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Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)

....Nangalkot was fraudulent and as such liable to be set aside. 2. It was the case of the plaintiffs that certain Elahi Baksha had interest to the extent of 8 annas 6 gondas and 2 karas in the property described in the schedule 1 by inheritance from his mother and Elahi Baksha died leaving 2......Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Serajul Hoque Majumder.....Petitioner Vs. Bachchu Mia Mojumder and others....Respondents Judgment August 20, 2006. Lawyers Involved: Shaha..

Category: Property Law | Date: | Hits: 23

Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....ullah, father of the petitioners and then Sonaullah in Agrahayan 1362 B.S, executed and registered a kabuliat in favour of Nagendra Bala; after the death of Sonaullah the petitioners inherited the property left by Sonaullah; the defendant No.1 on 15th Kartic 1394 B.S, on the basis of the record ...... Case is also Reported in: IV ADC (2007) 964. ..

Category: Property Law | Date: | Hits: 30

Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)

....ing written objection stating, inter alia, that Sayeda Banu transferred the land in suit to one Haji Md. Aslam by the registered deed dated January 30, 1961, that Haji Md. Aslam purchased the other property from Sayeda Banu by the kabala dated  November 11, 1963 and possessed the same by es......so Reported in: IV ADC (2007) 961. ..

Category: Property Law | Date: | Hits: 29

Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)

....at inadvertently Hanif s share was not correctly shown in the C.S. khatian and wrongly Golam Ali's son's name was entered into the C.S. record although he had no posses­sion in any part of the property sought to be partitioned, that by successive devo­lutions heirs of Skuhi Bibi got some...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Abed Ali being dead represented by his heirs:Abul Hossain and others..........Petitioners (In all cases) Vs. Sona Mian and others................

Category: Property Law | Date: | Hits: 19

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....ten statement denying the material allegations made by the peti­tioner. His case was that the suit was barred by limitation and was bad for defect of parties. His further case was that the suit property orginally belonged to Kalidas Mukherjee and C.S. khatian No. 82 stood in his name. Kalidas......ad Fazlul Karim J Amirul Kabir Chowdhury J Shaikh Md. Asad Hossain...........Appellant Vs. Maulana Md. Abdur Razzaque Chisty being dead his heirs: 1. Mommat Hasina Begum and others...........Respondents Judgment August 26, 2005. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 24

Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)

....Khatian No. 710 stating, inter alia, that 12 acres of land in C.S. Khatian No. 710 belonged to one Khabir Uddin after whose death his son Mofizul Hoque and two daughters and one wife inherited the property and in view of subsequent transfers Morium Bibi wife of Khabir Uddin inherited 70 decimals...... Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-6 (In both the cases). Not represented - Respondent Nos. 7-39 (In both the cases). Civil Petition for Leave to Appeal Nos.1259 and 1260 of 2004. (From the judgment and order dated 27.07.2004 passed by the High Court Divi..

Category: Property Law | Date: | Hits: 24

Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)

....d 3 of Section 3 of the Hindu Womens Rights to the Property Act (XVIII of 1937) it clearly appears that during the period of her life time a Hindu widow is a complete owner and co-sharer of any property or holding in question with the right to claim par­tition and consequently having the...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bulmayee Barmani alias Srimati Bulmayee Barmani and another.........Petitioners Vs. Sree Madhuram Barman and another.....Respondents ..

Category: Property Law | Date: | Hits: 67

S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)

....lease of the Writ Petitioner in Plot No. 5A, Road No. 96 of Gulshan Model Town and dispossess­ing him from the said plot or to make any hindrance to the enjoyment by the writ-petitioner of the property. 6. In three writ petitions the case of the writ petitioners is that they are bonaf...... of 2006) Vs. Rajdhani Unnayan Katripakha & another.............Respondents (In both the cases) Judgment April 22, 2007. Lawyers Involved: Dr. M. Zahir and Ozair Farooq, Senior Advocates (Abdus Samad, Senior Advocate with him) instructed by Aftab Hoss..

Category: Property Law | Date: | Hits: 46

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

.... immovable assets of the proforma respondent No.3. Yet, the respondent No. 2 filed the suit as a money suit and omitted 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 ...... 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 ..

Category: Civil Law | Date: | Hits: 96

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

.... 2. The facts, in short, are that the respondent Nos.1 to 3 daughters and son of late Md. Akhtar and late Most. Badrunnessa, filed Settlement Case No. 450 of 1987 challenging the inclusion of the property at 32/4, Sher Shah Suri Road within Block-'D' of the Mohammadpur Housing Estate, Dhaka in ......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh rep­resented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents ..

Category: Property Law | Date: | Hits: 22

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....as power to issue mandatory injunction in ad interim form was accepted but it was held that such a power was rarely exercised and could be used only when there was an imminent grave danger to life or property or for the purpose of restoring or maintaining status quo, relying upon a decision of the C......sif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..

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..

Category: Property Law | Date: | Hits: 21

Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)

.... the Rule. 5. The learned counsel appearing for the defendant petitioners submits that the High Court Division failed to consider that Dud Miah, by exhibit-Gha series, transferred his entire property and so the plaintiff respondents, being purchasers from Dud Miah, were not entitled to a ......d in: V ADC (2008) 54. ..

Category: Property Law | Date: | Hits: 19

Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)

....ied there leaving behind no issue; one Syed Md. Barek, the predecessor of defen­dant No.1, was staying in the said "Faruki House" with his family and G.M. Faruki did not transfer any property to the said Syed Md. Barek; according to the provi­sions of the State Acquisition and ......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:   &..

Category: Property Law | Date: | Hits: 27

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....a, that the alleged agreement for sale dated 30.8.1947 is forged and fabricated; the original owners Surendra and Dijendra having left for India in the year 1965 the suit land, at first, became enemy property and subsequently became vested property and government had been possessing the suit land by...... 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..

Category: Property Law | Date: | Hits: 39

Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)

.... it was found that there was no old road. The High Court Division also found that both the courts below concurrently held that the plaintiffs could establish their right, title and interest in the property and further the report of the Advocate Commissioner, Ext.3, which formed part of the judgm...... ADC (2008) 40. ..

Category: Property Law | Date: | Hits: 37

Nantu Vs. State, 2007, 36 CLC (AD)

.... 11.30 A. M. 09-08-1996 against 23 persons for the offence under Sections 147/148/149/342/326/307 and 364 of the Penal Code, alleging, inter-alia, that her husband had enmity with them over landed property in Charbaria. She alleged that on the previous evening at about 8 P.M. brother, Alauddin a......, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 338 of 2006. (From the judgment and order dated 21st August, 2005 passed by the High Court Division in Criminal Appeal No. 2057 of..

Category: Criminal Law | Date: | Hits: 37

Malek Gharami Vs. State, 2007, 36 CLC (AD)

....arami upon cutting the rope tried to bring down the dead body then the same had fallen in the 'khal' and that on examining found Tanjila Khatun dead, that as the accused persons on purchasing Hindu property came at the locality and as such as they had no relative near about the house they stayed,......p;            Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 167 of 2004. (From the Judgment and Order dated April 19, 2003 passed by the High Court Division in Criminal Appeal No.901 of 1998..

Category: Criminal Law | Date: | Hits: 38

Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)

....staying all further proceedings of the said execution case till the disposal of his Partition Suit No. 97 of 2000 pending in the 1st Court of Subordinate Judge, Chittagong in respects of the suit property. The learned Subordinate Judge by order dated 28.8.2000 rejected the said application. The....... Mahbub Hossain ……………………………….........Respondent (In Civil Petition No. 1365 of 2003) Mahbub Hossain and others…………….........Respondents (In Civil Petition No. 331 o..

Category: Civil Law | Date: | Hits: 88

Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)

.... vide Exhibit-3 and that Siddique Ahmed Chowdhury obtained possession and pos­sessed for 7 years and then sold to Sarfunnessa by a registered kabala dated 22.03.1911 Exhibit-2(c). But the suit property was mortgaged in favour of one Abdul Hoque by a registered deed of mortgage dated 08.01.18......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: ..

Category: Property Law | Date: | Hits: 24