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Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)

....consideration and have been created by false personification and for further declaration that through the aforesaid deeds no right, title and interest of the plaintiffs have been affected in the suit land stating, inter alia, that one Matang Moyee auction purchased 2(ka) schedule land' of the plaint......h Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by the High Court Division in Civil Revision No.2052 of 1996). Judgment MM Ruhu...... is directed against the judgment and order dated 14.07.1999 passed by a Single Bench of the High Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf kabala deeds...............Petitioners Vs. Lal Miah & another..........................Respondent Judgment: July 7, 2004. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chakladar, Advocate-on-Record-For the Petitioners. Har..

Category: Property Law | Date: | Hits: 34

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....ihamul Haque since deceased and others stating inter alia that they by kabala Nos. 1586, 1588, 1589 and 1600 dated 01.02.1974, 15.02.1974, 11.021974 and 14.02.1974 respectively purchased .54 acres of land appertaining to C.S. Plot No. 248 of C.S. khatian No. 235 corresponding to S.A. Khatian No.406 ......han and another..........Appellant (In Civil Appeal No.8 of 2005). Sree Mon Mohan Shaha and another .......Appellants (In Civil Appeal No.9 of 2005). Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others................Respondents (In both cases). Judgment June 30, 200......udicial Department, 17 DLR 451; Abdul Majid Bepari Vs. Kashem Ali Maloo, 27 DLR 1; Shanmughasundaram Filial Vs. Parvathi Ammal and another, AIR 1945 Madras 454; Order of the Holy Cross Vs. Lonnappan Thattil and another, AIR 1990 Kerala 215; Altaf Hossain and others Vs. Abdul Aziz Beoari and others, ......Order of the Holy Cross Vs. Lonnappan Thattil and another, AIR 1990 Kerala 215; Altaf Hossain and others Vs. Abdul Aziz Beoari and others, 47 DLR (AD) 106. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- F..

Category: Property Law | Date: | Hits: 43

M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)

....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......b Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed by the High Court Division in Writ Petition No.4219 of 2005.) Judgment &nb......respondent No.1, Sonali Bank, for realization of its outstanding loan amount of Tk.1,24,93,829.19/- being principle loan amount plus the accrued interest amount thereon contending, amongst others, that the defendant-petitioner hereof took loan for its salt business but failed to repay the same wi......Branch & others ......................Respondents Judgment March 9, 2009. Lawyers Involved: Sirajul Islam Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal..

Category: Civil Law | Date: | Hits: 136

Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....a and to pay off employees and for increasing the earning of the said Debattar property the Managing Sebayet Ranendra Nath Bose erected some sheds and kutchha rooms in the case plot No.65 and other lands and let out the same. In the eastern side of the case plot No.65 there was a walk way and one ......ocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1366 of 2008. (From the judgment and order dated the 5th day of June. 2008 passed by die High Court Division in Writ Petition No.3418 of 2008). Judgment Mohammad Fazlul......ent and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.3418 of 2008 rejecting the application for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose ....... Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 2009. Lawyers Involved: Md. Nurul Amin, Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Chowdhury..

Category: Tenancy Law | Date: | Hits: 214

A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)

.... 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Munsif, Khulna for declaration of title, recovery of possession of the suit land after demolishing the structures thereon and for mense profit and permanent injunction al...... This Case is also Reported in: VI ADC (2009)1006. ...... of 1999 reversing the judgment and decree dated 30.12.1978 passed by the learned Assistant Judge, Second Court, Khulna in Title Suit No.139 of 1973 decreeing the suit. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.139 of 1973 in the Second Court of Muns......titioners Vs. Gazi Safiqul Islam and others…................Respondents Judgment June 4, 2009. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to ..

Category: Property Law | Date: | Hits: 138

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....08, 309, 310 and 311 under Mouza Moillakanda, Thana-Gouripur, District-Mymensingh belonged to defendant No.1, Krishan Lal Agarwala. The defendant No.1 entered into an agreement for sale of the said land on 05.07.1970 with the plaintiff at a consideration of Tk. 75,000/- out of which Tk. 50,000/- w...... Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Enamul Huq and others…………………………Petitioners Vs. Bijoy Chandra Khasnabish and others………....Respondents Judgment December 15, 2008. Lawyers Involved: ......al is directed against the judgment and order dated 28.03.2007 passed by a Single Bench of the High Court Division in Civil Revision No.1406 of 2000 making the Rule absolute. 2. The short fact is that the suit property in Dag Nos.701, 700. 973 and 400 corresponding to Khatian Nos. 127, 222, 307......nd others…………………………Petitioners Vs. Bijoy Chandra Khasnabish and others………....Respondents Judgment December 15, 2008. Lawyers Involved: M. Amirul Islam, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. M. H. Kh..

Category: Limitation Law | Date: | Hits: 255

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....ase, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 2004 in the Court of Assistant Judge, Chakaria, Cox's Bazar praying for simple declaration of title over the suit land as more fully described in the schedule of the plaint impleading the defendant Nos.1-6. The ac......No. 1. Not represented-Respondent Nos. 2-65. Civil Petition for Leave to Appeal No. 237 of 2006. (From the judgment and order dated the 15th day of December, 2005 passed by the High Court Division in Civil Rule No. 251(FM) of 2005). Judgment &...... Vs. Hazi Md. Rezaul Karim and others................Respondents Judgment January 20, 2009. Lawyers Involved: N.K. Saha, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For R......ellip;……Petitioners Vs. Hazi Md. Rezaul Karim and others................Respondents Judgment January 20, 2009. Lawyers Involved: N.K. Saha, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. A.K.M. ..

Category: Property Law | Date: | Hits: 88

Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)

.... No. 103 of 1996 decreeing the suit. 2. The facts of the cases, in short, are that Babu Shailendra Kumar Purkayestha and Nogendra Kumar Purkayestha were mirasdars and owners of the suit land and the plaintiff took jote settlement of the suit land from them before the commencement of t......n No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Dutta and others….........Respondents (In both the cases) Judgment March 11, 2009. Lawyers Involved: Mvi. Md. Wahidullah, A......e Assistant Judge, Sylhet Sadar, Sylhet in Title Suit No. 17 of 1996 heard analogously with Title Suit No. 103 of 1996 decreeing the suit. 2. The facts of the cases, in short, are that Babu Shailendra Kumar Purkayestha and Nogendra Kumar Purkayestha were mirasdars and owners of t...... Vs. Niranajan Dutta and others….........Respondents (In both the cases) Judgment March 11, 2009. Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner (In both the cases) T. H. Khan, Senior Advocate, instructed by Md. Ab..

Category: Property Law | Date: | Hits: 132

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....spondent No.3 of the leave petition. The suit, was for a decree for permanent injunction restraining the said defendants from interfering with the peaceful possession of the plaintiffs of the suit land. 4. The facts relevant are that the plaintiffs' father Nosibullah was the admitted own......r Leave to Appeal No. 241 of 2008. (From the judgment and order dated 31.10.2007 passed by the High Court Division in Civil Revision No.3906 of 1997.) Judgment &n...... suit, was for a decree for permanent injunction restraining the said defendants from interfering with the peaceful possession of the plaintiffs of the suit land. 4. The facts relevant are that the plaintiffs' father Nosibullah was the admitted owner of the suit land and said Nosibullah ......p;……….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 2009. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Shorfu..

Category: Property Law | Date: | Hits: 158

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....ge, 2nd Court, Chandpur, decreeing the same. 2. The appellant Nos.1-3 and respondent No.56 as plaintiffs instituted the aforesaid Partition Suit No.113 of 1994 for partition alleging that the suit land measuring 0.36 acres of C.S. Khatian No.341, S.A. Khatian No.347 of Mouza 418 Kherighar formerl......�……………. Appellants. Vs. Jiban Nessa and others……………………………….. Respondents. Judgment June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdic......s also Reported in:62 DLR (AD) (2010) 239. ......�…………………. Appellants. Vs. Jiban Nessa and others……………………………….. Respondents. Judgment June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional ju..

Category: Procedural Law | Date: | Hits: 105

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....ords show that before the High Court Division both the learned advocates for the petitioners as well as Agrani Bank, the respondent No.2 submitted that the auctioned property comprises 5 kathas of land situated at the Indira Road Dhaka with a multi-storied building situated thereon and the actua......nbsp; Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 4.12.2007 of the High Court Division passed in Writ Petition No.5344 of 2005 disposing of the Rule directing the learned Judge of the Art...... at the rate of 12%, on the amount of money which the respondent No.3 deposited in the Court with effect from the date of deposit, and also providing default clause. 2. Facts, in brief, are that Agrani Bank, the respondent No. 2 filed Title Suit No.227 of 1991 in the Artha Rin Adalat No.1......2009) 306. ..

Category: Civil Law | Date: | Hits: 191

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....1st Court, Kishoregonj decreeing the Partition Suit No. 51 of 1990 in preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Settlement Khatian No.2352. He remaining as the owner in possession in the said land,......This Case is also Reported in: 17 BLT (AD) (2009) 303. ......thereby affirming those dated 24.11.1996 of Subordinate Judge,1st Court, Kishoregonj decreeing the Partition Suit No. 51 of 1990 in preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Settlement Khatian No.23......ra Banik and others……......Respondents Judgment June 5, 2008. Lawyers Involved: Tabarak Hossain, Advocate instructed by Mrs. Sufia Khantun, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. ..

Category: Property Law | Date: | Hits: 99

Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)

....t Nos. 1-4 (petitioners) are illegal, fraudulent, not acted upon and the plaintiffs are not bound by those deeds. 3. The plaintiffs' case, in brief, is that Badruzzaman was the owner of suit land. He sold 'Ga' schedule land on 24.11.1978 to his daughter Mahsuma Khatun and that Badruzzaman ...... Vs. Md. Musa and others………………………Respondents Judgment August 22, 2007. Lawyers Involved: J. B. M. Hassan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. A ......llip;…………………Respondents Judgment August 22, 2007. Lawyers Involved: J. B. M. Hassan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. A .J. Mohammad Ali, Senior Advocate, instruct......hellip;…………Respondents Judgment August 22, 2007. Lawyers Involved: J. B. M. Hassan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. A .J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, A..

Category: Property Law | Date: | Hits: 92

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

....ing to these petitions, in short, are that the respondent Nos.1-3 as plaintiffs filed Title Suit No.179 of 1993 in the Court of the Senior Assistant Judge, Sadar, Jessore for partition to the suit land alleging, inter alia, that the suit land belonged to Danu Moral before C.S. operation, who mar......…………………Petitioners (In Civil Petition No.750 of 2008) Vs. Mr. Abdur Razzaque and others……......Respondents (In both the cases) Judgment March 9, 2009. Lawyers Involved: Arun Kumar Bhathacharjee......No.750 of 2008) Vs. Mr. Abdur Razzaque and others……......Respondents (In both the cases) Judgment March 9, 2009. Lawyers Involved: Arun Kumar Bhathacharjee, Advocate (Appeared with the leave of the Court), instructed by Bivash Chandra Biswas,...... Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Sakat Ali Gazi and others..................Petitioners (In Civil Petition No.749 of 2008) Mozahar Moral and others……………………Petitioners (In Civi..

Category: Property Law | Date: | Hits: 90

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

.... Title Suit No. 71 of 1983 before the learned Subordinate Judge (now Joint District Judge), 1st Court. Mymensingh for partition and declaration of title and recovery of khas possession of the suit land described in the schedule of the plaint against the respondents and after filing the suit summ......me Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Mymensingh Pourashava, Mymensingh………………....Petitioner Vs. K......996 passed by the learned subordinate Judge (now Joint District Judge), 1st Court, Mymensingh in Miscellaneous Case No. 123 of 1993 dismissing the same. 2. Facts of the case, in short, are that, the predecessor of the plaintiff-respondent instituted Title Suit No. 71 of 1983 before the le............Respondents Judgment March 11, 2009. Lawyers Involved: Md. Omar Ali Khan, Advocate (Appeared with the leave of the Court), instructed by Nurul Islam, Advocate-on-Record- For the Petitioner. Not represented- The Respondents. Civil Petition for leave t..

Category: Procedural Law | Date: | Hits: 143

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....t all during his illness. Defendant No.9 in collusion with defendant No.1 and others fraudulently created a Wasiatnama in favour of defendant Nos.1-3 in the name Abdul Hakim Chowdhury for the suit land on 1.11.1962 without the consent and knowledge of other heirs including the plaintiff who came......ocate-on-Record- For respondent No.1. Not represented- Respondent Nos.2-56 Civil Petition for Leave to Appeal No. 280 of 1995 (From the judgment and order dated 6TH December, 1994 passed by the High Court Division in First Appeal No.71 of 1979). Order &......ppeal No.71 of 1979). Order Mohammad Fazlul Karim, J.- Defendant in a suit for declaration of title, partition and declaration that Wasiatnama dated 1.11.1962 and settlement nama dated 6.11.1968 executed by Abdul Hakim Chowdhur......jahan Chowdhury and others……..Respondents Judgment May 22, 2001. Lawyers Involved: Abdur Razzak, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Md. Sajadul Huq, Advocate-on-Record- For respondent No.1. No..

Category: Property Law | Date: | Hits: 97

Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)

....tor filed Miscellaneous Case No.1 of 1981 in the court of the learned Munsif, Patuakhali and it was subsequently renumbered on transfer as Miscellaneous Case No.91 of 1983 for pre-emption of the case land measuring 79 decimals out of 2.26 acres of land under section 96 of the State Acquisition and T......d. Zahirul Islam, Advocate-on-Record-For the Petitioners Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 116 of 2008. (From the judgment and order dated 12.9.2007 passed by the High Court Division in Civil Revision No. 84 of 1990.) Judgment Md. Joynul Abedi......ption of the case land measuring 79 decimals out of 2.26 acres of land under section 96 of the State Acquisition and Tenancy Act which was sold by the kabala deed dated 27.1.1973 on the allegation that she is a co-sharer in the case holding by inheritance being one of the heirs of Torap Ali. Torap....................Respondents Judgment April 22, 2009. Result: The petition is dismissed. Lawyers Involved: A.Q.M. Shafiullah, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners Not Represented- the Respondents. Civil Petition for Leave to Appeal ..

Category: Property Law | Date: | Hits: 61

Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)

....re-emptors filed Miscellaneous case No.1 of 2000 in the Court of Senior Assistant Judge, Munshigonj against the petitioners and the opposite party Nos. 4-19 praying for pre-emption of the case land under section 96 of the state Acquisition and Tenancy Act alleging, inter alia, that the pre-e......vocate-on-Record-For the petitioners. Not represented-For Respondents. Civil Petition for Leave to Appeal No.1328 of 2007. (From the judgment and order dated 30th April, 2007 passed by the High Court Division in Civil Revision No.3266 of 2002) Judgment &n......nd order dated 30th April, 2007 passed by the High Court Division in civil Revision No. 3266 of 2002 discharging the Rule. 2. Short facts as placed before the High Court Division are that the pre-emptors filed Miscellaneous case No.1 of 2000 in the Court of Senior Assistant Judge, ...........Respondents Judgment December 15, 2008. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the petitioners. Not represented-For Respondents. Civil Petition for Leave to..

Category: Property Law | Date: | Hits: 44

Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)

.... respondent to break his house and take it back by 3 feet inside his compound. 3. The case of the present petitioner as plaintiff, in brief, is that on 03.12.1974 she had purchased her said land from one Kasiruddin and within year she constructed thereon a one storied building. Subse...... Not represented-The Respondent (In Civil Petition No. 514 of 2007). Civil Petition for Leave to Appeal Nos. 354 and 514 of 2007. (From the judgment and order dated 08.01.2002 passed by the High Court Division in Civil Revision Nos. 1214 and 1213 of 1994.) Judgment ......directed against the judgment and order dated 08.01.2002 passed by the High Court Division in Civil Revision Nos. 1214 and 1213 of 1994 making the Rule absolute. 2. The facts, in short, are that the present petitioner as plaintiff filed other Class Suit No.118 of 1989 which was renumbered......bsp; July 7, 2008. Lawyers Involved: A. Y. Moshiuzzaman, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the petitioner (In (In Civil Petition No. 354 of 2007). Fariduddin Md. Reza, Advoca..

Category: Property Law | Date: | Hits: 87

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

....ourt of Assistant Judge, Chittagong, Sadar in other suit No. 12 of 1990 dismissing the same. The suit was filed seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter ......; Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institute, through Head Master & Secretary Ahmed Ullah Faruqui........Respondent Judgment &......iled seeking eviction of the licensee/permissive possessor and for khas possession, of the land described in the schedule attached to the plaint. 2. The suit was filed stating, inter alia, that the land in suit belonged to Yakub Ali Dobhash and others and they settled the land in suit on ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Ins..

Category: Property Law | Date: | Hits: 82

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