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Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)

....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......hariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performance of contract for selling 1.95 acres of land for a consideration of Tk. 15,000/-, stating, inter alia, that the suit land of Feli..

Category: Property Law | Date: | Hits: 103

Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

..... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......­rate evidence of P.W.1 hi respect of possession. 9. The defendants examined six witness, of them, Md. Abdul Quddus, the local Talisilder who deposed on behalf of defendant No.1, P.W.2 Md. Matiur Rahman (added defendant No.2). D.W.3, Md. Jahurul Haq Talukder, D.W.4 Md. Delwar Hossain Talukder, D...... DLR (AD) 201. Lawyers Involved: Md. Shahadat Tanvir Amin, Advocate, with Abul Quashem, Advocate - For the Petitioner. Iqbal Hossain, Assistant Attorney-General - For the Opposite Party No.1.  ARM Hasanuzzaman Advocate - For the Opposite Party Nos.2(a)-2(m).  Civil Revision ......­desh and others.......................Opposite Parties Judgment January 27, 2009. Result: The Rule is discharged. Cases Referred to- Amirunnessa Vs. Abdul Mannan Howlader, 17 BLD 251 = 1 BLC 183; Hriday Ranjan Dey Vs. Niranjan Dey being dead his heirs- Probate Dey, 6 MLR (AD) 267..

Category: Property Law | Date: | Hits: 76

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......ar Gopal Chatterjee Vs. Additional Commissioner, Dhaka Division, 41 DLR 326; Mrinalendu Pal Vs. Divisional Commissioner, 2 BLC 495. Lawyers Involved: Cyril Sikder, Advocate - For the Petitioner.  Md. Jafar Imam, Assistant Attorney-General - For the Respondents. Writ Petition No.5690......BM Khairul Haque J SM Ziaul Karim J Nazrul Islam (Md.)………………………Petitioner Vs. Bangladesh and others………………………………Respondents Judgment April 25, 2007. Result: The Rule is made absolute. The Acqui­sition and Requisition of Immovable..

Category: Property Law | Date: | Hits: 62

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ...... appeal is allowed Lawyers Involved: AF Hasan Ariff, Senior Advocate (with A F M Meshbahuddin, Senior Advocate), instructed by Md. Walndullah, Advocate-on-Record—For the Appellant. Rafiqur Rahman, Senior Advocate, instructed by Nazrul Islam Bhtiiyan, Advocate-on-Record—For Respondent No......mmel Hossain CJ SK Sinha J Md AWahhab Miah J Syed Mahmud Hossain J Md Imman Ali J Md. Shamsul Huda J Rajdhani Unnayan Kartipakha (RAJUK) ..............Appellant Vs. Eunus Ali & others..........................................Respondents Judgment August 1, 2012. ......eal, are precised below:— The respondents herein as the plaintiffs filed Title Suit No.228 of 1979 in the First Court of the then Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas pos..

Category: Property Law | Date: | Hits: 104

Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)

....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......853 = (2966) 2 All ER; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others, 18 DLR 709. Lawyers Involved: AFM Mesbahuddin with Khondker Diluruzzaman Advocates - For the Petitioner.  Md. Abdullah, Assistant Attorney-General - For Government/Opposite Party.  Civil R......roceedings. If the suit is barred by law it is the statutory duty of Court to reject plaint……………………………….(10) The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 Section 151 of the Code of Civil Procedure, 1908 only for­mulates the Legislative recognition..

Category: Property Law | Date: | Hits: 69

Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)

....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......rt is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ...... - For the petitioners. Kamruzzaman Bhuiyan, Advocate - For the opposite parties. Subrata Saha, Advocate with Kamal Hossain, Advocate - For the opposite parties. Civil Revision No.2660 of 2005. Judgment AFM Abdur Rahman J.- This Rule under Section 115(1) of the Code of Civil Procedure..

Category: Property Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......s. Land Appeal Board land others……………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD) 149 = 7 BLC (AD) 119;..

Category: Property Law | Date: | Hits: 115

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......sed father in order to grab their deceased father's entire property including 1.32 acres of land previously given to Fakimon Nessa by registered deed No.1313 dated 11.2.61 (Ext. No.3). P.W.3, Latifur Rahman as Sanitary Inspector of Gomestapur Police Station stated that as per death register Haji Bil...... Case is also Reported in: 30 BLD (HCD) (2010) 363. ......unsur Ali & others……………………..Petitioner Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties Judgment August 5, 2009. Result: The Rule is made absolute. Cases Referred to- 5 BLC (AD) 76; 10 MLR (AD..

Category: Property Law | Date: | Hits: 66

Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)

....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......f fact. This is dispute which could be resolved on affidavits and annexure and requires evidence to settle such fact………………………………(12) Lawyers Involved:  Khan Saifur Rahman with Md. Nurul Amin, Advocates — For the Petitioners. Zatnan Akhter, Assistant Attorney ......te disputed question of fact. This is dispute which could be resolved on affidavits and annexure and requires evidence to settle such fact………………………………(12) Lawyers Involved:  Khan Saifur Rahman with Md. Nurul Amin, Advocates — For the Petitioners. Zatnan Akhte......he writ jurisdiction. A writ petition cannot be maintainable if it is found that when the writ petition was moved, the writ petitioner still clung to other jurisdiction…………………………(15) Words and phrases Disputed question of fact Disputed question of fact is not merely conf..

Category: Property Law | Date: | Hits: 69

Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ...... of Bangladesh and others........................Respondents Judgment January 31, 1996. Result: The Rule is discharged. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985, sections 10 (5) and 10 (6) Under sections 10 (5) and 10 (6) of Ordinance No. LIV of 1985, the ..

Category: Property Law | Date: | Hits: 77

Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......y that certain property is a vested property, without the necessary factual basis and legal foundation, has no validity in the eye of law…………………………..(10) Cases referred to- 50 DLR (AD) 70; 46 DLR (HC) 136. Lawyers Involved: Moshfiqueuddin Bakhtiar with Jebun Nessa Mo..

Category: Property Law | Date: | Hits: 155

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......huni College Vs. Ismail Hossain, 26 DLR 10; Sajjadul Haque Vs. Sardar Anwar Hossain, 57 DLR 273; Rasheda Begum Vs. Nurussafa, 24 BLD (AD) 223 = 9 BLC (AD) 223; Guinness Peat (Trading) Ltd. Vs. Fazlur Rahman, 12 BLD (AD) 247 = 44 DLR (AD) 242; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 ......Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Moazzam Husain J Gopinath Das and others……………………Plaintiff-Petitioners Vs. Government of Bangla­desh & others……………………..Defendant Opposite-Parties Judgment May 12, 2010. Res...... of Bangla­desh & others……………………..Defendant Opposite-Parties Judgment May 12, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Vs. A Wadud, 25 DLR (SC) 90; Chowmuhuni College Vs. Ismail Hossain, 26 DLR 10; Sajjadul Haque Vs. Sardar Anwar Hos..

Category: Property Law | Date: | Hits: 149

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......n is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ....... Bangladesh, represented by the Secretary Ministry of Land, Government of the People's Republic of Bangladesh and others……………………………………Respondents Judgment April 15, 1996. Result: The petition is rejected. Article 102 of the Constitution can be invoked ..

Category: Property Law | Date: | Hits: 67

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ...... Afric, Advocates - For the Petitioners (In Writ Petition Nos.3210 of 2001 and 7012 of 2003).  SM Moonir, Advocate - For the Petitioner (In Writ Petition No. 1973 of 2005).  SM Atiqur Rahman, Advocate - For the Petitioners (In Writ Petition No. 4493 of 2005).  Mahbubey Alam, ......s. Nabab Abdul Malik Jute Mills Ltd., 60 DLR (AD) 7. Lawyers Involved: Yousuf Hossain Humayun with JH Afric, Advocates - For the Petitioners (In Writ Petition Nos.3210 of 2001 and 7012 of 2003).  SM Moonir, Advocate - For the Petitioner (In Writ Petition No. 1973 of 2005).  SM ......itioners Vs. Bangladesh and others………………………….Respondents Judgment October 27, 2011. Result: The Rules in Writ Petition Nos.3210 of 2001, 7012 of 2003, 1973 of 2005 and 4493 of 2005 are discharged. Cases Referred to- Bangladesh Vs. Commercial Trust of Bang..

Category: Property Law | Date: | Hits: 89

Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)

....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......pellant-opposite-Parties Judgment April 16, 2008. Result: The rule is made absolute. Cases Referred to- Nurul Islam (Babul) and others Vs. Santi Rani Dhupi and others, 12 MLR (AD) 105; Ranajit Sarker and others Vs. Sree Sukhendu Bikash Biswas and others, 17 BLD (AD) 58; Hussain Ahm..

Category: Property Law | Date: | Hits: 112

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Emdadul Haque J Nurul Islam Shaikha and others……………………….Petitioners Vs. Shahadat Hossain & others…………………………Opposite Parties Judgment March 14, 2011. Result:...... well. These kind of transfers have been taking place in this country for a long time and have been mentioned in at least one statue i.e. in section 96(10) of the State Acquisition and Tenancy Act, 1950, which stipulates that certain gift or Heba are exempted from pre-emption, but not a "Heba-bil-Ew..

Category: Property Law | Date: | Hits: 139

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......ossession….………(19) Dismissal of suit When there is a finding that suit is barred by limitation, it is enough for dismissal of the suit……………(20) Cases Referred to- Saifur Rahman Vs. Haider Shah, 19 DLR (SC) 433; Jeka Dula Vs. Bai Jivi, AIR 1938 Bombay 37; Arun Kumar Pal ...... is also Reported in: 16 BLC (HCD) (2011) 300. ......- Saifur Rahman Vs. Haider Shah, 19 DLR (SC) 433; Jeka Dula Vs. Bai Jivi, AIR 1938 Bombay 37; Arun Kumar Pal Vs. Assistant Custodian of Enemy Property (Land and Building) and ADC (Rev), 1983 BCR 225; Md. Ashraf Ali Vs. Fatique Chandra Sana, 1983 BLD (AD) 315; Fazar Ali Tendal Vs. Fazal Miah, 12 B..

Category: Property Law | Date: | Hits: 83

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......a party can be added even in a proceeding in Revision stage.................................(14) Cases Referred to- Parimal Majumder alias Parimal Chandra Majumder Vs. Abdul Sobhan, 39 DLR HCD 352; Subash Chandra Haider and another Vs. Abdul Bari and others, (1992) 12 BLD (AD) 174; Waliullah M..

Category: Property Law | Date: | Hits: 82

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ......lah, Advocates — For the Petitioners (In Writ Petition No. 1539 of 2008). Mohammad Bakir Uddin Bhuiyan, Advocate — For the Petitioners (In Writ Petitions No. 1948-1950 of 2008). Khan Saifur Rahman with Swapan Kumar Dutta and Muhammad Salahuddin, Advocates — For the Chairman of Jatiya Gri......8 and 1948-50 of 2008 are discharged, without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ......dy cannot be claimed by the original owner even if the property is used for a purpose different from the purpose of the original acquisition. [Bangladesh Vs. Samondra Narayan Mahajan, 2006 BLD (AD) 145 = 11 BLC (AD) 226; Brahmanbaria Pourashava Vs. Bangladesh, 1999 BLD (AD) 87]…………………â..

Category: Property Law | Date: | Hits: 121

Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......he aforesaid Kazi Nooruddin tried his best to get the property in question but in vain. He made representation to the authorities on 8‑3‑76, 3‑3‑79, 23‑7‑79, 19‑3‑81, 11‑8‑83 and 15‑7‑84 but the Government did not make over the property in favour of the owner. Furthermore the..

Category: Property Law | Date: | Hits: 71