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Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)

....onal Deputy Commissioner (Revenue), Shariatpur, the defendant No.1 in Certificate Appeal No.9 of 1987-88 in respect of the suit land is illegal, void etc. It was stated in the plaint that the suit property belonged to Jogendra Mohan Chakraborty and Lat Mohon in equal shares and after partition i...... Appellate Division (Civil) Present Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mst. Mariam Bibi.............. Petitioner Vs. Shiraj Madbar and others.........Respondents Judgment August 1, 2006. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 25

Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)

....r disbursement among the affected own­ers of the land. Inspite of the fact that no gazette notification was made vesting right, title in the said land on Rajuk, it may use or deal with the said property as may appear to it to be expedient. 4. The High Court Division upon hearing the p......torney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 282 of 2004. (From the judgment and order dated 14.01.2002 passed by the High Court Division in Writ Petition No. 2382 of 1999). ..

Category: Property Law | Date: | Hits: 26

Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)

....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......ed in: IV ADC (2007) 691. ..

Category: Property Law | Date: | Hits: 35

Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....at the father of the defendant No. 4 purchased the disputed land by auc­tion sale on the benami and he was put into possession on 19.12.1955 evicting Sometro  Tara and others from the suit property and settled 2 kathas of land in the name of Somerto Tara for her living there­in; tha......rendra Nath Mondal……………………………………………..Appellant Vs. Dhirendra Nath Mandal and others………………………..Responden..

Category: Property Law | Date: | Hits: 30

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

....verments that Bimalendu Roy, Tarini Prasad and two others took pattan of the suit land and C.S. Record was prepared in their names and subsequently Tarini Prasad and the two others surrendered the property in favour of the original landlord who then took the same to his Khas possession; Abdul Az......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, Represented by the Deputy Commissioner and others, Rangpur……………Petitioners Vs. Khariat Hos..

Category: Property Law | Date: | Hits: 27

Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)

....led a Kalami Noksha wherein the suit land has been clearly specified. In course of hearing, the learned Advocate appearing for the peti­tioner submitted that in view of the fact that the suit property was clearly specified in the 'Kalami Noksha' which was a part of the schedule to the plai......Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shamsul Haque and another………………Petitioners Vs. Md. Abdul J..

Category: Property Law | Date: | Hits: 23

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

....the learned Subordinate Judge (now Joint District Judge) on 22.08.1958 declaring that Srish Chandra Bhattacharjee was benamdar of Baidyanath Chatterjee. Baidyanath subse­quently transferred the suit property com­prising holding Nos. 12 and 13 to the plain­tiffs by a registered kabala dated 04.11.......ate-on- Record-For the Appellants. Mahbubey Alam, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 117-118 of 1998 (From the judgment and order dated 13.08.1995 passed by the High Court Division in Civil Revision No. 1222 of 1981 with..

Category: Property Law | Date: | Hits: 34

Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)

....l i.e. First Appeal No.308 of 2001 the sole plaintiff-appellant died intestate on 28.7.2002 leaving behind the applicants, the respondent No. 1(a) to 1(g) herein, as his legal heirs to inherit the property left by him. That it was further stated that respondent No.1 (a) to 1(g) were not aware of......slam J Amirul Kabir Chowdhury J Hazi Habibur Rahman @ Hazi Md. Habibur Rahman................... Petitioner Vs. Ayub Ali Sawdagar being dead his heirs Most Kamrun Nahar and others ………………Respondents Judgment Januar..

Category: Procedural Law | Date: | Hits: 75

Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)

....t No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent No.3 Standard Chartered Bank and mortgaged the property mentioned in schedule A of the plaint of Title Suit No. 35 of 1996 renumbered as Title Suit......d JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Peninsular Shipping Service Limited ..............................................Appellant Vs. M/s. Faruque Paint and Varnish Manufacturing Co. Ltd. and others ........Respondents Judgment June 18, 2006. ..

Category: Civil Law | Date: | Hits: 132

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

....bove plot in favour of the petitioner and then RAJUK also having mutated the name of this petitioner, there was no scope at all for the petitioner to know that the  above plot was an abandoned property; the acts and omissions of the government  agencies as well as that of RAJUK led the......hul Amin J Md. Tafazzul Islam J Shadharan Bima Corporation...........................Petitioners (In both the cases)    Vs. The First Court of Settlement and other................Respondents (In both the cases) Judgment January 26, 2006. ..

Category: Property Law | Date: | Hits: 41

Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)

....7.80 and 8008 dated 30.12.89 executed and registered by defendant No.2 in favour of defendant No.5 Rabiul Awal was forged, collusive and of no legal effect. 3. The case, in short, is that the suit property measuring about 131 square yards with a house and structures thereon fully described in the......ate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the High Court Division in Civil Revision No.1931 of 2..

Category: Tenancy Law | Date: | Hits: 180

A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)

....iff Pubali Bank filed the aforesaid money suit for a decree of Tk. 78,11,629.36 with interest at the rate of 20% per annum till realization of the same and also for the order to sell the mortgaged property. 3. It appears from the materials on record that defendant No.1 of Money Suit No. 1...... Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J A.F.M. Wahid Shahjahan.........Petitioner Vs. Subordinate Judge (now Joint District Judge), 3rd Court Dhaka and other……………Respondents Judgment August 2, 2007. ..

Category: Civil Law | Date: | Hits: 105

Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ...... Ameena Ahmed......................................Petitioner (In all the cases) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.S. Ramna, District-Dhaka and ors................Respondents (In all..

Category: Property Law | Date: | Hits: 31

Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)

....as described in the Kha schedule to the plaint are forged, fraudulent, void and not binding upon them on the averments that Golak Sarder and Ramgati Sarder were the owners in possession of the suit property to the extent of 12 annas and 4 annas respectively covering an area of 5061/4 acres and 1......MLR (AD) 2008, 168. ..

Category: Property Law | Date: | Hits: 33

Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)

.... the High Court Division in Civil Rule No. 524(F) of 2005 arising out of F.A.T. No.408 of 2005 making the Rule absolute. 2. The short fact relevant for disposal of the rule is that the Suit property is Rowafata Rowa beel, measuring 89.99 acres of land under Sadar Thana of Sunamganj Distri......ge: Tegharia, Police Station: Sunamgonj Sadar, District-Sunamgonj....Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Sunamgonj and others........Respondents Judgment December 10, 2007. Case Referred To- ..

Category: Property Law | Date: | Hits: 50

Khizir Haider and others Vs. State, 2007, 36 CLC (AD)

....lam, Inspector, Bureau of Anti-Corruption, lodged an FIR stating that an area of 1.66 acres of land with buildings at Sardar Bahadur Nagar, Mouza Pahartali, Chittagong was declared as an abandoned property under President's Order No. 16 of 1972 and on 5.6.1972 Ambagan Bastuhara Sarnity was permi...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Khizir Haider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Her..

Category: Criminal Law | Date: | Hits: 43

Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)

....er favour in Miscellaneous Case No. 97 of 1984 filed under section 96 of the State Acquisition and Tenancy Act, 1950 and that she has already started execution proceedings in that behalf; the suit property being the homestead property, as per provision of section 6 of the Land Reforms Ordinance,...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M.Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Abdul Hai and other.........Petitioners Vs. Chan Banu Bibi..................Respondent Ju..

Category: Property Law | Date: | Hits: 60

Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)

....the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Sirajul Haq...........................Petitioner Vs. Md. Abdul Halim and another.............Respondents Judgment March 18, 2007.    &..

Category: Property Law | Date: | Hits: 31

Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)

....en controlling and managing the suit premises through Managers and employees and that he earned good will and reputation and that there were many suits and cases between the beneficiaries of the suit property and some of those went up to the highest Court of the Country and that the plaintiff on var......Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Rezaul Ahsan.................Petitioner Vs. Salamat Miah Wakf Estate, represented by the Mutwalli Amir Sultan Ali Haider and others................Respondents Judgment May 3, 2007. Lawyers Involved: Mahbubey A..

Category: Tenancy Law | Date: | Hits: 184

Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

....the 2nd Court of Subordinate Judge (now Joint District Judge) Rajshahi in Other Class Suit No.104 of 1994 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the property mentioned in the schedule attached to the plaint. 3. The case of the plaintiff, in shor......se is also Reported in: 13 MLR (AD) 2008, 105. ..

Category: Property Law | Date: | Hits: 29