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Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....ge, Cox’s Bazar. The Suit for permanent injunction is essentially a suit for possession upon a finding of possession of the plaintiff, no matter what is the nature or character of title to the suit land. In the instant case, plaintiff's suit for declaration of title and partition would surly be no......cost. Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ..Category: Procedural Law | Date: | Hits: 38
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ssees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ..Category: Property Law | Date: | Hits: 32
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....in the court of Assistant Judge, Kazipur within the district of Sirajganj. 2. The plaintiff brought the suit against several defendants to have his title declared in respect of certain land measuring 2.59 acres fully described in the schedule to the plaint. This land originally belon............................Appellant Vs. Bahatan Nessa Bewa and others........Respondents Judgment January 29, 1997. Lawyers Involved: Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant. Akram Hossain Amin,......order of remand 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) 195. ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....udge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedule property" including plot No. 759 bearing an area of .35 arces in Mouza M...... ATM Afazal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ......................s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..Category: Property Law | Date: | Hits: 27
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....ule under the schedule 'ka of the plaint is null and void and not binding upon him. Her case was that the suit property originally belonged to Ali Amjad and Syed Ali who transferred 16 acre of land in Plot No. 546 to Bakhar Ali Molla husband of the plaintiff and predecessor of others who sol......aid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land but delayed the execution of the deed on different pleas and died leaving behind the defendant......High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....e No. 818/1983-84 and the kabala claimed in the said Miscellaneous case is, void, illegal, forged, fictitious and for permanent injunction restraining the defendant from entering into the suit land and disturbing the plaintiff's peaceful possession in the suit property contending, inte...... the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ..Category: Property Law | Date: | Hits: 37
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
..... Briefly stated the facts are these. In order to build the Kurmitola International Airport in Dhaka the Deputy Commissioner, Dhaka initiated L.A. Case No. 110 of 1965-66 respecting 46.92 acres of land of Mouza Faydabad including the disputed plot Nos. 1311, 1312, 1313, 1314, 1315, 1323, 1326, 1......J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..Category: Property Law | Date: | Hits: 28
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
....espondents is that though the post of Kanungo was upgraded to the second class gazetted post, the Ministry of Finance did not give effect to the proposed pay scale. In the meantime, the Ministry of land invited applications for appointing 106 Kanungos instead of implementing the decision of upgra......n: II ADC (2005) 87. ...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
.... dated 1.12.1997 issued by the respondent No. 10 herein the Assistant Commissioner of Settlement Ministry of Housing and Public Works Government of Bangladesh cancelling the lease deed of the case land to the predecessor of respondent Nos. 1-7 Abul Hashem Khan and the order contained in Memo No....... 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..Category: Property Law | Date: | Hits: 30
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....fendant Sukada as the only heir of her father Probodh Chandra. (d) Exhibit-"C" rent receipts which contain the khatian number and Plot No. 7066 measuring .08 decimal of land as mentioned in the schedule of the plaint. (e) Misread and misconstrued the docu..........Appellant Vs. Pran Hari Gope...........................Respondents Judgment March 20, 2004. Lawyers Involved: Mohammad Ozair Farrooq, Senior Advocate, instructed by Mvi. Md. Wahidullh, Advocate-on-Record - For the Appellant. Subrate Chowdhury,......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....le. 3. The defendant contested the suit by filing written statement denying all the material allegations made in the plaint and contended, inter alia, that defendant Nos. 4-5 exchanged their land with the land of the plaintiffs for convenience of mutual possession by a deed of exchan......allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....e mother of the minors was appointed their guardian. On mortgaging the property loan was obtained from the House Building Finance Corporation and the heirs of S.K. Rezvi constructed building in the land got by lease. The Respondent No. 4 entered into an agreement with the Respondent No. 1 herein t......eview petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....mpur within P.S. Dhaka Cantonment. It was, inter alia, stated in the plaint that the schedule property originally belonged to Md. Azimuddin, father of the plaintiff who had acquired .33 decimals of land from the disputed Plot No. 243 in a partition suit being Title Suit No. 46 of 1954 of the......sts. Ed. This Case is also Reported in: II ADC (2005) 30. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....dated 15.2.1968 wherein the lessee constructed a structure and mutated his name in the Government Sherestha. On the basis of deed of agreement dated 21.6.1976 respondent agreed to purchase the said land and an amount of Tk. 8,500/- was paid as advance out of total consideration of Tk. 9,000/...... order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
.... record. 2. Plaintiff-appellant Khairunnessa instituted Title Suit No. 143 of 1982 in the Court of the Subordinate Judge, 4th Court, Dhaka for declaration of her title in the suit land being 26 decimals out of 30 decimals land of the suit plot and for permanent injunction r......estored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....and registered on 26 of August, 1960 between late Md. Serajuddin and the Ministry of Works leasing the property situated at 156 and 157, Motijheel Commercial Area, Dhaka, comprising of 18 Kathas of land in his favour and then late Md. Serajuddin, with the permission of the Rajuk, constructed a b......pondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....er under Section 63 of the Union Parishad Manual; that the respondent No. 1 approved Sukhdeb Nagar and Khalish Mouza under the representation of respondent No. 4 which is a ditch and low lying land and not at all eligible for selection in any way under the instruction of the circular a......lso Reported in: VI ADC (2009) 297. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..Category: Others | Date: | Hits: 87
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....te Judge, Bagerhat for declaration of the Title confirmation of possession and for permanent injunction against the petitioners and defendants opposite parties alleging, inter alia, that the original land of the plaintiffs under R.S. and S.A. khatian is situated on the eastern side of the river Balo......petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....nies Act, 1913 and is a recognized company and it had got commendable certificate from the Government as a foreign exchange earner and also got President's Medal and it is stated that the suit land originally belonged to a company which was a British Company incorporated in London as "R...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J ......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
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