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Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)

....een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ......Nos. 1 and 2 as plaintiffs filed Title Suit No. 21 of 2008 for partition and for buying up under Section 4 of the Partition Act stating, inter alia, that Romoni Mohon was the owner of 4.88½ acres of land who died living 6 sons plaintiff Nos.1 and 2, defendant Nos. 8, 9, 10 and Noyan Krishna Paul. E..

Category: Property Law | Date: | Hits: 44

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

....decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960....... and respondent Nos. 2(Ka) to 2(Ja) Monir Uddin Sheikh and Abdul Motaleb Shaikh respectively as plaintiffs filed Title Suit No.253 of 1986 for declara­tion of their title- and possession in the suit land, which they acquired through purchase from Kallayani Debi, and that the defendants claiming own..

Category: Property Law | Date: | Hits: 51

Suraiya Begum and others Vs. Misir Ali 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: VII ADC (2010) 945. ......t Judge, Additional Court, Narayangonj in Title Suit No. 168 of 1992 decreeing the suit. 2. The facts involved in the case, in short, are that Bangu Sheikh had jote right in respect of 54 decimals land under C.S. Dag No.7, 64 decimals land under C.S. Dag No.113, 13 decimals land under C.S. Dag No..

Category: Property Law | Date: | Hits: 47

Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)

....petitioners are permitted to pre­pare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......d Assistant Judge, Nalchiti, Jhalokathi, decreeing the suit in part. 3. The petitioners hereof, as plaintiffs, filed Title Suit No. 28 of 1997 for parti­tion praying for a saham of 13 decimals of land out of 31 decimals of land in Hal-Dag No.205 of S.A. Khatian No.791/144/544 of Mouja-Nalchiti u..

Category: Property Law | Date: | Hits: 45

Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)

....ation Ltd. reported in (2004) 13 Supreme Court Cases 494 that “Negotiable Instrument Act,1881-section 138-compounding of the offence-Accused and the complainant settling matter amicably and memo of settlement produced before the Supreme Court-In view of this, conviction and sentence set aside”. ......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ..

Category: Criminal Law | Date: | Hits: 57

M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)

....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......he High Court Division (Annexure-C-1) in the Civil Revision No. 5380 of 1991. 2. The facts leading to the issuance of the Rule, in brief, are: 3. Saifuddin Ahmed Siddique was the owner of the land measuring 47.47 acres. He entered into an agreement with the writ petitioners on 28.11.1969 for..

Category: Property Law | Date: | Hits: 35

Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)

....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......and made behind his back con­tending, inter alia, that the said Khatian has been prepared in the name of the defendant-petitioner hereof having no right, title and interest or possession in the suit land and that the suit land meas­uring 57 decimals of land out of 5.50 acres appertaining D.S. Khat..

Category: Property Law | Date: | Hits: 32

Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)

....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......ant Judge, 1st Court, Dhaka against the opposite parties for getting the suit property by way of pre-emption under Mohammedan Law on the averments that the plaintiff is owner of the ‘Ka’ schedule land of the plaint by way of inheritance and the suit property as described in the “kha” schedul..

Category: Property Law | Date: | Hits: 39

Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......ge, Dhaka (which transferred to 4th Court of Subordinate Judge and Artha Rin Adalat re-numbered as Title Suit No.244 of 1992) for declaration of title and recovery of khas possession of the following land of “Schedule ‘A’ comprising of an area of .1256 acres of land out of the land of..

Category: Property Law | Date: | Hits: 39

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......-1995 and 3-12-1995 with some allegations against the petitioner. Thereupon the respondent No. 1 issued a notice on 24-12-1995 directing the Thana Nirbahi Officer (TNO) to collect crops of cultivable lands through the local Union Parishad chairman and against the petition No. 188 of 1988 and the sai..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......tioners; that the defendant Nos.17-23 are in possession of the suit premises as bharatia under the plaintiff-petitioners and the defendant oppo­site party has no right, title or interest in the suit land and that by impleading some unnecessary par­ties he has managed to obtain the said decrees and..

Category: Procedural Law | Date: | Hits: 80

Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)

....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......78 of the Court of Sub-Judge, 1st Court, Sadar, Chittagong. 2. The petitioner instituted the aforesaid suit against the opposite party Nos.2 to 5 for specific per­formance of contract for certain land on the allega­tions, inter alia, that Dhirendra Lai Nandy predecessor-in-interest of the oppos..

Category: Procedural Law | Date: | Hits: 70

M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)

....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......te refer to two decisions reported in (a) 26 DLR 82 and (b) 29 DLR 56. 10. In the first case it was held that if the plaint disclosed that the relief sought was not for declaration of title to the land but for some other re­lief relating to it, the suit fell under sec. 7(iv) (c) of the Court Fee..

Category: Civil Law | Date: | Hits: 159

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......n of complaint before the Chief Metropolitan Magis­trate, Dhaka on 25.3.87 for drawing up the aforesaid proceeding under section 145 of the Code of Crimi­nal Procedure stating, inter alia, that the lands de­scribed in the schedule were originally held by two brothers Ali Meah Dhali and Amiruddin ..

Category: Criminal Law | Date: | Hits: 32

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......tion Misc. Case No.11 of 2006 in the court of Assistant Judge Bhuringamari, Kurigram for preemption of the schedule property made in the preemption case. 3. The case of the pre-emptor is that the land was recorded and published in S.A. Khatian No.30 and 55 in the name of Kalu Sheikh who died lea..

Category: Property Law | Date: | Hits: 36

Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)

....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ......audulent, collusive, forged, without consideration, void and not binding upon the plaintiff of the suit. 2. Facts relevant for the purpose of dis­posal of this application are that sched­ule 'B' land to the plaint belonged to Ramjan Ali Sowdagar, who gifted the same in favour of his minor son (..

Category: Trust/Waqf Law | Date: | Hits: 194

Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)

....ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......as possession of the suit property detailed in the plaint contending, amongst others, that the defendant No.3, Abdul Aziz Khan, while owning and possessing the suit property measur­ing 9 decimals of land through purchas­es vide registered sale deed No. 19651 dated 21.12.1966 (4.5 decimals) and vid..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......le Suit No. 57 of 1994. 2. The facts, in brief, leading to the fil­ing of this review petition are that Rustam Ali and his wife the plaintiff-respondent No.7 are the admitted own­ers of the suit-land by purchase from one Abdul Ali, purchaser from the C.S. recorded tenant. The plaintiff-respon­..

Category: Property Law | Date: | Hits: 33

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......e contract. The precise reason for refusing a decree for specific performance of the contract by the learned District Judge appears to be the existence of structures standing in a portion of the suit land measuring one acre of land. 14. Although in a revision, I am not usually expected to go into..

Category: Civil Law | Date: | Hits: 81

Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ...... of TK.5,000.00 each in default to suffer rigorous imprisonment for one year more. 2. The prosecution case, in short, is that the victim and the informant had previous enmity with the accused over land dis­putes. Out of that enmity while the informant along with his brother Muslim in the afterno..

Category: Criminal Law | Date: | Hits: 40