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Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....nd of maintainability….(6) When the stranger's property is included in a suit the "stranger" must be impleaded as a party, for a person having any interest or share in the disputed property cannot be avoided by simply branding him a stranger………&helli......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....ection 24 Pre-emption In pre-emption cases under section 24 of the Non-Agricultural Tenancy Act, 1949, the central point of controversy between the contending parties was whether the disputed jama was actually separated by an order of a competent revenue authority as claimed by the......epting this statement which is apparently an admission against the interest of, its maker, there is no evidence that the jama was actually separated and the lands were recorded under separate khatians. The copy of a proposed khatian No. 997/1 has been produced before us by the appellant-pre..Category: Property Law | Date: | Hits: 35
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....n erred in law in the interfering with the finding of the Court below in second appeal. ………………………(17) The Evidence Act, 1872 (I of 1872) Court itself is competent to compare a disputed handwriting or signature of a person with his admitted writing or signature to come to a co......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....Act was not complied with. The learned fudge of the High Court Division did not reverse the finding of the Courts below that the appellants were in possession of the case land, when the disputed record was prepared. 10. The High Court Division reversed the decision of the Cour...... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... heirs of Ahmadullah Dewanji including himself and these facts were duly recorded in the C.S. Khatian No.140 (Ext. 21) which was prepared at a later date. Under this Khatian No.140, there were five khatians namely, Khatians Nos.141 to 145 in which the names of some bargaders of Golam Rahman were ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....appellant. Plaintiff-respondent instituted a suit under section 77 of the Registration Act. Plaintiff’s case was that the defendant No.1 entered into a contract with the plaintiff to sell the disputed land and in pursuance of that contract defendant No.1 executed a sale deed in favour ......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....contract was pending and that he (respondent No.1 herein) filed Case No. 397 of 1989 before the Court of Settlement and that the respondent No.4 (attorney) also filed Case No.160 of 1987 claiming the disputed property as his own and the court of Settlement by the judgment and order of May 6, 1987 di...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....ntions of the respondents that the writ petition so filed was not maintainable and that a writ petition of mandamus does not lie against the respondents and the writ petition so filed involves disputed question of facts and, as such, not maintainable. 12. It is seen from the judgment......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......Hindus took shelter in the house of the defendant. Plaintiffs proposed exchange of their properties in Calcutta, India with those of Abdul Malek and accordingly delivered their title deeds and khatians to Abdul Malek and asked him to prepare a power of attorney in his favour. Abdul Malek got..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....petitioner was but available but the police after investigation submitted charge sheet against the petitioner. The petitioner was a lessee under the Government and he also was in possession in the disputed property, The petitioner was paying rent to the Government and subsequently he has pur...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division found that the subject matter of the writ petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil cou......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..Category: Civil Law | Date: | Hits: 113
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......he same can not remain with the landlord; that the trial Court in its judgment erroneously found that the rent receipts submitted by the defendants are not genuine and are not relating to the suit khatian; that the High Court Division erred in law in giving importance to the judgment of the Reve..Category: Property Law | Date: | Hits: 28
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......the survey record and she died leaving mother, husband and a son who is the plaintiff. The plaintiff came to know in the first week of the September, 1984 that his mother's name was not in the khatian of the schedule property and hence he tiled the suit for declaration of title. 3. Th..Category: Property Law | Date: | Hits: 32
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....ich was not at all considered by the trial Court, inasmuch as, the plaintiff did not deny that she did not put her thumb impression on the deed rather she admitted the thumb impression on the disputed deed as her own thumb impression but she stated that those taken without under standing th......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....ion of the evidence the learned Munsif found the deed of heba-bil-ewaj to be genuine one. He then noticed utter discrepancy of evidence regarding the time, place and manner of execution of the disputed kabala and also the facts that the defendants refrained from getting the kabala registere...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ..Category: Property Law | Date: | Hits: 40
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....efendant respondent the full relief in a summary manner without giving any opportunity to the plaintiffs to place their case in support of the trial court's order. 8. On consideration of the disputed question raised by both the parties the trial court in the interest of a fair settlem......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....sp; 685 was requisitioned and it was not acquired at any time and as such at all time title remained with the plaintiffs' vendor. 14. The learned Counsel appearing for the Respondent No. 1 has not disputed the fact that the land requisitioned upon initiating L.A. Case No. 91 of 1957-1958 has not ......ed, that they filed Miscellaneous Case No. 127 of 1969 under Section 143A of the State Acquisition and Tenancy Act for correction of the S.A. record and got order in their favour and thereupon S.A. khatian No. 1236 of Mouza Badda was prepared and finally published in their names, that defendant ..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....ettlement 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 subsequently by a deed of gift dated 7.12.69 tran......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...Category: Tenancy Law | Date: | Hits: 124
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....hich corresponded to March, 1948 but the Non-agricultural Tenancy Act, 1949 came into force on 20th October, 1949. As such its application in respect of the suit property does not arise at all. Undisputedly Gopalgonj Pourashav was created in the year 1972. Plaintiff filed the suit in 1968 on t...... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274...Category: Tenancy Law | Date: | Hits: 163
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