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Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....ly considered the question of adverse possession on the basis of the evidence that was led by the respective parties in the case, inasmuch as the Courts below found that Baisnab the admitted original owner of the suit land was in possession for more than 12 years before the institution of the suit a......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....No. 222 of 1992 in the Court of Senior Assistant Judge, Chandpur for declaration of title and recovery of khas possession against the respondents on the allegations interalia that he is the owner of the suit property. The respondent no. 1 filed Title Suit No. 93 of 1985 for declaratio......b Hossain, Advocate-on-Record- For the appellant Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent. Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in ......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
...., are that the respondent as pre-emptor instituted a Miscellaneous Case No. 7 of 1992 for preemption of the case land under Section 96 of the State Acquisition and Tenancy Act as contiguous land owner by inheritance stating inter alia that he went to London for business purpose and returne......w. No order as to cost. Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ndent filed the writ petition stating, inter alia, that he is the managing Director of 'Friends Fishing Corporation' a private limited company registered under the Companies Act, 1913 and is also the owner of two Fishing Trawlers at Chittagong engaged in the business of catching shrimps in the deep ......lso Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
.... 6. Mr. T. H. Khan, learned Counsel, appearing on behalf of the respondent No. 1 submits, inter alia, that Amir Ali, the predecessor in interest of the plaintiffs was admittedly the owner of the property and that there being no evidence of any right, title or possession of the defe......y order as to costs. Ed. ......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....for permanent injunction if he can prove possession and could not be evicted with force except in due course of law and can exercise his right of possession restraining everybody including the real owner. In a suit for permanent injunction court need not enter into disputed title except to the e......t Appellate Division (Civil) Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents ......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....atun. Later on Azizur Rahman Chowdhury died leaving behind one son and Ataul Haque Chowdhury died leaving behind two sons one daughter and a wife. In Khatian No. 98 Serajul Haque Mukter was the owner who settled the land with Abdus Satter and Abdur Razzaque was recorded as Khatian No. 99 in Di...... is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....vision did not consider that there was enmity between the petitioner and the respondent arising out of previous civil and criminal cases. If was also argued that the respondent complainant is not the owner of the pond. 5. We have heard the learned Advocate and perused the impugned judgm......ition is dismissed. Ed. ......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....ssion of Abdur Rahim and plot No.407 was recorded in R.S. Khatian No. 92 in exclusive possession of Nur Ali because of amicable partition. After the death of Abdur Rahim his only heir Iman Ali became owner in possession of said land and accordingly PS and BS record of rights were prepared in the nam...... ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....ing the affairs of the industry when it was taken over by the Government; in that premises the Acting President's Order dated 26-12-1971 authorised the Government to take over any industry the owner and top management which are not available in Bangladesh. 13. We have considered the ......8) 197. ......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
.... 576 of 1991 was discharged. 5. Mr. Mahbubey Alam, the learned Counsel, appearing for the petitioner, contended that the dispute between the plaintiff and defendants as tenants as to ownership of the property that is whether the suit premises belonged to Amritalal Shah Banik or......late Division (Civil) Present: Md. Ruhul Amin J. Syed J. R. Mudassir Husain J. Anil Ranjan Deb......................Petitioner. Vs. Yoshodalal Amritalal Shaha Banik and others.....................Respondents. Judgment 9 November 2003 Lawyers In......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
.... to be not correct since in the petition that was filed before the District Co-operative Officer and whereupon Dispute Case No. 65 of 1993 was registered it was stated that Respondent No. 1 is the owner of the shop no. 235(kha) and that on his representation to the authority an inquiry was held ...... Syed J. R. Mudassir Husain J Md. Mojibul Huq alias Shaikh Md. Mojibul Huq………..Appellant Vs. Md. Yakub Ali being dead his heirs: Mrs. Sonaban Bibi and others…………... Respondents Judgment November 9, 200......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
.... Government by filing written statement stating, inter alia, that the property in suit has been acquired finally by the gazette notification and the compensation has already been paid to the recorded owners and the same was received by them. It was also the case of the Government that Government too......is Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..Category: Limitation Law | Date: | Hits: 189
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
.... relevant time the property has been treated as abandoned property and that though the petitioners claimed to have purchased the property but could not produce any original documents nor the admitted owner Mrs. Jainab Khatun was produced before the Court of Settlement. 4. In support of the petit......missed. Ed. This Case is also Reported in: ......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
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