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Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....arty filed an application under section 144 of the Code of Criminal Procedure on 21.4.1978 before the Sub-Divisional officer, Cox's Bazar alleging, inter alia, that they auction purchased the case land in Certificate Case No.1767 of 1960-1961 and the ever since they are in possession. Some porti......inal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......he High Court Division passed in Criminal Miscellaneous Case No. 3125 of 1997 affirming those dated 13.7.1997 of the Additional Sessions Judge, Cox's Bazar in Criminal Revision No. 72 of 1987 and that of the Magistrate, 1st Class, Cox's Bazar Passed in N. G. R. Case No. 132 of 1978. 2. C......i and others.......Petitioners Vs. Shamsuddin alias Shamsuddoha and others. . . .Respondents Judgment March 9, 2005. Lawyers Involved: Md. Abdul Malek, Senior Advocate, instructed by Md. Firoz Shah, Advocate-on-Record-For the Petitioners. Khan Sai..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610....... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Government of Bangladesh...................Appellant Vs. Md. Abdul Karim.....................Respondent Judgment June 4, 1995. Cases Referred to- Monoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (19......y the Administrative Appellate Tribunal, Dhaka in Appeal No.33 of 1993 upholding those of the Administrative Tribunal, Bogra passed in A.T. Case No. 27 of 1992. 2. Facts of the case, briefly, are that the respondent Md. Abdul Karim who was an Accountant-cum-Bench Assistant in the First Court of M......a Kamal J Latifur Rahman J Government of Bangladesh...................Appellant Vs. Md. Abdul Karim.....................Respondent Judgment June 4, 1995. Cases Referred to- Monoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State of Punjab..Category: Administrative Law | Date: | Hits: 144
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....rial Court and the first appellate Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece of land measuring 15 decimals, a part of C.S. Plot No.45 having an area of 8.24 acres appertaining to ......ed in: II ADC (2005) 587. ......ourt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………........tun and others..........Appellants Vs. Abu Bakar …………..Respondent Judgment July 29, 1998. Lawyers Involved: Moinul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant No..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....fault on March 30, 1991. 2. Defendant-respondents on March 6, 1984 got an ex parte decree in Title Suit No. 784 of 1978 against the appellant, of declaration of their title to 41 decimals of land of Plot No.459, within Mouza Meradia, Dhaka city. 3. The appellant then instituted Tit...... ...... and renumbered as Title Suit No. 19 of 1991. Ultimately it was dismissed for default, mentioned earlier. The appellant then filed the aforesaid misc. Case for its restoration stating, inter alia, that the order of transfer of the suit having not been communicated to the plaintiff, they had ......oner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case Referred to: Md. Wahab & ors v. Abdul Kalam & anr. 44 DLR (AD) 13. Lawyers Involved: B. Hossain, Deputy At..Category: Procedural Law | Date: | Hits: 87
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....erty is not an abandoned property. The writ petitioner was the legal owner of the suit property since 1970. Previously it belonged to her father late Mohammad Ali Meghani who purchased the plot of land from the Government of East Pakistan by a lease deed executed on the 23th May, 1960 and regist......2005) 563. ......udgment and order dated 30-1-95 passed by a Division Bench of the High Court Division making the Rule Nisi absolute. 2. The writ petition respondent contended in the writ petition that she was born in Tanzania in 1937 and that her parents migrated and were permanently domiciled a...............Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant Attorney General with him instructed by B. Hossain, Ad..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....g the application under Section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The pre-emptor filed the case on 4.8.77 on the averments that vendor-respondent No.1 sold the land to respondent No. 2 by a kabala which was executed on 16.5.77 and registered on 14.11.77.......rs.................................Appellants Vs. Bejoy Krishna Kunda being dead his heirs Biswajit Kunda and others ........Respondents. Judgment March 4, 1999. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah and ors, 31 DLR (AD) 88; Abdus S......ordinate Judge, Shariatpur dismissing the application under Section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The pre-emptor filed the case on 4.8.77 on the averments that vendor-respondent No.1 sold the land to respondent No. 2 by a kabala which was executed o......Krishna Kunda being dead his heirs Biswajit Kunda and others ........Respondents. Judgment March 4, 1999. Cases Referred to- Akhtarun Nessa and another Vs. Habibullah and ors, 31 DLR (AD) 88; Abdus Samad & ors Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. L..Category: Property Law | Date: | Hits: 34
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....decree dated 30 June 1986 of the Munsif, Sixth Court, Dhaka in Title Suit No. 399 of 1994). 2. It is agreed by both the plaintiffs and the defendant that Banizan Bibi was the original owner of the land described in schedule 'A' to the plaint comprising of 11 acre. She sold the same to one Sheikh ......7; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......rt, Dhaka (Which had affirmed the judgment and decree dated 30 June 1986 of the Munsif, Sixth Court, Dhaka in Title Suit No. 399 of 1994). 2. It is agreed by both the plaintiffs and the defendant that Banizan Bibi was the original owner of the land described in schedule 'A' to the plaint comprisi...............appellant Vs. Ali Mohammad Bhuiyan & another..................Respondents Judgment May 20, 1997. Result: The appeal is allowed. A finding of fact, whether concurrent or not, arrived at by the lower appellate court is binding on the High Court, as a revisional court ..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ...... the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ...... being violative of the provision of Section 7 (2) (f) of the Local Government (Union Parishad) Ordinance, 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No. 1 (writ-petitioner) filed the above writ-petition, stating to the effect tha......gir Alam (Selim).........Appellant Vs. Md. Hebjul Bari and others......Respondents Judgment August 3, 2004. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Abdur Rob ..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
.....1996 under Sections 341/114/302/34 of Penal Code was started. 3. One Sub-inspector of police of Raipura Thana investigated the case and prepared sketch map and index specifying the vacant land of Most. Fatikernnesa as the place of occurrence, sent the dead body of deceased Ruhul Amin to......atin J Zakir Hossain and another………….Petitioners Vs. The State............................Respondent Judgment August 18, 2008. Case Referred To- Khoka Vs. State 4 BLC (AD) 86. Lawyers Involved: Md. Khurshid ......ent Judgment August 18, 2008. Case Referred To- Khoka Vs. State 4 BLC (AD) 86. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- the...... August 18, 2008. Case Referred To- Khoka Vs. State 4 BLC (AD) 86. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- the Respondent. Cr..Category: Criminal Law | Date: | Hits: 47
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....ts relevant for disposal of this appeal are that the plaintiff filed Title Suit No.32 of 1994 for Specific Performance of Contract in respect of the suit property comprising 17½ decimals of land with semi pucca tin shed house standing thereon, which belonged to the defendant No.1, the pet......ahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred To- Bashir Ahmed and another Vs. K.S. Agha Yaqub Shall and others, 13 DLR (SC)......ed in Title Suit No. 32 of 1994 decreeing the suit for Specific Performance of Contract, by the Subordinate Judge, 1st Court, Gazipur. 2. The facts relevant for disposal of this appeal are that the plaintiff filed Title Suit No.32 of 1994 for Specific Performance of Contract in respect of...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred..Category: Property Law | Date: | Hits: 34
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......ammad Nawab Ali, Advocate-on-record-for the Respondent No. 2. Not represented- Respondent No.1, 3-9. Civil Appeal No. 25 of 2001 (From the judgment and order dated 10th December, 1996 passed by the High Court Division in Writ Petition No. 1506 of 1989). Judgment MM Ruhul Amin CJ...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Secretary, Ministry of Agricultural and others..... Appellants Vs. Rabia Khatoon and others..... Respondents Judgment February 2, 2009. Result: The appeal is all......others..... Appellants Vs. Rabia Khatoon and others..... Respondents Judgment February 2, 2009. Result: The appeal is allowed. Lawyers Involved: Mrs. Naima Haider, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the appellants. Muhammad Nawab Al..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....ent No. 1 (since dead) as plaintiff instituted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for declaration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. S. Plot No. 1474 under khatian 1/29, Touzi No. 133 of Kaliakoir Mouza withi......ed in: II ADC (2005) 497. ......eeing Title Suit No. 202 of 1970. 2. Respondent No. 1 (since dead) as plaintiff instituted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for declaration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. S. Plot No. 1474 under ......uf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents Judgment November 12, 1997. Lawyers Involved: ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....dge (now Joint District Judge), Dhaka, impleading Ful Mehar Bibi and thirteen others as the defendants. The suit was subsequently renumbered as Partition suit No. 113 of 1991 on transfer. The Suit land originally belonged to Sheikh Nazimuddin and Abdus Salam, sons of late Raizuddin in equal shar......r Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and others............Respondents Judgment March 21, 2005. Case Referred to- Government of Bangladesh represented by Ministry of Works, Bangladesh...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and others.......... Vs. Abdul Wahab and others............Respondents Judgment March 21, 2005. Case Referred to- Government of Bangladesh represented by Ministry of Works, Bangladesh Secretariat, Dhaka Vs. Chand Mia and others, 44 DLR (AD) 98. Lawyers Involv..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....iled Title Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the suit land and from planting any plant in the suit land and/or from in any way disturbing possession of ...... J Government of Bangladesh, represented by the Deputy Commissioner, Gazipur & others.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by ......Involved: A J Mohammad Ali, Additional Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record - For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record - For Respondent Nos. 1, 2(a) to 2(g) & 3(a) to 3(c) & 4. Not R......ur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Forest, Dhaka 2 BLC (AD) 56; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Go..Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
..... 122 of 1993 allowing the appeal and dismissing Title Suit No. 349 of 1987 of the First Court of Subordinate Judge, Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation. 2. The short fact leading to this appeal is that defendant No. 3 ......uhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involv......he First Court of Subordinate Judge, Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation. 2. The short fact leading to this appeal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Kh...................Respondents Judgment April 22, 2001. Case Referred to: A.F.M. Kutubudowala Vs. Hafez Muhammad Sadeq, 11 DLR (SC) 401. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, (S. M. Munir and Mrs. Tania Amir, Advocate with him) instructed by Md. Nawab Ali, Advoc..Category: Tenancy Law | Date: | Hits: 149
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....d Subordinate Judge, Second Court, Dhaka on 21 April 1973. 2. The subject matter consists of rent receiving interest in different touzis, taluks and tenures in different shares and also khas lands of different kinds comprising two wakf estates, one wakf lillah created by the great grand fa......in: II ADC (2005) 283. ......wo estates known as Ballade Wakf estates. He brought the suit against the Province of East Pakistan and the Deputy Commissioner, Dhaka praying for the following reliefs: (i) a declaration that no valid compensation Assessment Roll in respect of the Properties in suit has been prepared an......al CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahmed Siddiky......................Category: Property Law | Date: | Hits: 43
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....oner filed an application under section 24 of the Non-Agricultural Tenancy Act, 1949 being Misc. Case No. 116 of 1982 before the Subordinate Judge, Sirajgonj for pre-emption of two decimals of land. The respondent No. 1 opposed the said petition by filing a written objection. The appellant ...... any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ought for a partition of the holding in respect which pre-emtee happened to be co-sharer by heba. 4. Mr. Md. Ozair Farook, the learned Advocate appearing on behalf of the appellant submits that the said deed of Heba was created for the purpose to defeat the claim of pre-emption and t......Rahman Khan........Appellants Vs. Mst. Tahera Parvin and others............Respondents Judgment February 1, 2003. Lawyers Involved: Md. Ozair Farook, Senior Advocate, Instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Md. ..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....mptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney failed t...... order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......Judgment K M Hasan J.- This appeal is by special leave by the purchaser pre-emptee in an application under section 24 of the Non-Agricultural Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahamed J Mossammat Khursheda Jahan alias Mst. Monju Khorsheda.............Appellant Vs. Jahan Syada Shafinaz and others.....................Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... the Court of Munsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No. 616 of 1969 of ...... Khatun………………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Referred to: Safaruddin Vs. Fazlul Huq 49 DLR (AD) 151. Lawyers Involved: ......is Case is also Reported in: II ADC (2005) 360. ............Respondents Judgment January 17, 2005. Case Referred to: Safaruddin Vs. Fazlul Huq 49 DLR (AD) 151. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Appellant. Md. Abu Siddique Advocate-on-Record - For Respondent Nos. 1-15 ..Category: Property Law | Date: | Hits: 37
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1983 for consideration of Tk. 30,000/- to the......II ADC (2005) 253. ......itle Suit No. 152 of 1997 of the Court of Senior Assistant Judge, Rajbari, rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts, in brief, are that the respondent Nos. 1 to 3 sold 1.15 acres of land by registered deed of sale dated April 27, 1......shy;ers............ Appellants Vs. Ashit Kumar Mojumder and others.........Respondents Judgment February 9, 2005. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahnagir, Advocate-on-Record - For the Appellants. ..Category: Procedural Law | Date: | Hits: 75
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