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Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

.... judgment and order of the High Court Division dated 05-11-1998 in Writ Petition 5629 of 1996 discharging the Rule holding that the peti­tioner failed to prove by adducing any material that the case property, is not an abandoned property. 2. The appellant's case, in brief, is that the case land ...... Md. Hassan Ameen J Md. Harun-Or-Rashid…….........Appellant Vs. The Government of the People's Republic of Bangladesh, repre­sented by the Secretary, Ministry of Public Works, Dhaka and others………..........Respondents Judgment May 22, 2008. Lawyers Involved: Md. A..

Category: Tenancy Law | Date: | Hits: 155

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

.... suit, being no.22 of 1975, was filed for realization of rent of Tk. 1200/- and the same was decreed, that the defen­dant went on appeal and the same was allowed, that Mojibul Haque gifted the property in suit to the plaintiffs by a regis­tered heba deed dated 24.07.1979, that defendants......ppellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Joynul Abedin J Mostafa Kamal..........................Appellant Vs. Md. Nasir Ahmed and others. ......Respondents Judgment May 27, 2008. Case Referred To- ..

Category: Property Law | Date: | Hits: 23

Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)

.... of the lease deed in favour of writ petitioner and leave peti­tioner took place, the High Court Division was wrong in failing to hold that the writ petition raised complicated issue of title in the property in question as well as disput­ed question of fact which could not be decided in writ petit......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Major (Rtd) Quazi Hasna Hena Begum........Appellant Vs. Lt. Col. Kazi Mansurul Islam and others .........Respondents Judgment April 6, 2008. Case Referred To- Akhlasur Rahm..

Category: Property Law | Date: | Hits: 74

M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)

.... respondents as writ petitioners filed Writ Petition Nos. 5392 of 1996 and 576 of 1198 challenging the proceeding of Land Acquisition Case No.1 of 1990-91 in so far it relates to the acquisition of property of the writ petitioners of Mouza Ozar Bhanga, J.L.No.165, Police Station-Daudkandi, Comil......espondents (In Civil Appeal Nos.137-138 of 2000) Judgment August 8, 2008. Cases Referred To- Alauddin Khanker (Md.) Vs. Secretary, Ministry of Land and others, 4 BLC (AD) 25; Bangladesh Vs. Golam Azam 46 DLR (AD). Lawyers Involved:..

Category: Property Law | Date: | Hits: 42

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

.... and in virtue of the power conferred upon this Court by the Constitution of Bangladesh, vide Article 104, to do complete of justice in a case it is declared that Gannyson Limited is not an abandoned property, it should, therefore, be immediately released. Along with the release of Gannysons Limited...... 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonal..

Category: Criminal Law | Date: | Hits: 62

Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)

.... died unmarried leaving behind his sister, Asirunnessa as his heir and successor. Mukta Bibi also died leaving behind her daughter Asirunnessa as her heir while Asirunnessa was in possession of the property, the land was recorded in her name correctly. Asirunnessa died leav­ing behind her on......ate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Petition for Leave to Appeal No. 210 of 2006. (From the judgment and order dated 07.12.2005 passed by the High Court Division in Civil Revision No.3090 of 2001.) ..

Category: Property Law | Date: | Hits: 22

Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)

....ection. 2. The short fact is that the respondent Nos. 1-3 filed the said Writ Petition No. 2526 of 2006 on the averments that they are the legal heirs of late Md. Nurul Haque Patwary and the property measuring 32.71 decimals or .3271 ajutangsha described in the auction notice dated 14.3.2......sent: Mohammad Fazlul Karim J Md. Tafazzul Islam Md. Joynul Abedin J Md. Hassan Ameen J Janata Bank...................Petitioner Vs. Rezwanul Haque and others….....Respondents Judgment November 15, 2007. Lawyers Involved..

Category: Property Law | Date: | Hits: 19

Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)

.... Abdur Raquib, no kabala was executed or registered but subsequently in order to avoid any future complication, Haji Abdur Raquib by a registered deed dated 09.06.1989 admitted the sale of the said property in the year 1960 to the plaintiff and the plaintiff thus became the owner and possessor of...... Fazlul Karim J Md.Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Misbah Abedin..........Petitioner Vs. Muzmmil Ali and others…...... Respondents Judgment November15, 2007. Lawyers Inv..

Category: Property Law | Date: | Hits: 29

Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)

....writ petitioner. After the death of the allottee, the writ petitioner went to the Housing and Settlement Office, Chittagong for mutation of his name but the authority refused on the ground that the property was enlisted as abandoned property and published in the Bangladesh Gazette dated 28.04.19......t: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Mohammad Hossain ....................Petitioner Vs. Secretary, Ministry of Housing, Housing and Settlement Division, Bangladesh Secretariat, Dhaka & others ...................Respondents ..

Category: Property Law | Date: | Hits: 21

Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)

.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......, Advocate-on-Record-For the Appellant. Aynuddin, Advocate, instructed by Ataur Rahman, Advocate-on-Record-For the Respondent. Civil Appeal No. 27 of 2001. (From the judgment and order dated 22nd July, 1999 passed by the High Court  Division in Civil Revision No.1637 ..

Category: Property Law | Date: | Hits: 32

Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)

.....1950 respectively to Mokbul Hossain and his two brothers. Mokbul Hossain died leaving 6(six) sons, defen­dant Nos. 1-5 and the predecessor of defendant Nos. 6 and 7 and they inherit­ed the property of Mokbul Hossain. Total .95 acre of land has been recorded in the name of Mokbul Hossain...... Present: Md. Joynul Abedin J Md. Abdul Matin J Fazor Ali being dead his heirs: 1. Mst. Jahura Khatun & others ….......Petitioners Vs. Md. Marfat Ali and others ……………………….......Responden..

Category: Property Law | Date: | Hits: 24

Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)

....he share to the extent of 2 anas+1 ana 4 pies= 3 anas 4 pies. Harendra died leaving behind two paternal Uncle's son, the defendant Nos. 1-2 and one widow Charubala who has got life interest in the property left by her husband. Thereafter Charubala died and as such, the defendant Nos. 1-2 have in......44. ..

Category: Property Law | Date: | Hits: 23

AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)

....No. 40 of 1994 reversing the judgment and decree dated 2-11-1993 passed by the First Court of the learned Subordinate Judge, Dhaka in Title Suit No.18 of 1985 decreeing the suit declaring the suit property to have been purchased in the benami of the defendant (respondent No.1). The appellant as,......d JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Proc..

Category: Procedural Law | Date: | Hits: 173

Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)

.... was accordingly recorded in S.A. Khatian and R.S. Khatian. Chini Mia transferred .473 acres (mentioned in 'Ka' schedule) to the plaintiffs by a registered kabala dated 26.06.1979 who possessed the property through cultivation of vegetable in some portion and also erected a tin shed room in part......Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Shamima Akhtar.........................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January 31, 2007. Lawyers Involve..

Category: Property Law | Date: | Hits: 26

Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)

....to prove their auction purchase  and  on consideration of the evidence, both oral and documentary held, "The defendants totally failed to prove their alleged auction purchase of suit property. The defendant No. 2 also failed to prove her source of income, Minimum evidence as to so...... Appellate Division (Civil) Present: Md Ruhul Amin CJ  MM Ruhul Amin J    Md Abdul Matin J    Daliluddin Sheikh and others.........................Petitioners Vs Alek Sheikh alias Abdul Malek Sheik..

Category: Property Law | Date: | Hits: 32

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....d for even more than 12 years shall not constitute adverse possession as against other co-sharers. 12. It is held in the case of Abdul Jalil vs Khorshed Ali, 27 DLR (AD) 143, that if a joint property is recorded in the possession of one of the co-sharers, the effect of the record is that ......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not Represented—Respondent Nos. 2-8. Civil Appeal No.150 of 2004. (From the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997). ..

Category: Property Law | Date: | Hits: 42

Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)

....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ...... Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by the High Court Division in Civil Revision No. 4334 of 1998). ..

Category: Property Law | Date: | Hits: 20

Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)

....der dated 12-3-1994 of the 1st Court of Settlement passed in Settlement Case No. 920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case property, from the "Kha" list of abandoned buildings. 2. Facts, in brief, are that...... Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High Court Division in Writ Petition No. 848(B) of 2002). ..

Category: Property Law | Date: | Hits: 29

Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)

....it No. 105 of 1998 is not liable to be stayed when the plaintiffs of the Other Class Suit No.15 of 2004 will have the remedy under section 144 of the code of Civil Procedure for getting back their property if it is so held in their suit. 5. Being aggrieved the petitioner filed the present...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Miah Raja and others...........Petitioners Vs. Md. Ijab Uddin and others........Respondents ..

Category: Property Law | Date: | Hits: 22

Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)

....enant at a monthly rental of Tk. 150/- under the Dhakeshwari Cotton Mills Ltd. which was subjected to winding up process under the control and management of the Official Liquidator and ultimately the property vested in the Government and the liquidator has been taking steps to sell the suit property......For respondent No. 1. Syed M. Rahman, Advocate-on-Record-For respondent No. 2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1087 of 2005. (From the judgment and order dated 09.04.2005 passed by the High Court Division in Civil Revision No. 2906 of 1999). ..

Category: Tenancy Law | Date: | Hits: 148