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Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....urt Division in Writ Petition No. 2042 of 1994 discharging the Rule. 2. The appellants obtained sanction for a plan from RAJUK to construct a 10-storied building on 16-11-89 in the disputed land which was purchased by them from Anwar Rahim, Akhter Rahim, the two brothers and their sister,......o costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......others and .46 acres still remain the ejmali property of the two brothers and the said sister. Before the plan was sanctioned respondent No. 4 filed an objection to the RAJUK complaining that she had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased b.............Appellants Vs. Rajdhani Unnayan Kartripakhya and others............Respondents Judgment July 27, 1999. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner. Md. Hanna..Category: Property Law | Date: | Hits: 35
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....Case No. 415 of 1987 in the Court of Upazilla Magistrate at Debidwar alleging, inter alia, that she along with her two sons, namely P.W. Kamal Hossain and P.W Shain Mia purchased 4½ decimals land of plot No.111A appertaining to Khatian No. 236 of Mouza Debidwar under police Station Debidwa....... Ed. This Case is also Reported in: 1 ADC (2004) 542. ......987 convicting the petitioners and two others under sections 465/109 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 1 (one) year. 2. Short facts are that on 28.09.1987 the Complainant-opposite party-respondent No. 2 brought C.R. Case No. 415 of 1987......ners Vs. The State and another.....................................Respondents Judgment January 5, 2004. Lawyers Involved: S. M. Zillul Haque, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not re..Category: Criminal Law | Date: | Hits: 47
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....ndant Nos.1 and 2 filed written statement contending inter alia that they got the property by way of settlement. In that suit at the time of hearing Mojiruddin deposed that he did not transfer the land to the defendants by Pattan. The defendants have no title and possession in the suit property ...... Ed. This Case is also Reported in: 1 ADC (2004) 513. ......ip;….Appellants Vs. Hamida Bewa and others……………...Respondents Judgment August 31, 2004. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Appellants. Md. Nawab Ali, Advocate-on-Record-For Responde...... Vs. Hamida Bewa and others……………...Respondents Judgment August 31, 2004. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Appellants. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Civil..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....ing the defendant No. 1 to refund Tk. 12,00,000/- to the plaintiffs and the defendant No. 3. 3. Title Suit No. 50 of 1984 was filed seeking decree for specific performance of contract of sale of land claimed to have been entered into by the defendant No.1 on November 5, 1973 with the plaintiffs......structed by Md. Aftab Hossain, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 165 of 2003. (From the Judgment and Order dated May 18, 2003 passed by the Appellate Division in Civil Appeal No. 77 of 1997) Judgment Md. Ruhul Amin J. - ......of land claimed to have been entered into by the defendant No.1 on November 5, 1973 with the plaintiffs and defendant No.3. 4. The suit was contested by the defendant No. 1 stating, amongst other that the land which is the subject matter of the agreement between the plaintiffs and the defendant N.................. Respondents Judgment July 31, 2004. Result: The review petition is dismissed. Lawyers Involved: H.R. Sharif, Advocate, instructed by Md. Aftab Hossain, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 165 of 2003..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
....Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of the disputed land and that the enlistment of the suit property as vested property is illegal stating inter alia,....... Wahidullah, Advocate-on-Record-For Respondent Nos. 1 & 2. Not represented-Respondent Nos. 3-6. Civil Appeal No.13 of 1998. (From the judgment and order dated 13.08.1997 passed by the High Court Division in Civil Revision No.1490 of 1992.) Judgment &n......directed against the judgment and order dated 13.08.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of the disputed......nga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyers Involved: Parimal Chandra Guha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate instructed by Mvi. Md. Wahidull..Category: Property Law | Date: | Hits: 82
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
.... their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plaintiffs as his landlord. Younus Chandana stopped payment of rent since May 1974 and he also inducted defendant No.......ents Judgment August 8, 2004. Lawyers Involved: AJ Mohammad Ali, Senior Advocate (Fazlul Karim, Senior Advocate with him) instructed by Ataur Rahman khan, Advocate-on–Record-For the Appellants. Mahbubey Alam, Senior Advocate instructed by Md. Aftab Hossai......is directed against the Judgment and Order dated 13.12.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 4348 of 1999 discharging the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, Dhaka in the......mp; others........Appellants Vs. Musleuddin Ahmed & others................Respondents Judgment August 8, 2004. Lawyers Involved: AJ Mohammad Ali, Senior Advocate (Fazlul Karim, Senior Advocate with him) instructed by Ataur Rahman khan, Advocate-on&n..Category: Property Law | Date: | Hits: 23
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....dge, First Court, Dhaka praying for permanent injunction against the defendant Government of Bangladesh and other Government Officers restraining them from entering into the 'Ga' Schedule land part of the 'kha' schedule which is out side the land acquired in L.A. Case No. 13 of 1956-60.......costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......from entering into the 'Ga' Schedule land part of the 'kha' schedule which is out side the land acquired in L.A. Case No. 13 of 1956-60. The plaintiff also made further prayer for declaration that "Ga' schedule land is not the part of acquired land published in the Gazette Notification ...............Appellants Vs. Abdul Hakim..................................Respondent Judgment July 13, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Naima Haider, Assistant Attorney General with him) instructed by B. Hossain Advocate..Category: Property Law | Date: | Hits: 22
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....Sadar Comilla for declaration that the kabala described in the schedule 1, 2 and 3 of the plaint are forged, illegal and void etc, and for further declaration of his title to the land described in the schedule 1(ka) and 3(ka) of the plaint stating to the effect that while said ......ost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... of 1990 and reversing those of dated 20.10.1990 passed by the learned Assistant Judge, Sadar Comilla in Title Suit No. 448 of 1987 decreeing the same. 2. The relevant facts, in brief, are that Debendra Chandra Sharma father of the present respondents instituted the Title Suit No. 448 of ...... ..................Appellants Vs. Gauranga Chandra Sharma and others ..........Respondents Judgment April 17, 2002. Cases Referred to- Fazlul Haque vs. Noor Mia 12 DLR (HC), 19 DLR (HC) at page 188; Barada sundari vs. Makhan Chandra Das 6 BLT; Abdul Mat..Category: Property Law | Date: | Hits: 27
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....led under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Pre-emptor respondents No.1-3 filed Miscellaneous case No. 1 of 1992 seeking preemption of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11......as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......e appellant by the respondent No.4 by the kabala executed on 21.11.1991 and registered on 24.02.1992 claiming co-sharership in the disputed holding by purchase. It was the case of the pre-emptors that to defeat the claim of pre-emption pre-emptee appellant and the respondent No. 4 collusively de...... Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- Fer..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....shy;ing the Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaration of his title to .19 acres of suit land with prayer for injunction restraining the Government from leasing out .08 acres of his share ...... in: 1 ADC (2004) 431. ......of his share of the suit tank to the defendant appellant respondent Lokman Mia, restraining him from disturbing his possession of the suit tank and for partition of the suit land. His case is that the Government of India acquired entire land of C. S. Plot No. 21 which originally belonged t......pondents Judgment July 20, 2002. Case Referred to- Bangladesh Vs. Barekunnessa, 4 BLC (AD) (1999) 130. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not repre..Category: Property Law | Date: | Hits: 20
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
....econd Appeal No. 205 of 1979 allowing the same. 2. Plaintiff-Respondent filed suit, Title Suit No. 151 of 1967, seeking declaration of title and confirmation of possession in respect of the land measuring 3.75 acres which he acquired in exchange of his property in India. It was the case ......t Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mir Kalimuddin, being dead his heirs 1(a) Asia Khatun alias Chamatkar Biby and others................. Petitioners Vs. Mohammad Dhukhi Mondal ......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mir Kalimuddin, being dead his heirs 1(a) Asia Khatun alias Chamatkar Biby and others................. Petitioners Vs. Mohammad Dhukh.............. Petitioners Vs. Mohammad Dhukhi Mondal and others..................Respondents Judgment June 16, 2004. Lawyers Involved: S. M. Zillul Hague, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Narul ..Category: Property Law | Date: | Hits: 29
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....smissing the Suit. 2. Rakhal Chandra Pal as plaintiff filed Title Suit No. 396 of 1975 in the 1st Court of Munsif, Bagerhat against the respondent No. 1 for declaration of title to the suit land along with huts thereon and for khas possession thereof. 3. The Case of the plaint...... been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......ingle Bench of the High Court Division in Civil Revision No. 914 of 1987 making the Rule absolute and reversing the judgment and decree dated 8.7.1987 of the learned Additional District judge, Bagerhat passed in Title Appeal No.181 of 1984 decreeing the suit and reversing the judgment and de......d. Lbrahim 28 DLR (AD) 61;Naimuddin Sarder vs Abul Kalam 39 DLR (AD) 237;3 BLD (AD) 334;9 DLR 467. Lawyers Involved: S.M. Munir, Advocate, instructed by Md. Nawab All, Advocate-on-Record-For the Appellant. Ozair Farooq, Senior Advocate, Instructed by Aftab Hossain, Advocate-..Category: Property Law | Date: | Hits: 26
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
.... of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the suit land entered into a contract with the plaintiff for sale of the suit land at a total consideration ...... in: 1 ADC (2004) 387. ...... directed against the judgment and order dated 16.01.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 645 of 1987 making the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific performance of ...........................Appellant Vs. Khalilur Rahman Bhuiyan & others ..........Respondents Judgment July 4, 2004. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Abdul ..Category: Property Law | Date: | Hits: 31
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....decreeing the same. The plaintiffs filed the suit seeking declaration of title, confirmation of possession and further relief of permanent injection in respect of 8 kanis, 10 gandas and 2 karas of land described in the schedule attached to the plaint. The plaintiffs claimed the said land by purc...... as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......ras of land described in the schedule attached to the plaint. The plaintiffs claimed the said land by purchase in between the period February 1982 and November 1984. 2. Facts, in short, are that one Ahmed Ali said to have been the owner of the land claiming which plaintiffs have filed...... Vs. Mostafizur Rahman and another................................Respondent Judgment November 24, 2002. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record-For the Appellants. Not rep..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....ondents 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 fail......rder as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ......sp; KM 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...... ..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....g with his father (deceased) after coming from abroad. He went abroad two or three times but came back at short interval. Thereafter, the accused started demanding money from his father by selling land for going abroad again and for non compliance he created pressure on his father and had b...... Ed. This Case is also Reported in: 1 ADC (2004) 304. ......in Death Reference No.17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under Section 302 of the penal Code and sentenced hi......;….Petition Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 with ..Category: Criminal Law | Date: | Hits: 55
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....as also told that a compromise had been effected on the terms that the respondent No.1 would admit her ownership and khas possession on the properties of the Suit and that she would give some land to respondent No.1 as she thought fit later on it transpired that a compromise decree was...... Md. Tafazzal Islam J Md. Shah Alam.................Appellant Vs. Md. Islam and others..............................Respondents Judgment May 26, 2004. Cases Referred To- 1985 BLD Ad 54; 1986 BLD 173. Lawyers Involved: Abdul Momin......n Other Appeal No. 475 of 1985 and affirming the judgment and decree dated 27.6.1989 passed by the Munsif 2nd Court, Chittagong Sadar in Chittagong dismissing the Suit. 2. Mrs. Fatema Khatun (now dead), the mother of the appellant instituted the above Other Suit No. 247 of 1978, wher...... May 26, 2004. Cases Referred To- 1985 BLD Ad 54; 1986 BLD 173. Lawyers Involved: Abdul Momin Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Mahmudul Islam, Senior Advocate, instructed by ASM Khalequzzaman, Ad..Category: Procedural Law | Date: | Hits: 87
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....le Suit No. 148 of 1992 dismissing the suit. 2. The respondent Nos.1 to 9, filed the above Title Suit No.148 of 1992 seeking declaration of title Simpliciter in respect of the suit land stating, inter alia, that the suit land is part of C.S. /S.A Plot No.1497 the above plot com&s......y S. R. Khoshnabish, Advocate-on-Record-For Respondents Nos. 1-9. Not represented-Respondent No. 10. Civil Appeal No.163 of 2000. (From the judgment and order dated 18.5.1999 passed by the High Court Division in F. A. No.74 of 1998). Judgment &......shy;missing the suit. 2. The respondent Nos.1 to 9, filed the above Title Suit No.148 of 1992 seeking declaration of title Simpliciter in respect of the suit land stating, inter alia, that the suit land is part of C.S. /S.A Plot No.1497 the above plot comprised of an area of 3.0......; others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: Anwarul Azim Khair, Deputy Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellants. K..Category: Property Law | Date: | Hits: 29
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Assistant Judge, Sadar, Nature, in other Class Suit No.112 of 1979 dismissing the same. The Suit was filed seeking declaration of title in and recovery of possession of 41/2 decimals of land, shown in the sketch map attached to the plaint, part of 22 decimals of land of the 'kha' sche......s to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......, shown in the sketch map attached to the plaint, part of 22 decimals of land of the 'kha' schedule with is part of the land of 'ka' schedule. 2. Plaintiff appellant filed the suit stating that 45 decimals of land described in 'ka' schedule which comprises also the land of 'kha' schedule ......lam Rasul....................Appellant Vs. Chan Mohammad....................Respondent. Judgment October 26, 2003. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. N. I. Bhuiy..Category: Property Law | Date: | Hits: 46
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
....vations made there in setting aside the judgment and decree of the appellate court passed in Title appeal No. 5 of 1993 with a direction to the parties to maintain status quo in respect of the suit land. 2. The High Court Division while remanding the suit observed as under: .........Appellants Vs. Abdul Hamid and others.............................Respondents Judgment October 27, 2003. Result: The appeal is allowed without any order as to costs. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by S.R...... appellate Court was properly and legally reversed the findings of the trial Court. I have heard the learned Advocate of both sides, perused the application and the records of the case. It appears that the trial Court upon framing 6 (six) issues decided the issues upon due consideration of mater...............Appellants Vs. Abdul Hamid and others.............................Respondents Judgment October 27, 2003. Result: The appeal is allowed without any order as to costs. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed ..Category: Procedural Law | Date: | Hits: 76
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