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Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....in the court of Assistant Judge, Kazipur within the district of Sirajganj. 2. The plaintiff brought the suit against several defendants to have his title declared in respect of certain land measuring 2.59 acres fully described in the schedule to the plaint. This land originally belon......05) 195. ......nt: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Rimalendu Bikash Roy Choudhury J Mohammad Ali Akhand .......................Appellant Vs. Bahatan Nessa Bewa and others........Respondents Judgment January 29, 1997. Law...... Bahatan Nessa Bewa and others........Respondents Judgment January 29, 1997. Lawyers Involved: Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant. Akram Hossain Amin, Advocate-on-Record - For the Respondent. ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....udge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedule property" including plot No. 759 bearing an area of .35 arces in Mouza M...... (2005)180. ...... the trial Court but allowed in revision by a single Judge of the High Court Division by the impugned judgment and order dated 21 November, 1995. 2. Material facts of the case, briefly, are that on 24.7.94 appellant No. 1, Askar Ali as sole plaintiff instituted Title suit No. 151 of 1994 i...........Respondents Judgment August 3, 1997. Lawyers Involved: Fariduddin Md. Reza, Advocate (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellants. S. R. Karmakar, Advocate-on-Record–For the Respondent Nos. 1 ..Category: Property Law | Date: | Hits: 27
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....ule under the schedule 'ka of the plaint is null and void and not binding upon him. Her case was that the suit property originally belonged to Ali Amjad and Syed Ali who transferred 16 acre of land in Plot No. 546 to Bakhar Ali Molla husband of the plaintiff and predecessor of others who sol......s to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......(2005) 146. ...... Vs. Md. Golam Mostafa and others...................................Respondents Judgment May 22, 2002. Lawyers Involved: Khandker Mahabubuddin Ahmed, Senior Advocate, instructed by Sarifuddin Chaklader, Advocate-on-Record - For the Appellant. Abd..Category: Property Law | Date: | Hits: 39
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land but delayed the execution of the deed on different pleas and died leaving behind the defendant...... Ahammed J Md. Hamidul Haque J Khairun Begum and others.... Appellants Vs. Abdul Malik and another............Respondents Judgment July 6, 2003. Case Referred to- Siddique Vs. Yeakuti Begum, 49 DLR (AD) 402. Lawyers Involved: ...... were defendants in Title Suit No. 93 of 1987 of the Court of Subordinate Judge, 1st Court, Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land bu......nother............Respondents Judgment July 6, 2003. Case Referred to- Siddique Vs. Yeakuti Begum, 49 DLR (AD) 402. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate on-Record - For the Appellants. Dr. A..Category: Civil Law | Date: | Hits: 72
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....e No. 818/1983-84 and the kabala claimed in the said Miscellaneous case is, void, illegal, forged, fictitious and for permanent injunction restraining the defendant from entering into the suit land and disturbing the plaintiff's peaceful possession in the suit property contending, inte......shy;missed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... Bench of the High Court Division in Civil Revision No. 765 of 1994 making the Rule absolute and setting aside the judgment and decree dated 22.4.1993 passed by the learned Subordinate Judge, Bagerhat in Title Appeal No. 170 of 1991 affirming those of dated 21.5.1991 passed by the learned Additi......ppellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003. Lawyers Involved: Fazlul Karm, Senior Advocate, Instructed by Md Nawab Ali, Advocate-on-Record - For the Appellant. Mahbubuy Al..Category: Property Law | Date: | Hits: 37
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
..... Briefly stated the facts are these. In order to build the Kurmitola International Airport in Dhaka the Deputy Commissioner, Dhaka initiated L.A. Case No. 110 of 1965-66 respecting 46.92 acres of land of Mouza Faydabad including the disputed plot Nos. 1311, 1312, 1313, 1314, 1315, 1323, 1326, 1......orted in: II ADC (2005) 116. ......79 the appellant made an application to the Additional Land Acquisition Officer, Dhaka claiming compensation in respect of the disputed plots excepting plot Nos. 1345, 1362 and 1366 on the ground that he was the owner in possession of the same by registered documents when the Government took ove......dul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant. Shahab..Category: Property Law | Date: | Hits: 28
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
....espondents is that though the post of Kanungo was upgraded to the second class gazetted post, the Ministry of Finance did not give effect to the proposed pay scale. In the meantime, the Ministry of land invited applications for appointing 106 Kanungos instead of implementing the decision of upgra...... Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......ld not be directed to do the needful for implementation of the gazette notification dated 10.7.1997 (Annexure-J to the writ Petition). 3. The respondents are all kanungos and their case is that in a meeting of the National Land Requirement Council of the Ministry of Land held on 30.12.198......ts Vs. Abu Nur Mohammad Zafar and others............. .................Respondents Judgment July 21, 2003. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by Firoj Shah, Advocate-on-Record - For the Appellants Abdul Wadud..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
.... dated 1.12.1997 issued by the respondent No. 10 herein the Assistant Commissioner of Settlement Ministry of Housing and Public Works Government of Bangladesh cancelling the lease deed of the case land to the predecessor of respondent Nos. 1-7 Abul Hashem Khan and the order contained in Memo No.......d in: II ADC (2005) 83. ...... KM Hasan J Bushra Complex Ltd....Appellant (In Civil Appeal No. 256 of 2001) Mr. Bazlur Rahman ...........Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. C...... Bushra Complex Ltd....Appellant (In Civil Appeal No. 256 of 2001) Mr. Bazlur Rahman ...........Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Referre..Category: Property Law | Date: | Hits: 30
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....fendant Sukada as the only heir of her father Probodh Chandra. (d) Exhibit-"C" rent receipts which contain the khatian number and Plot No. 7066 measuring .08 decimal of land as mentioned in the schedule of the plaint. (e) Misread and misconstrued the docu......ate Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 06 of 2001. (From the Judgment and Order dated 2nd December 1999 passed by the High Court Division in Civil Revision No. 182 of 1990). Judgment Mohamma......ent Mohammad Fazlul Karim J.- This appeal by leave granted by this Court was to consider the points raised: "Learned Advocate for the petitioner submits that original R. S. Khatina No. 2324 being in the name of the original owner Kamini, Probodh and si.......................Appellant Vs. Pran Hari Gope...........................Respondents Judgment March 20, 2004. Lawyers Involved: Mohammad Ozair Farrooq, Senior Advocate, instructed by Mvi. Md. Wahidullh, Advocate-on-Record - For the Appellant. Subra..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....le. 3. The defendant contested the suit by filing written statement denying all the material allegations made in the plaint and contended, inter alia, that defendant Nos. 4-5 exchanged their land with the land of the plaintiffs for convenience of mutual possession by a deed of exchan...... Azra Ali, Advocate-on-Record - For Respondent Nos. 1-2. Not represented - Respondent Nos. 3-5. Civil Appeal No. 58 of 2000. (From the Judgment and Order dated 12.11.1998 passed by the High Court Division in Civil Revision No. 2948 of 1992.) Judgment MM Ruh......s directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No.2948 of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazil......thers .............Appellants Vs. Rahmat Ali & others ..........Respondents Judgment August 31, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Appellants. Azra Ali, Advocate-on-Record - For Respondent Nos. 1-2. Not..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....e mother of the minors was appointed their guardian. On mortgaging the property loan was obtained from the House Building Finance Corporation and the heirs of S.K. Rezvi constructed building in the land got by lease. The Respondent No. 4 entered into an agreement with the Respondent No. 1 herein t......on. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ......setting aside the judgment and order dated October 7, 1987 passed in Settlement Case No. 526 of 1987 (ka-1005 Mirpur Section 1 and 2 ) Holding No. 2-E/5-2 Mirpur, Dhaka. 3. Facts, in short, are that case holding was leased out on October 26, 1962 to one S.K. Rezvi, who died in 1965 leaving behi...... Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J The Government of People’s Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secreteriat Building, Dhaka…………………..Petitioner Vs. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....mpur within P.S. Dhaka Cantonment. It was, inter alia, stated in the plaint that the schedule property originally belonged to Md. Azimuddin, father of the plaintiff who had acquired .33 decimals of land from the disputed Plot No. 243 in a partition suit being Title Suit No. 46 of 1954 of the......;……….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. Cases Referred to- Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 1922 PC 249=ILR 48 Cal. 832; Ma...... Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. 243, Khatian No. 22, present Dag No. 932, D.P. Khatian No. 199, Mouza Ibrahimpur within P.S. Dhaka Canton......7 (FB); Dundappa Vs. Mallappa AIR 1976 Karnataka 39; Saminada Piliai Vs Subba Reddiar, ILR Madras Vol.1 (1876-78) 333. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record - For the Appellant. Zakir Hossain, Advocate-instructed by Md. Nawab Ali, Advocate..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....dated 15.2.1968 wherein the lessee constructed a structure and mutated his name in the Government Sherestha. On the basis of deed of agreement dated 21.6.1976 respondent agreed to purchase the said land and an amount of Tk. 8,500/- was paid as advance out of total consideration of Tk. 9,000/...... Md. M. G. Bhuiyan, Advocate-on-Record-For respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 30 of 1997. (From the Judgment and Order dated 13.7.1992 passed by the High Court Division in Writ Petition No, 499 of 1987). Judgment Mahmudul......s against judgment and order dated 13.7.1992 passed by the High Court Division in Writ Petition No. 499 of 1987 making the Rule absolute. 2. The short fact leading to this petition is that respondent Mst. Shiuli Begum filed Case No. 16 of 1987 in the Court of Settlement stating,...... Supreme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretari..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
.... record. 2. Plaintiff-appellant Khairunnessa instituted Title Suit No. 143 of 1982 in the Court of the Subordinate Judge, 4th Court, Dhaka for declaration of her title in the suit land being 26 decimals out of 30 decimals land of the suit plot and for permanent injunction r......ed Ahammed J Most. Khairunnessa…………..... Appellant. Vs. Atar Banu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- C.Q.M.H. Md. Ayub Ali Vs. the 1st Court of Settlement and others, 47 DLR (A......ly from disturbing the defendant respondents permanently from disturbing the peaceful possession of the plaintiff and her enjoyment of the suit land. 3. Plaintiff's case, in short, is that the suit holding belonged to Sheikh Piru who was the owner the land of C.S. Khatian No. 639 bea...... Judgment July 13, 2003. Case Referred to- C.Q.M.H. Md. Ayub Ali Vs. the 1st Court of Settlement and others, 47 DLR (AD) 71. Lawyers Involved: Mahbubey Alam, Senior Advocated, instructed by Chy. Md. Zahangir, Advocate-on- Record-For the Appellants. M.A...Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....and registered on 26 of August, 1960 between late Md. Serajuddin and the Ministry of Works leasing the property situated at 156 and 157, Motijheel Commercial Area, Dhaka, comprising of 18 Kathas of land in his favour and then late Md. Serajuddin, with the permission of the Rajuk, constructed a b......997) Not Represented - Respondent Nos. 1-5, 12, 13 & 15 (In Civil Appeal No. 97 of 1997). Civil Appeal Nos. 97-98 of 1997. (From the Judgment and Order dated 27 June, 1996 passed by the High Court Division in Writ Petition No. 2465 of 1992). Judgment Md. Ta......din and another.....................Respondent (In both the appeals) Judgment April 5, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record - For the Appellant (In Civil Appeal No. 97 of 1997) AJ Mohammad A...... Rupali Bank Ltd. Head office, Motijheel Commercial Area, Dhaka...........Appellant (In Civil Appeal No. 97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara S..Category: Property Law | Date: | Hits: 35
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....er under Section 63 of the Union Parishad Manual; that the respondent No. 1 approved Sukhdeb Nagar and Khalish Mouza under the representation of respondent No. 4 which is a ditch and low lying land and not at all eligible for selection in any way under the instruction of the circular a......297. ......mplex in accordance with the formal resolution passed unanimously by the members of the Union Parishad and as per instruction of the circular of the Government. 2. The facts of the case are that the respondent Nos.1-5 are regulated and controlled by the Government under Article 55(6)......f the People's Republic of Bangladesh and others………Respondent Judgment November 18, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to ..Category: Others | Date: | Hits: 87
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....te Judge, Bagerhat for declaration of the Title confirmation of possession and for permanent injunction against the petitioners and defendants opposite parties alleging, inter alia, that the original land of the plaintiffs under R.S. and S.A. khatian is situated on the eastern side of the river Balo......Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Zahur Ali Sk. and another……………………Petitioners (In Civil Petition No.715 of 2007) Mafez Sk. alias Mafez SK and others………Petitioners (In Civil Petition No.716 of 2007) Vs. Jogendra Nat......re directed against the judgment and order dated 31.08.2006 passed by the High Court Division in Civil Revision Nos. 4217 of 1998 and 386 of 1999 discharging the Rule. 2. The facts, in short, are that the plaintiff opposite parties instituted Title Suit No. 222 of 1994 in the 2nd Court of the lea......tition No.716 of 2007) Vs. Jogendra Nath Samaddar and others………………………Respondents (In both the cases) Judgment August 6, 2008. Lawyers involved: Shamsul Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioners (In both the case..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....nies Act, 1913 and is a recognized company and it had got commendable certificate from the Government as a foreign exchange earner and also got President's Medal and it is stated that the suit land originally belonged to a company which was a British Company incorporated in London as "R......s Nos. 1-3. Not represented- Respondent Nos. 4-14. Civil Petition for Leave to Appeal No.1751 of 2007. (From the judgment and decree dated the 6th day of September, 2007 passed by the High Court Division in Appeal from Original Decree (F.A.) No. 80 of 1998). Judg...... Judgment October 22, 2008. Lawyers involved: Mahmudul Islam, Senior Advocate, with M.A. Samad, Senior Advocate with Subrata Chowdhury, Advocate instructed by Mrs. Sufia Khatun, Advocate-on Record-For the Petitioner. T.H. Khan, Senior Advocate instructed by Md. ......etitioner Vs. Government of Bangladesh and others.............................Respondents Judgment October 22, 2008. Lawyers involved: Mahmudul Islam, Senior Advocate, with M.A. Samad, Senior Advocate with Subrata Chowdhury, Advocate instructed by Mrs. ..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....95. 2. Short facts are that the plaintiff-respondent filed the suit stating, inter alia, that the suit property originally belonged to Ahadon Ali, whose name was recorded in C.S. Khatian. The suit land along with other lands was acquired by the Government temporarily for construction of the Dhaka......hul Amin CJ Md. Tafazzul Islam J Md. Abdul Aziz J Government of Bangladesh and others..... Appellants Vs. Shamsun Nahar and others..... Respondents Judgment May 31, 2009. Cases Referred to- Sonar Bangla Service Station Vs. Government of the People's Republic of Banglad......No. 13 of 1995 filed by the defendant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte decree dated 19.8.1995 passed in Title Suit No. 1 of 1995. 2. Short facts are that the plaintiff-respondent filed the suit stating, inter alia, that the suit property originally b......s..... Respondents Judgment May 31, 2009. Cases Referred to- Sonar Bangla Service Station Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works and others, Law Guardian (AD) Vol. 4 p- 125; Bangladesh Vs. Jaheruddin, 1986 BLD (AD) 180; The ..Category: Limitation Law | Date: | Hits: 241
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....iff-petitioner filed Other Suit No.145 of 1999 for Specific Performance of Contract alleging that Mir Ahmed executed a Bainapatra on 19.9.1981 in favour of the plaintiff-petitioner to sell the suit land at Tk. 60,000.00 acknowledging payment of Tk. 40,000.00 only paid by the plaintiff-petitioner ......nbsp; Md. Joynul Abedin J.- This petition for leave to appeal by the plaintiff is directed against the judgment and order dated 27.2.2007 passed by a Single Bench of the High Court Division in Civil Revision No. 4266 of 2004 disposing th......ff is directed against the judgment and order dated 27.2.2007 passed by a Single Bench of the High Court Division in Civil Revision No. 4266 of 2004 disposing the rule. 2. The short fact is that the plaintiff-petitioner filed Other Suit No.145 of 1999 for Specific Performance of Contract a......med.................. Petitioner Vs. Badiul Alam and others....... Respondent Judgment July 27, 2007. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent Civil Petition for Leave to Ap..Category: Property Law | Date: | Hits: 36
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