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Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....1993 passed in Title Suit No. 29 of 1992 by the learned Sub-ordinate Judge, Sylhet, decreeing the suit declaring that the record of right prepared in the name of persons with regard to the schedÂule land are the representatives of the whole villagers of Angarjure restraining the defendant permanent......-on-Record-For the Petitioners. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Review Petition for Leave to Appeal No. 99 of 2008. (From the judgment and order dated 20.04.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.18 of 2008.) Judgment ...... No. 168 of 1993 by Additional District Judge, Sylhet, affirming those of dated 30.08.1993 passed in Title Suit No. 29 of 1992 by the learned Sub-ordinate Judge, Sylhet, decreeing the suit declaring that the record of right prepared in the name of persons with regard to the schedÂule land are the r......te Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abdul Noor and others……………………...Petitioners Vs. Abdul Jabbar and others……………..Category: Property Law | Date: | Hits: 27
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....t Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule property appertaining to C.S. Plot No.78 comprising an area of 151 decimals of land fell in the saham of Kalai and Ahmed, and other co-sharers got other lands. Thereafter by an am......or Respondent Nos. 1-2, 4-6 & 8. Not represented- the Respondent Nos. 3, 7, 9 & 10. Civil Petition for Leave to Appeal No. 2320 of 2009. (From the judgment and order dated 25.6.2009 passed by the High Court Division in Civil Revision No.74 of 2007) Judgment Surendra Kumar Sinh......The respondents instituted Title Suit No.57 of 1999 in the 1st Court of the learned Joint District Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule property appertaining to C.S. Plot No.78 comprising an area of 151 decimals of lan...... and another…………………........Petitioners Vs. Md. Nazimuddin and another……………........Respondents Judgment May 20, 2010. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Abdus Salam ..Category: Property Law | Date: | Hits: 30
....to issue the 'Letter of Consent' in favour of the writ-petitioner.
2. The facts involved in the case, in short, are that the respondent No.1 is a businessÂman and the owner of the above mentioned landed property. The said land is situated in the vicinity of the Dhaka-Chittagong Highway. With a v......nded till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
......s….....Petitioners
Vs.
Md. Nizamul Islam and others....................Respondents
Judgment
February 25, 2010.
Lawyers Involved:
Tufilur Rahman, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners.
M. Faruque, Advocate instructed by Mr. Md. Nawab A......is also Reported in: VII ADC (2010) 857.
..
Category: Others | Date: | Hits: 82
....isfaction of all.
25. He attended the Special Personnel Development Course under NIPA, COTA, MDC in 1978. He attended a course on the International Law at Hague Academy of International Law, Netherlands and seminars under UN1TAR, attached to the office of UNHCR and UNCTAD, Geneva at Switzerland u......CD) (2009) 523.
......three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad Ahmed, an Advocate of the Supreme Court.
3. On the view of a Division Bench dated 19-4-03 that the writ petitions raised complicated constitutional questions of great public importance, the H...... accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
..
Category: Constitutional Law | Date: | Hits: 252
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....rder dated the 14th day of May, 2009 passed by the High Court Division in Civil Revision No.3839 of 2001 making the Rule absolute. 2. The facts involved in the case, in short, are that 5 kathas of land equivalent to more or less .8 decimal of mouza Khojarbagh, being Plot No. 3/D/A, 1st Colony Mir...... of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......judgÂment and order dated the 14th day of May, 2009 passed by the High Court Division in Civil Revision No.3839 of 2001 making the Rule absolute. 2. The facts involved in the case, in short, are that 5 kathas of land equivalent to more or less .8 decimal of mouza Khojarbagh, being Plot No. 3/D/A......a Uddoula and others………......Respondents Judgment February 4, 2010. Lawyers Involved: S.H. Md. Nurul Huda Jaigirdar, Advocate instructed by Mr. Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate with Md. Nurul Amin, Advocate instr..Category: Property Law | Date: | Hits: 32
Sayed and othÂers Vs. State, 2009, 38 CLC (AD)
....t Md. Shamser Ali brother of deceased Ramjan Ali on 16.05.1988 at 2:00 p.m. lodged an FIR at the Tahirpur Police Station alleging that his brother-deceased Ramjan Ali had a shop on the Chandina Bhiti land at Badaghat Cattle Market. On the previous night the shop hut standing thereon was blown away b...... Civil Petition No. 212 of 2008) 2. Abdus Somed and another….......Petitioners (In Civil Petition No.205 of 2008) Vs. The State……..........Respondent Judgment April 23, 2009. Cases Referred To- Nur Ahmed Vs. the State 1971 SCMR 398; State Vs. Giasuddin 18 BLD (AD) 284. ......hem to suffer rigorous imprisonment for 3(three) years and to pay fine of TK.500.00 each in default to suffer rigorous imprisonment for 3(three) months more. 2. The prosecution case, in short, is that informant Md. Shamser Ali brother of deceased Ramjan Ali on 16.05.1988 at 2:00 p.m. lodged an FI.........Respondent Judgment April 23, 2009. Cases Referred To- Nur Ahmed Vs. the State 1971 SCMR 398; State Vs. Giasuddin 18 BLD (AD) 284. Lawyers Involved: Mansurul Hague Chowdhury, Senior Advocate instructed by Chowdhury M. Zahangir, Advocate-on-Record-For the Petitioners (In both the..Category: Criminal Law | Date: | Hits: 26
....t, are that on 13.08.1960 the erstwhile Government of East Pakistan allotted to one Mohammad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Street, Dhaka through a registered lease deed 144 sq. yard of land in mouza Barabo, Police Station Tejgaon presently Plot No.U/59 Block-D, Mohammadpur for 99 year...... instructÂed by Md. Nawab Ali, Advocate-on-Record-For the Appellants.
Ex-parte-the Respondents.
Civil Appeal No. 446 of 2001.
(From the judgment and order dated the 8th day of August, 1996 passed by the High Court Division in Writ Petition No.80 of 1988).
Judgment
Mohammad Fazlul Kar...... appeal, by leave, is directed against the judgment and order 08.08.1996 passed by High Court Division in Writ Petition No.80 of 1988 discharging the Rule.
2. The facts of the case, in short, are that on 13.08.1960 the erstwhile Government of East Pakistan allotted to one Mohammad Mohib son of Bh......p; others. ..........Appellants
Vs.
Chairman, Court of Settlement, Segunbagicha, Dhaka & others......Respondents
Judgment
January 11, 2009.
Lawyers Involved:
M. I. Farooqui, Senior Advocate instructÂed by Md. Nawab Ali, Advocate-on-Record-For the Appellants.
Ex-parte-the Re..
Category: Property Law | Date: | Hits: 41
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
....of 1993 reversing those dated 21.06.1993 passed by the Assistant Judge, Additional Court No.2, Bagerhat in Title Suit No.290 of 1989. 2. The case of the plaintiff, in short, is that 59 decimals of land in C.S. khatian No.183 under mouza Sarui belonged to Sarat Chandra Mitra who died leaving behin...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Rabeya Khatun being dead her heirs; Md. Harun-Or-Rashid Talukder and others ….....Petitioners Vs. Sheikh Ashraful Islam and others…………...... is also Reported in: VII ADC (2010) 815. ......r and others ….....Petitioners Vs. Sheikh Ashraful Islam and others……………........Respondents Judgment June 23, 2009. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not re..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
....e 11th day of February, 2008 passed by the High Court Division in Writ Petition No. 2004 of 2008 summarily rejecting the writ petiÂtion. 2. The facts involved in the facts, in short, are that the lands described in the 11 (eleven) award notices belonged to the petitioners and others when the Gov......¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment June 21, 2009. Lawyers Involved: A.K. Badrul Huq, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 5 Not represented- Respondent Nos. 1-4 ......dated the 11th day of February, 2008 passed by the High Court Division in Writ Petition No. 2004 of 2008 summarily rejecting the writ petiÂtion. 2. The facts involved in the facts, in short, are that the lands described in the 11 (eleven) award notices belonged to the petitioners and others when......mail Miah………………………………....Petitioner Vs. Bangladesh and others…………………Respondents Judgment June 21, 2009. Lawyers Involved: A.K. Badrul Huq, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Bivash Cha..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
.... about Taka 16 lakh from the House Building and Finance Corporation and Bank, and obtained further loan of Taka 5/6 lakh from friends and relatives and built a five-storied house on ‘Ka’ schedule land. While he was thus living in the house, he gifted the house to the extent of 3/4th of the prope......cated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ...... ……………………Petitioners Vs. Sabana Islam and others…………………………Opposite Parties Judgment March 10, 2002. Cases Referred To- Johura Begum vs. Naimuna Khatun, 16 DLR 695; Mrs. Nilufar Majid vs. Mokbul Ahmed, 1984 BLD 79; Hasan Bhat vs. Golam Mohammad A......a Khatun, 16 DLR 695; Mrs. Nilufar Majid vs. Mokbul Ahmed, 1984 BLD 79; Hasan Bhat vs. Golam Mohammad AIR 1961 J & K 5. Lawyers Involved: Moin Uddin with Shah Manjurul Hoque, Advocates— For the Petitioners. Kh A M Mohsen Uddin with Zakia Ahmed Chowdhury, Advocates — For the Opposit..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
.... restraining them from continuing a construction work. 2. On 29-8-2001 opposite party No.1 as plaintiff instituted the suit against the appellants and another for a decree of partition of the suit land described in schedule-I for a separate share of his purchased 6 Gondas of land (12 decimals) an......sposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......sion rejected the prayer temporary injunction against enactment of a letter of guarantee as the balance of convenience was against the plaintiff on the view. 7. It also found it in agreement with that of House of Lords in American Cyanamid Co. Vs. V Ethicon Ltd., 1975 AC 396,- “The object of......s, 1986 BLD 326; Fahim Al Haque and another vs. Mohammad Abdul Aziz and others, 43 DLR 226; Serajuddin vs. Mizanur Rahman, 29 DLR (SC) 82; Uttara Bank vs. Macneill Kilburn, 33 DLR (AD) 298; House of Lords in American Cyanamid Co. vs. V Ethicon Ltd. 1975 AC 396; Mofazzal Hossain and another vs. Moinu..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....ner. Opposite Party No. 1—Appeared in person and represented himself. Civil Revision No. 4354 of 2001. Judgment AKM Shafiuddin J. - The dispute between the parties relates to a piece of land measuring 0.02¾ acres. It will be referred to, hereinafter, as the case land. It is situated o......n J Madinullah Miah ………………………………….Petitioner Vs. Md. Abdul Mannan & another…………………………….Respondents Judgment November 28, 2001. Cases Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and oth......n J. - The dispute between the parties relates to a piece of land measuring 0.02¾ acres. It will be referred to, hereinafter, as the case land. It is situated on plot No. 50794, appertaining to MRR Khatian No. 1328, corresponding to PS Khatian No. 1319 in Mouza Char King, previously known as Char I...... Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, Advocate—For the Petitioner. Opposite Party No. 1—Appeared in person and represented himself. Civil Re..Category: Property Law | Date: | Hits: 37
....nt."
16. In case of Surat Sarder Vs. Afzal Hossain, 49 DLR (AD) 99 in restoring the decree of the trial Court declaring the title of the plaintiffs and confirmation of their possession in the suit land, the Appellate Division was of the view that this Division upon misconception of law and fact a......accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......uted the suit for a decree of several declarations, namely, issue of adjudication orders as described in schedule-A to the plaint against the plaintiff are all illegal, improper and no legal effect, that the joint declaration dated 1‑8‑91 executed in between the plaintiff and defendant No. 2 was..............Opposite Parties
Judgment
July 21, 2002.
Cases Referred To-
Malik & Huq and another Vs. Muhammad Shamsul Islam Chowdhury, 13 DLR (SC) 228; Gopal Das Vs. Mul Raj, AIR 1937 Lahore 389; Krishna Aiyar Vs. Pachiappa Chetty and others, AIR 1924 Madras 883; Surat Sarder Vs. Afzal ..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....stated preemption case passed on 10-7-1997. 2. Essential facts for disposal of this Rule are that the petitioner or Aumullaya Chandra Haldar filed the aforesaid case on 31-10-1994 to have the case land measuring 21 decimals preempted which was transferred by his brother PW 2 Sarat Chandra Halder ......t: KM Khaled J Aumullaya Chandra Haldar…………………….. Petitioner Vs. Md. Mohsin Ali Mandal & others ………………Opposite Parties Judgment March 6, 2002. Case Referred to- Akhlasur Rahman and others vs. Serazuddin and others, 42 DLR (AD) 189. Lawyer......Appeal No. 37 of 1997 upholding those of the Senior Assistant Judge, Ullapara, Serajganj, in the above stated preemption case passed on 10-7-1997. 2. Essential facts for disposal of this Rule are that the petitioner or Aumullaya Chandra Haldar filed the aforesaid case on 31-10-1994 to have the ca......nt March 6, 2002. Case Referred to- Akhlasur Rahman and others vs. Serazuddin and others, 42 DLR (AD) 189. Lawyers Involved: Md. Fazlul Karim with Khandker Aminul Haque, Advocates—For the Petitioner. Md. Israfil Hossain, Advocate—For the Opposite Parties. Civil Revision No..Category: Procedural Law | Date: | Hits: 75
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....n 12-9-99 instituted Partition Suit No. 153 of 1999 in the Third Court of Subordinate Judge at Chittagong against said Mahbubur Rahman (as defendant No.1) and 118 others for partition of 1.45 acre of land including the laid covered by the previous suit claiming a share of 19 gondas and odds as descr...... in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ...... Civil Order No. 5742 for stay of further proceedings in Other Execution Case No. 3 of 1997 while disposing of a revision application of the above petitioners. 2. In the application, it is stated that decree holder Md. Mahbubur Rahman Mia instituted Title Suit No. 101 of 1989 for declaration of t...... SCC 1; Indian Bank vs. Satyam Fibres (India) Pvt. Ltd. 1996(5) SCC 550; Lazarus Estate Ltd. Vs. Beasley, 1956(1) QB 702. Lawyers Involved: Ajmalul Hossain with Aminul Islam Monda, Advocates—For the Opposite Party No.1 Applicant. Maqbul Ahmed, Advocate—For the Petitioners. Civil Orde..Category: Civil Law | Date: | Hits: 125
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....respondent No. 2, and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that Meser Mohalder already transferred the case land to Tariqullah Biswas in 1924 and therefore his heirs had no right or title to transfer the same...... Chowdhury, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1 & 3-31. Civil for Leave to Appeal No. 2281 of 2009. (From the judgment and order dated 02.07.2008 passed by the High Court Division in F. M. A. No.168 of 2001.) Judgment Md. Abdul Matin J.- Thi......060 dated 05.02.1989 in relation to E. C. No. 4474 deciding the case property to be waqf property of Tariqullah Biswas waqf Estate, Hazi Mohammad Mohsin Road, Jessore. 2. The facts, in short, are that the case property belongs to the petitioners and respondent No.31 whose predecessor purchased th......ndra Kumar Sinha J Mst. Nurjahan Begum being dead her heirs A.B.M. Tosaddeque Hossain also died his heirs A.K.M. Zakir Hossain and others...........................Petitioners Vs. Administrator of Waqfs and others..............................Respondents Judgment May 13, 2010. Lawy..Category: Trust/Waqf Law | Date: | Hits: 183
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... Appellants. Saheed Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Appeal No.197 of 2004. (From the judgment and order dated 04.07.1999 passed by the High Court Division in Writ Petition No.705 of 1998.) Judgment Shah Abu Nayeem Mo......e was in service for 20 years 6 months 1 day on the day he was dismissed from service arbitrarily on 16.07.1996 by the Battalion Commander, 39 Rifles Battalion, stationed at Teknaf, Cox's Bazar, and that the petitioner being a Havilder the order of dismissal passed by the Battalion Commander, who be......, Ramna, Dhaka and others.......Appellants. Vs. Md. Anowar Hossain..................................Respondent Judgment July 21, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General, instructed by Mr. B. Hossain, Advocate-on-Record- For the Appellants. Saheed Alam..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
.... Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. The Rule in Writ Petition No.4338 of 2003 was issued calling upon ......or Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents (In both the appeals). Civil Appeal Nos. 149-150 of 2005. (From the judgment and order dated 14.12.2004 passed by the High Court Division in Writ Petition Nos. 5512, 4338 of 2003 with Writ Petition No. 280......the name and style "Nilkhet Square" at Nilkhet, Dhaka, on 18.98 kathas of land, by the Mayor, Dhaka City Corporation, without disclosing its description and identification as to Mouza No., Plot No., Khatian No., Road No., Ward No. etc. should not be declared to have been made mala fide, illegally an...... appeals). Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity..............Respondents (In both the appeals) Judgment August 18, 2010. Lawyers Involved: M. K. Rahman, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants (In both the appeals..Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....spondent No.1 as the plaintiff filed before the Court of 1st Joint District Judge Narayangonj Title Suit No.70 of 2004 for declaration of Title and recovery of Keash Possession in respect of the suit land, contending, inter alia, that the land of C.S. khatian No. 261 being plot No. 325 measuring .61...... I. Bhuyan, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-30. Civil Petition for Leave to Appeal No. 2325 of 2009. (From the judgment and order dated 18.08.2009 passed by the High Court Division in Civil Revision No.4189 of 2008.) Judgment Md. Abdul Matin ...... dismissing the appeal and upholding the Judgment and decree dated 17.07.2007 passed by the Joint District Judge, First Court, Narayanganj in Title Suit No.70 of 2004. 2. The facts, in short, are that the Respondent No.1 as the plaintiff filed before the Court of 1st Joint District Judge Narayang....................................Petitioner Vs. Michir Ali Bhuiyan and others.......................Respondents Judgment May 16, 2010. Lawyers Involved: Khandkar Mahbubuddin Ahmed, Senior Advocate (with M A Azim, Advocate appeared with the leave of the Court) instructed by Syed Mahbub..Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....ffirming those dated 11.10.2005 passed by the Senior Assistant Judge, Sadar, Comilla in Title Suit No.184 of 2000 decreeing the suit. 2. The facts involved in the case, in short, are that the suit land appertaining to C.R. Khatian No. 3 originally belonged to Ramgoti Nomo. Thereafter, upon an ami...... This Case is also Reported in: VII ADC (2010) 707....... the appeal affirming those dated 11.10.2005 passed by the Senior Assistant Judge, Sadar, Comilla in Title Suit No.184 of 2000 decreeing the suit. 2. The facts involved in the case, in short, are that the suit land appertaining to C.R. Khatian No. 3 originally belonged to Ramgoti Nomo. Thereafter......ion (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Nasiruddin Khan………………………………………….Petitioner Vs. Forhad Hossain Bhuiyan………………………………Respondent Judgment December 9, 2009...Category: Property Law | Date: | Hits: 42
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