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Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

.... 1/3 share. Dil Mohammad subsequently died issue less leaving behind his sister Kadbanu who inherited the share of her brother Dil Mohammad and while in possession she mortgaged the 'Kha' schedule property by a registered deed dated 31.08.1936 in favour of one Yasin Khan. Kadbanu Bewa died befo......itle Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka for a decree for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, Nawabganj, Dhaka and was renumbered as Title Suit No.132 of 1997. The plaintiffs alleged that the suit land, as desc..

Category: Property Law | Date: | Hits: 41

People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)

....e. 2. Short facts are that the plaintiffs instituted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint District Judge, Chittagong on 03.06.2003 praying for declaration of title in the suit property. The defendant No. 9 was subsequently impleaded in the suit. The said defendant began to in...... Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 08.02.2006 passed by a Full Bench of the High Court Division in Civil Revision No. 1..

Category: Limitation Law | Date: | Hits: 171

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....nder mouza Dharmapur within P.S.Kotwali Dis­trict Comilla, measuring 67 decimals of land originally belonged to one Kamini Kumar Roy Chowdhury, who died leaving behind 5(five) sons who inherited the property in equal shares. Late Kamini Kumar Roy Chowdhury took loan from Comilla Co­operative Bank ......A.J. Mohammad Ali, Senior Advo­cate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 269 of 2003. (From the judgment and order dated 21.10.2001 passed by the High Court Division in Civil Revision No. 1874 of 1993). ..

Category: Tenancy Law | Date: | Hits: 141

Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)

....aining is over as it appears from the related provisions of direct recruitment in the petitioner's post envisaged in the Police Regulation of Bengal which the Administrative Tribunal correctly and property construed and arrived at correct finding that no competent authority took action against t...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J  Md. Tafazzul Islam J Md. Hassan Ameen J  Khandkar Md. Mizanur Rahman Hira........................Petitioner Vs. Government of the..

Category: Employment/Service Law | Date: | Hits: 91

Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....la­desh on the 1st August, 2001 and went to Sylhet to see his ancestral house and to renovate it and to reside there at the end of his life, and to his utter surprise he came to learn that the property has been declared as enemy property, now vested and non-resident property and the Governme...... Present: Md. Fazlul Karim J    Md. Tafazzul Islam J  Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J  Achyutananda Das...........................................Petitioner Vs. Government of Bang..

Category: Property Law | Date: | Hits: 54

Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....ner is directed against the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001 discharging the Rule and refusing to declare that inclusion of the property in question in the 'Ka' list of abandoned properties appeared at Serial No. 190 in the ga....... Government of Bangladesh...................Respondents Judgment  November 15, 2007. Civil Petition for Leave to Appeal No. 1559 of 2005. (From the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001). ..

Category: Property Law | Date: | Hits: 23

Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)

....eing the suit. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and also for declaration that the decree dated 17-5-1971 passed in Title Suit No. 94 of 1...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J    Md. Abdul Matin J Morium Begum and others.........Petitioners Vs. Durga Matha and others............Respondents ..

Category: Property Law | Date: | Hits: 26

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....istant Judge, Manikgonj in Title Suit No. 60 of 2001. 2. The respondent filed the suit for perma­nent injunction restraining the petitioners from dispossessing him forcibly from the suit property and of taking any possession thereof and also from disturbing him with his peaceful posses......Mudassir Husain CJ             Mohammad Fazlul Karim J A Kabir Chowdhury J Md. Joynul Abedin J Abdul Baki and others..................Petitioners Vs. Farooque Ahmed………&he..

Category: Property Law | Date: | Hits: 25

Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)

....1994 of the 1st Court of Settlement, Dhaka in Case No.145 of 1989 (kha-129), in respect of the House No. E/2,3rd Colony, Mirpur/Dhaka dismissing the same and thereby maintaining the listing of the property in question as abandoned property. It may be mentioned the property has been listed in the......   Md. Tafazzul Islam J  Md. Hassan Ameen J Md. Fazlur Rahman.................Petitioner Vs. Chairman, First Court of Settlement, Bangladesh Abandoned Buildings and another ……………………Respon..

Category: Property Law | Date: | Hits: 21

AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)

....nd the bank gave a loan of Taka 1,40,00,000 only to the company and as additional security against the above loan the respondent No. 8, the full sister of the petitioner, apart from mortgaging her property in favour of the bank also gave power to the bank to sell the same and the company repaid ...... Ruhul Amin CJ MM Ruhul Amin J  Md. Tafazzul Islam J Md. Abdul Matin J AQM Shah Alam Chowdhury..........................Petitioner Vs. Bangladesh and ors.......................................Respondents Judgment October 29, 2007...

Category: Civil Law | Date: | Hits: 103

Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)

..... Short facts are, that the plaintiffs insti­tuted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint District Judge, Chittagong on 3-6-2003 praying for declaration of title in the suit property. The defendant No. 9 was subse­quently impleaded in the suit. The said defendant began...... Fazlul Karim J MM Ruhul Amin J  Md. JoynulAbedinJ Md. Abdul Matin J Bangladesh................................. Petitioner Vs. AHM Khurshed Ali and others...............................Respondents Judgment April 10, 2008. ..

Category: Civil Law | Date: | Hits: 77

Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)

....the Petitioner has locus standi to file the Suit No. 20/93 at present Suit No. 217/03, Suit No. 21/93 at present Suit No. 216/03 and Suit No. 35/93 at present Suit No. 215/03 stating that the suit property is a debotter which is not alienable transferable according to Hindu Law and came to a wro...... Vs. Mozaharul Islam Chowdhury………………………..Respondent Judgment February 4, 2008. Lawyers Involved: Harandra Nath Nandi, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petition..

Category: Civil Law | Date: | Hits: 100

Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)

....ld only be acquired under Ordinance II of 1982 on payment of compensation provides by the said law. 5. The High Court Division made the Rule absolute upon observing "So it appears that unless the property is requisitioned under section 3 of the Act it can not be acquired without the proposal of ......lso Reported in: 16 BLT (AD) (2008) 190. ..

Category: Property Law | Date: | Hits: 31

Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)

....d that the case was filed over an occurrence of 1971 after lapse of about 25 years and the petitioner alleged that the same is the product of ill motive and to harass because of social rivalry and property dispute existing between the parties but the fact of filing of the case after a lapse of 2......Criminal) Present: Md. Ruhul Amin J Mohammed Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Afzal Hossain Biswas and others…………................Petitioners Vs. Mst. Khode..

Category: Criminal Law | Date: | Hits: 35

Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)

.... Act, 1957 (the Act) can only be issued when the Government is satisfied, that there is reason to believe that a person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income and then the Government may require such p...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and others……….Petitioners Vs. Shahadat Hossain……&he..

Category: Criminal Law | Date: | Hits: 29

Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)

.... the lessee in his petition whereupon the miscellaneous cases were registered. It was the case of the landlord that the miscellaneous cases were barred under section 19(1) of the Ordinance, that the property wherein the petitioner is a tenant is a waqf property of the Waqf Estate created in 1916, ......         Md. Ruhul Amin J. - These three leave petitions have been filed against the common judgment dated October 26, 2003 in Civil Revision Nos. 3748, 3747 and 3754 of 1994 making the Rules absolute upon setting aside the judgment and order passed in Misc..

Category: Civil Law | Date: | Hits: 104

Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)

....y rejected the same. 4. The learned counsel for the defendant No.2/petitioner submitted that the High Court Division erred in law in not considering that in Ext.Ga the value of the mortgaged property was shown at Tk. 33, 50,000/- whereas the loan amount was to the tune of Tk.20,90,804/- an......fazzul Islam J Md. Abdul Matin J Dr. S.M. Yunus Ali…………………………..Petitioner Vs. Joint District Judge and Artha Rin Adalat & another……………………&..

Category: Civil Law | Date: | Hits: 91

Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)

....ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......structed by Firoj Shah, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.1092 of 2004. (From the judgment and order dated 27.04.2004 passed by a Single Bench of the High Court Division in Civil Revision N..

Category: Property Law | Date: | Hits: 26

DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)

....t Bichanti Ferangi's 2nd wife died leaving him the only heir, that Bichanti Ferangi married one Niroda Gomes, that Bichanti Ferangi appointed Harendra Chandra Pal as his attorney to look after his property but the record of right was wrongly prepared in the name of Harendra's nears and dears i.e......8) 142. ..

Category: Property Law | Date: | Hits: 22

Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)

....me Affairs directing the Police Commissioner, Metropolitan Police, Dhaka to handover possession of the building in Plot No. C.W.N. (B3), Road No.115, holding No.124, Gulshan Avenue (hereinafter the property) wherein the Gulshan Police Station was at that time located to one Nazrul Islam, attorne...... J M. M. Ruhul Amin J Md. Tafazzul Islam J Mohammad Nurul Huda………………………Petitioner Vs. Iqbal Anwar and others………………………Respondents ..

Category: Property Law | Date: | Hits: 28