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Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdus Sattar Khan being dead his heirs Abul Lais Khan and others......... Petitioners (In both the cases) Vs. 1. Md. Noor......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ...... 10 and 4. 2. The trial Court by the aforesaid judgment and decree decreed the Title Suit Nos. 4, 5 and another Title Suit being No. 6 of 1968. The trial Court declared the title of the plaintiffs of the aforementioned suits and also passed a decree for recovery of khas possessi..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Ltd. represented by its Managing Director, Gagan Babu Second Road, Khulna. ............w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......sion in Appeal from Original Decree No. 29 of 1996 dismissing the appeal affirming those dated 3.9.1995 of the First Court of Subordinate Judge, Khulna in Title Suit No. 26 of 1992. 2. The plaintiff-respondent filed the suit impleading the petitioner as defendant No.5 and others as the ..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......eported in: IV ADC (2007) 920. ......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......in Other Class Suit No. 64 of 1985 decreeing the same. 2. The suit was filed seeking declaration of title and for recovery of khas possession of the land in suit. It is the case of the plaintiffs that they have purchased the land in suit by the kabala dated January 19, 1980 from defe..Category: Property Law | Date: | Hits: 18
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ...... Supreme Court Appellate Division (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin ......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......ed to pray for foreclosure of the said mortgage or for the sale of the mortgaged property to recover the money allegedly due. Such omission amounted to a relinquishment of a claim by the plaintiff under Order II Rule 2 of the Code of Civil Procedure, 1908 ("the Code"). Theref..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....of on the allegations, inter alia, that the purchased 1½ katha of lands in mouza Dhanmandi, as described in Schedule A to the plaint, by a registered sale deed dated 14.6.65; that for the purpose of ingress to and egress from the said land he made an arrangement with his vendor for a passage 4ft wi......sif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......ations, inter alia, that the purchased 1½ katha of lands in mouza Dhanmandi, as described in Schedule A to the plaint, by a registered sale deed dated 14.6.65; that for the purpose of ingress to and egress from the said land he made an arrangement with his vendor for a passage 4ft wide commencing f...... that in that case the brick walls and other structures which were sought to be removed by means of mandatory injunction had been in existence from before the institution of the suit itself and the plaintiff of that suit was not therefore held to be entitled to a temporary injunction in a mandat..Category: Property Law | Date: | Hits: 31
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......eme Court Appellate Division (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Amal Krishna Chakrabarty being dead his heirs: Kali Das Chakrabarty and others ……………..Petitioners Vs. Sekendar Mallik b...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......ently from entering into the land in suit. It may be mentioned the appellate Court decreed the suit in part and thereupon modified the judgment and decree of the trial Court declaring title of the plaintiff in respect of 27 decimals of land of R.S. plot No. 205 and also confirmation of poss..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......d in: V ADC (2008) 54. ......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......, Comilla in Title Appeal No. 254 of 2000 reversing those of dated 19.9.2000 of the learned Senior Assistant Judge, Chandina, Comilla in Title Suit No. 28 of 1999 dismissing the suit. 2. The plaintiffs instituted the above suit seeking declaration of their title in the suit land on the ave..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......ioner & others, Comilla……………………..Respondents Judgment May7, 2006. Cases Referred To- Md. Afaz Uddin Mollah and others vs. Md. Maizuddin Shaikh, BCR 1983 (AD) 48. Lawyers Involved: &......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......rned Senior Assistant Judge, Comilla in Title Suit No. 121 of 1990 decreeing the suit. 2. The respondent instituted the above Title Suit No. 121 of 1990 praying for declaration that the plaintiff i.e. the Government of the People's Republic of Bangladesh, is the owner of the suit lan..Category: Property Law | Date: | Hits: 27
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ...... Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result: The petition is dismissed. Cases referred To- Abdur Rashim vs. Md. Rezauddin and others, 5 BLC (AD) 76; Md. Ashraf Ali and another vs. Fatiq Chandra Saha and others, 1983 BLD (A......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......- and he having paid a sum of Tk.95,000/-, on that very date as part performance of contract the vacant possession of the suit land along with title documents, khatians etc. were delivered to the plaintiff and since then the plaintiff, by constructing his residence and godown in the suit land, h..Category: Property Law | Date: | Hits: 39
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......in J Md. Tafazzul Islam J Atiqullah alias Atik ………………...Petitioner Vs. Mohammad Safiquddin being dead his heirs: Rashida Begum and others ...........Respondents Judgment August 23, 2006. Lawyers Involved: ...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ...... of Munsif (now Assistant Judge) Dhaka in Title Suit No. 577 of 1980 decreeing the same and thereby restraining defendants permanently from entering into the 'B' schedule land or to dispossess the plaintiff therefrom or to interfere with the possession of the plaintiff in the land shown in ..Category: Property Law | Date: | Hits: 26
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ...... ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......operative. 2. The suit was filed stating, inter alia, that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra Kumar Nath, father of the plaintiff and said Mohendra Kumar Nath entered into an agreement for sale of 26 decimals of land sh..Category: Property Law | Date: | Hits: 46
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
.... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ......t Appellate Division (Civil) Present Mohammad Fazlul Karim J Md. Joynul Abedin J Most. Rashida Khatun ..........Appellant Vs. Sakina Begum and others…....Respondents Judgment May 24, 2007. Lawyers Involved: ...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ......o. 321 of 1974 by the Subordinate Judge, 2nd Court, Chittagong reversing those dated 27.09.1974 in Other Suit No.55 of 1972 by the Munsif, North Raozan, Chittagong decreeing the suit. 2. The plaintiff-appellant instituted Other Suit No.55 of 1972 in the Court of the then Munsif at North R..Category: Property Law | Date: | Hits: 24
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ...... Supreme Court Appellate Division (Civil) Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Swapan Roy and others……………........Petitioners Vs. Shashadhar R......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......leave to appeal is directed against the judgment and order dated 09.04.2005 passed by a Single Bench of the High Court Division in Civil Revision No.6823 of 2003 discharging the Rule. 2. The plaintiffs instituted Title Suit No.10 of 1991 in the Court of Assistant Judge, Khulna for partitio..Category: Property Law | Date: | Hits: 23
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......t Appellate Division (Civil) Present Mohammad Fazlul Karim J Md. Joynul Abedin J Rahmat Ali being dead his following substituted heirs; Md. Abdur Rashid and others.……….. Petitioners Vs. Md. Abdul Gani and others ...........the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......2000 reversing those dated 14.06.2000 by the Senior Assistant Judge, Sadar, Pabna in Other Class Suit No. 68 of 2000 decreeing the suit in part in preliminary form. 2. Respondent Nos.1-13 as plaintiffs instituted Other Class Suit No. 1186 of 1987 in the Court of the Senior Assistant ..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......l Karin J MM. Ruhul Amin J Faiz Ahmed Chowdhury……………………....Plaintiff-petitioner. Vs. Alhaj Shamsul Huda Chowdhury and others ......Defendant-respondent Judgment May 14, 2007. Cases Referred T......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......n Civil Revision No. 3696 of 2004). Judgment Mohammad Fazlul Karim J.- Faiz Ahmed Chowdhury, plaintiff-petitioner seeks Leave to Appeal against the impugned judgment and order dated 15.05.2005..Category: Property Law | Date: | Hits: 38
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ......ADC (2008) 115. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ......g the appeal and reversing those of dated 30.01.2002 passed by the Joint District Judge, 1st Court, Rajshahi in other Class Suit No. 235 of 1983 decreeing the Suit. 2. Respondent Nos.1-6 as plaintiffs instituted other Class suit No. 235 of 83 in the Court of subordinate Judge, Rajsh..Category: Property Law | Date: | Hits: 27
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ...... Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not represented- the Respondent. Civil Appeal No. 03 of 2000 (From the judgment and order dated 29.11.1993 passed by the High Court Division in First Appeal No.238 of 1991). ......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......irst Appeal No.238 of 1991). Judgment Md. Joynul Abedin J.- This appeal by-leave by the plaintiff-appellant is from the judgment and decree dated 29.11.1993 passed by a Division Bench of ..Category: Property Law | Date: | Hits: 33
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......(Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, 2007. Case Referred......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ...... in T.A. No.113 of 1992 setting aside the judgment and decree passed by the learned Senior Assistant Judge, 2nd Court, Gazipur in T.S. No. 10 of 1992 decreeing the suit. 2. The appellant as plaintiff filed T.S. No. 78 of 1990 in the Court of the learned Senior Assistant Judge, Gazipur wh..Category: Property Law | Date: | Hits: 35
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......n Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) Judgment March 27, 2007. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-F......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ...... Waqf property. There was stipulation in the Waqf deed that after the death of Waqif Mendi Mia his wife Mogol Bibi would be the Mutwalli of the Estate. Accordingly, after the death of Mogol Bibi, the plaintiff became Mutwalli of the Waqf Estate. She maintained the property and incurred incidental ex..Category: Tenancy Law | Date: | Hits: 155
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Hazi Salahuddin and others.......Petitioners Vs. Zinnatan Nesa and others........Respondents Ju......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ...... of 2005. 2. The facts, leading to this petition, are that the respondent No. 1 as plaintiff instituted Title Suit No. 53 of 2004 in the Court of learned Joint District Judge, 1st Co..Category: Property Law | Date: | Hits: 24
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