this .36 acres of land of suit plot No.1661 was recorded in the name of Mohammad Mia and his wife defendant No.1 Khairunnessa and they paid rents for the said land. Mohammad Mia while in possession thereof died leaving behind his widow defe..Category: Procedural Law | Date: | Hits: 105
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....ed to set aside deeds of gift on 28.01 .1981. As such, the plaintiffs were constrained to institute the suit. 4. The petitioners as defendant Nos.1 and 2 contested the suit by filing written statements denying the material allegations made in the plaint contending, inter alia, that Badruzz...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..Category: Property Law | Date: | Hits: 92
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....metes and bounds among the co-sharers and the plaintiffs demanded partition of the suit land as the defendants refused to go for amicable partition and hence the suit. 4. Two sets of written statements were filed by defendants No.1-5 and other one by defendant Nos.18 and 20, jointly and d......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ..Category: Property Law | Date: | Hits: 90
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....ol and "There is no contrary evidence that the defendants acquired their right in the suit premises otherwise then the grant made by the plaintiff, inasmuch as their claim in the written statements that the suit premises was gifted by the previous owner to the predecessor of the defend...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..Category: Property Law | Date: | Hits: 82
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......r dated 4.7.2004 and that after the expiry of said interim order of Stay dated 27.2.2007, he was performing the functions of Mutawalli and made applications for order empowering him for collection of rents from the tenants and to perform the functions of Mutawalli and the petitioner by his order dat..Category: Trust/Waqf Law | Date: | Hits: 518
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... which second agreement dated January 23,1978 was executed as pleaded by the defendant and she having failed to do so by examining corroborative witness and/or proving facts which would support her statements as D.W.1, the High Court Division erred in reversing the decree of the trial Court, tha...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....ng the prayer of the Customs Authorities in the two cases". 32. In Illias Vs. The Collector of Customs, AIR, 1970 Supreme Court 1065 the Supreme Court of India considered the question whether the statements of the accused recorded by the Customs Authorities under the provision of Customs Act, 19......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....ow putting of thumb impression or signature at the verification is an irregularity and not an illegality and the same could be corrected. Such verification is for the purpose of confirming that the statements made in the plaint are of the plaintiff/petitioner. In the instant case the petitioner ha......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....came tenant under the Government by operation of law after acquisition of the rent receiving interest. The trial Court disbelieved the witnesses of the defendants since they made contradictory statements as to possession of the suit land and found the witnesses adduced by the plaintiff to co......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ved al 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: VI ADC (2009) 823. ......g a Government servant, served at different places in the country on transfer for which he kept the original deeds and the land to his uncle Ali Azzam to look after the property and to pay the rents. Accordingly Ali Azzam took the said deeds and the suit land and subsequently in collusion w..Category: Property Law | Date: | Hits: 30
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......rrectly and without objection. Thus the petitioners directly or through their predecessors-in-interest have been-owning and possessing their respective case land as tenants on payment of rates and rents initially to the Bhawal Raj Court of Wards Estate and subsequently after cessation of Zaminda..Category: Property Law | Date: | Hits: 67
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......ferred 2.30 acres of land to others and retained 4. 05 acres and possessed the same jointly with other co-sharers and the plaintiff constructed houses and possessed the same and the plaintiff paid rents to the ex-land lords and possessed the same openly and adversely for more than 30 years. ..Category: Property Law | Date: | Hits: 27
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
....lk of the predecessor of the present petitioners of sale with defendant No. 1 and also taking over possession of the suit land and found contradiction with regard to the agreement of sale and statements of P.W.'s; that the appellate Court failed to understand and analyse the written state&s...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..Category: Property Law | Date: | Hits: 38
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