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Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....for declaring that the 'Kha' schedule deed appearing in the plaint is void, collusive, illegal, fraudulent, forged and not binding upon the plaintiff and the plaintiffs case, in short, is that the lands mentioned in the ‘Kha’ schedule in the plaint belonged to Horidash Sarker, and th...... This Case is also Reported in: VI ADC (2009) 232. ......eversing those dated 31.05.1999 of the Assistant Judge, Savar Thana, Dhaka in Title Suit No. 181 of 1996 and remanding the suit for re-trial. 2. The appellant filed the suit for declaring that the 'Kha' schedule deed appearing in the plaint is void, collusive, illegal, fraudulent, forged...... Ramnath Sarker ...............Respondent Judgment July 1, 2008. Lawyers Involved: Alhaj Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent. ..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....the predecessor in interest of the present petitioners as defendants and opposite party Nos.3-27 and others raying for a decree for declaration of title and recovery of khas possession in the suit land as described in the schedule to the plaint stating, inter alia, that two full mothers, ......bsp; Civil Petition for Leave to Appeal No. 812 of 2005. (From the judgment and order dated 05.03.2005 passed by the High Court Division in Civil Revision No.3195 of 1998.) Judgment &n...... Vs. Mahtab Uddin & others.................Respondents Judgment November 30, 2006. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Sufia Khatun, Advocate-on- Record-For the Petitioners. Abdur Razzak, Senior Advocate, instructed by......llip;…….Petitioners Vs. Mahtab Uddin & others.................Respondents Judgment November 30, 2006. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Sufia Khatun, Advocate-on- Record-For the Petitioners. Abdur Razz..Category: Property Law | Date: | Hits: 23
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....e predecessor of the petitioners, filed Title Suit No.36 of 1985 in the Court of the then Munsif (now Assistant Judge), Derai, Sunamganj for declaration of his right, title and interest in the suit land and for further declaration that the ex parte decree dated 27.5.1985 of the same very Court p......edin J Ranju Roy and other…….............Petitioners Vs. Jibesh Ranjan Roy and others….......Respondents Judgment November 18, 2007. Case Referred To- Abdus Samad Mohammad vs. Deputy Commissioner and Custodian of Vested Proper......ember 18, 2007. Case Referred To- Abdus Samad Mohammad vs. Deputy Commissioner and Custodian of Vested Property and others, 52 DLR (AD) 121. Lawyers Involved: Mrs. Sufia Khatoon, Advocate-on-Record-For the Petitioners. &nbs......ase Referred To- Abdus Samad Mohammad vs. Deputy Commissioner and Custodian of Vested Property and others, 52 DLR (AD) 121. Lawyers Involved: Mrs. Sufia Khatoon, Advocate-on-Record-For the Petitioners. &nbs..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....nt and order holding that the original suit is for declaration of title simplicator and the proposed amendment is sought for recovery of khas possession in respect to some portions of the suit land in which the defendants denied the title and possession of the plaintiffs in those portions a......hury Md. Zahangir, Advocate-on Record-For respondent No.1. Not represented- For respondent Nos.2-13. Civil Appeal No.14 of 2000. (From the judgment and order dated 19.6.1997 passed by the High Court Division in First Appeal No.79 of 1990) Judgment &......on and filed therein an application under Order 6 Rule 17 CPC praying for adding the prayer for recovery of khas possession in the plaint on payment of ad veloram court fees contending that unless the above consequential relief of recovery of possession, in respect of the two portions......s ..........Appellants Vs. Md. Abdur Rob and others ...........Respondents. Judgment July 23, 2005. Lawyers Involved: A. H. M. Mushfiquer Rahman, Deputy Attorney General, instructed by Ahsanullah Patwary, Advocate-on-Record-For the Appellants. Kha..Category: Civil Law | Date: | Hits: 107
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
....espondent No.1 as plaintiff instituted Title Suit No. 59 of 1989 praying for specific performance of contract stating, inter alia that the defendant opposite parties proposed to sell the suit land and the petitioner wanted to purchase the same for the price of Tk.10, 000/- for which the pla......l Islam J Md. Joynul Abedin J Md. Abdul Matin J Mst. Dorae Anwara Khatun Chowdhury being dead his heirs Mst. Arshe Anwara Khatun and others...........Petitioners (In all the cases) Vs Shekerernessa being dead her heirs: Kalu Miah and ors…..Respondents (...... Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mst. Dorae Anwara Khatun Chowdhury being dead his heirs Mst. Arshe Anwara Khatun and others...........Petitioners (In...... (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mst. Dorae Anwara Khatun Chowdhury being dead his heirs Mst. Arshe Anwara Khatun and others...........Pet..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... 2. The short fact is that the plaintiff-respondent Nos.1-8 instituted Other Class Suit No. 56 of 1993 in the court of the Assistant Judge, Trishal, Mymensingh for declaration of title in the suit land and also for recovery of khas possession contending, inter alia, that the suit land situated in......smissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......ppeal is directed against the judgment and order dated 24.04.2006 passed by a Single Bench of the High Court Division in Civil Revision No. 2149 of 2000 discharging the Rule. 2. The short fact is that the plaintiff-respondent Nos.1-8 instituted Other Class Suit No. 56 of 1993 in the court of the......€¦â€¦..Petitioner Vs. Dr. A.K.M. Mobarak Hossain being dead his legal heirs: 1. Jahanara and others .......Respondents Judgment December 4, 2007. Lawyers Involved: Abdul Quayum, Senior Advocate, instructÂed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Firoz Shah, A..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
.... The Short fact is that the respondent as plaintiff instituted the aforesaid Title Suit No.13 of 2002 against the defendant-petiÂtioners for a decree of permanent injuncÂtion in respect of the suit land alleging, inter alia, that the suit land appertaining to Mouza No. 202 Sundarpur, Chatkhil, Noa......ul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1423 of 2007. (From the judgment and order dated 16.5.2007 passed by the High Court Division in Civil Revision No. 5575 of 2003) Judgment Md. Joynul Abed.......2003 passed by the learned District Judge, Noakhali, in Title Appeal No. 200 of 2003 allowing the appeal and reversing the judgment and decree dated 20.7.2003 passed by the learned Assistant Judge, Chatkhil, Noakhali, in title Suit No.13 of 2002 decreeing the suit for permanent injunction. 2. Th......Md. Abdul Matin J Abu Yousuf and others…………Petitioners Vs. Md. Hanif………………………......Respondent Judgment May 29, 2008. Lawyers Involved: M. A. Samad, Senior Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners. A.K.M. Naz..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....r Miscellaneous Case being No. 103 of 1980 and subsequently the case was renumbered as 20 of 1992. 4. The case of the pre-emptor respondent, in short, is that he is the co-sharer of the case land and other lands by inheritance with opposite party Nos.3 to 6; opposite party Nos. 3 to 6 tra...... ......f 1992. The pre-emptor filed another Miscellaneous Case being No. 103 of 1980 and subsequently the case was renumbered as 20 of 1992. 4. The case of the pre-emptor respondent, in short, is that he is the co-sharer of the case land and other lands by inheritance with opposite party Nos.3 t...... (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Md. Murtoza Ali & anr.......Petitioners (In both the cases) Vs Renu Bibi @ Saifur Nessa & ors…...... Respondents (In both the cases) Judgment December 4, 2007. ..Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....p; 3. The petitioner filed a Partition Suit No.228 of 2004 in the Court of Assistant Judge, Hathajari, Chittagong against these opposite party Nos. 1 to 4 and others and in that suit lands of R.S. Plot No. 5607 and other plots have been included in the schedule to the plaint of the...... Vs Badura Begum and others……………………Plaintiff-respondents Judgment September 16, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. ......nbsp; 3. The petitioner filed a Partition Suit No.228 of 2004 in the Court of Assistant Judge, Hathajari, Chittagong against these opposite party Nos. 1 to 4 and others and in that suit lands of R.S. Plot No. 5607 and other plots have been included in the schedule to the plai......ellip;…………………Plaintiff-respondents Judgment September 16, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to A..Category: Civil Law | Date: | Hits: 94
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....y the Additional District Judge, Magura reversing those dated 20.06.1999 in Title Suit No.7 of 1985 dismissing the suit by the Subordinate Judge, Magura. 2. The plaint case is that the suit land originally belonged to Fazal Sheikh and others and District Settlement record was pre­......um, Advocate-on-Record-For the Petitioners. None represented-For Respondents. Civil Petition for Leave to Appeal No. 604 of 2006. (From the judgment and order dated 10.03.2004 passed by the High Court Division in Civil Revision No. 26 of 1997) Judgment &nbs...... 132 of 1999 by the Additional District Judge, Magura reversing those dated 20.06.1999 in Title Suit No.7 of 1985 dismissing the suit by the Subordinate Judge, Magura. 2. The plaint case is that the suit land originally belonged to Fazal Sheikh and others and District Settlement reco......ellip;....................Respondent Judgment November 18, 2007. Lawyers Involved: A. K. M. Shafiqul Alam, Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. None represented-For Respondents. Civil Petition for Leave to..Category: Property Law | Date: | Hits: 21
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......esh Secretariat, P.S.-Ramna, Dhaka-1000 and others............Respondents (In Civil Petition No. 1205 of 2005) Judgment September 4, 2007. Lawyers Involved: A.F. Hassan Ariff, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petition......ved: A.F. Hassan Ariff, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners (In all the cases). J.B.M. Hasan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.5 (In Civil Petition 1203 of 2005). J.B.M. Hasan......bdul Matin J The Manager, Satgaon Rubber Bagan, Srimangal, Moulavi Bazar and another................Petitioners (In Civil Petition No. 1203 of 2005) General Manager, Bangladesh Forest Industries Development Corporation Rubbar Division, Sylhet Zone, P.S.-Sreemangal, District-M..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
....70 passed by Assistant Commissioner (Revenue) in Miscellaneous Case No. 180 of 1971 to the fraudulent, forged, collusive, illegal and not binding upon the plaintiff contending, inter-alia, that the land of District Settlement Khatian No. 82 of mouza Boyarjhap under Police Station Paikgacha Distri......pondent No. 5. None represented- For Respondent Nos. 1-4, 6-16. Civil Petition for Leave to Appeal No. 245 of 2006. (From the judgment and order dated the 28th November, 2005 passed by the High Court Division in Civil Revision No. 906 of 2000). Judgment &n...... Khulna in Title Appeal No. 286 of 1998 reversing those dated 27.08.1998 passed by the learned Assistant Judge, Paikgacha, Khulna in Title Suit No. 139 of 1994. 2. The facts of the case are that the plaintiffs instituted Title Suit No. 139 of 1994 in the Court of Assistant Judge, Pai...........Petitioners Vs. Rebati Sarder and others…......Respondents Judgment September 16, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on- Record-For the Petitioners. S. R. Khoshnabish, Advocate-on-Record-For Respondent No. 5. ..Category: Property Law | Date: | Hits: 23
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
.... Lahore, in review application No. 34 of 1960 and review application No. 73 of 1960. It has arisen in the following circumstances:— 2. The property in dispute is 366 Kanals and 4 Marlas of land situated in village Kot Mathra Dass, Tehsil Chunian, District Lahore. It belonged to respondent...... 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction under section 20 of the Pakistan (Administ......ty. The Additional Custodian, by his order dated the 5th July, 1948, held him as an evacuee but restored his 1/3rd share in the joint property under section 15 of Ordinance VII of 1947, on condition that he will not eject the refugees who have already been settled on his land and will not dispose of....................Respondents Judgment December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and othÂers, 2007, 36 CLC (AD)
....sp; 2. The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for pre-emption in respective of 164 acres of land. Their case is that they are co-sharers in the properties of schedule Nos. 1 and 2 as heirs o......Respondent Nos. 1 -2. Not represented- Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 232 of 2006. (From the judgment and order dated the 11th December, 2005 passed by the High Court Division in Civil Rule No. 409(R) of 1994 with Civil Rule No. 298(R) of 19......gment and order passed by the High Court Division in Civil Revision No. 230 of 1987. 2. The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for pre-emption in respectiv......ioner Vs. Abdul Huq and others .............Respondents Judgment September 16, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1 -2. ..Category: Property Law | Date: | Hits: 20
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... actively and in accordance with the provisions of the Waqf Ordinance, 1962. The petitioner by way of two registered Waqf deeds dated 08.02.1999 and 08.03.1999 transferred two decimals of valuable land in favour of the aforesaid Waqf Estate from seven decimals out of fifty decimals of land and d......Case is also Reported in: 6 LG (AD) (2009) 105. ......dent No. 2 as Mutwali along with a committee headed by its President Haji Mohiuddin Ahmed. Accordingly a Waqf Inspector prepared a myth biased inquiry report on 05.08.2003. The petitioner submits that this inquiry report was not based upon facts and the same is malafide. The petitioner filed a w...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Safiuddin Ahmed ...........................Petitioner Vs. The Administrator of Waqf and others.........Respondents Judgment December 11, 2007. Cases Re..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....ther submits that the High Court Division erred in not appreciating that if Gulshan and other lakes and open space are allowed to be encroached upon then the environment of Dhaka will suffer. Even a "land hungry" country deserve to be spared being a ghetto. 4. The High Court Division, on considÂ......ssed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......r dated 23.05.2000 passed by the High Court Division in Writ Petition No. 3155 of 1999 discharging the rule with cost of Tk. 5000/-. 2. The Petitioner filed the writ petition stating, inter alia, that the petitioner's mother Mrs. Sukina Nigar Ali wife of Mr. H.T. Ali was allotted Plot No. SE(H)4 ......LG (AD) (2009) 101. ..Category: Property Law | Date: | Hits: 36
Bangladesh CoÂoperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....n having a business establishment. After his death, the respondent-opposite party No.1 being his son, continued tenancy in the shop and carried on business in the shop by paying regular rent to the landlord-society. The respondent-opposite party No.1 stated that the petitioner intentionally ......li, District-Chittagong represented its Manager and constituted Attorney Mohammad Rafiq, son of Late Mawlana Abul Hossen…………..Petitioner Vs. Mohammad Dastagirul Haq, Son of Late Nurul Haq of Permanent Address-Village-Bathua, P.S. Potia, District-Chi........Respondents Judgment May 14, 2008. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-Respondent No. 1. Zahirul Islam, Advocate-on-Record-Respondent No. ...... Md. Abdul Matin J Bangladesh Cooperative Book Society Ltd. Head Office, Niaz Monjil 922, Jublee Road, P.S. Kotwali, District-Chittagong represented its Manager and constituted Attorney Mohammad Rafiq, son of Late Mawlana Abul Hossen…………..Petitioner ..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)
.... 2. The respondents are the Writ Petitioners, they claimed that the property in question belonged to Mrs. Golshan Ali Hijri and Arifabad Co-operative Housing Society purchased 11.85 acres of land by a registered deed of sale dated 15-12-80 from Roshanally M. H. Hijri and three others who w......after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ......ek leave to appeal against the judgment and order passed by a Division Bench of the High Court Division dated 10-12-2001 in Writ Petition No.986 of 2000 making the Rule absolute and declaring that the order passed in Misc. Case No.2103 of 1995 treating the case property as an abandoned prope......i Md. Obaidur Rashid and others……………….Respondents Judgment August 13, 2003. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Abdur Rob ..Category: Property Law | Date: | Hits: 49
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....eal No. 2711 of 1999 (heard with Jail Appeal No. 3181 of 1999). 3. The prosecution case, is brief, is that the deceased Abdul Mannan and informant Abdus Sobhan Howlader were ploughing their land in Mouza-Khodabox Kathi on plot No. 2499 which was acquired in the name of deceased Abdul Mann...... This Case is also Reported in: VI ADC (2009) 169. ......rs Involved: Abdur Rouf, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Khondaker Mahbub Hossain, Senior Advocate, instructed by Mrs. Safia Khatun, Advocate-on-Record-For the Respondents. Not represented-Respondent Nos. 3-50. ......…….. Petitioner Vs. Kalam Talukder and others…..........Respondents Judgment November 18, 2007. Lawyers Involved: Abdur Rouf, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Khondaker Ma..Category: Criminal Law | Date: | Hits: 38
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....er, the petitioner in C.P. No. 1388 of 2005, filed the above Miscellaneous Case No. 28 of 2005 stating that on 20.4.53 Late Golam Nabi Joardar, his predecessor, got settlement of .27 acres of land from the heirs of Nepal Chandra Roy Chowdhury and Aghor Nah Roy Chowdhury, the C.S. recorded t......bi Joarder............Petitioner (In Civil Petition No. 1388 of 2007) Mrs. Hamuza Begum and others….Petitioners (In Civil Petition No. 454 of 2008) Vs. Md. Rafiq alias Abdur Rafiq Khan and others….Respondents (In both Cases) Judgment June 2, ......Judgment June 2, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner (In both cases). Abul Kalam Mainuddin, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For Respondent No.1-2 (In both cases). Not represented-Respo...... Vs. Md. Rafiq alias Abdur Rafiq Khan and others….Respondents (In both Cases) Judgment June 2, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner (In both cases). Abul Kalam Mainuddin, Advocate, instructed by Mrs. S..Category: Property Law | Date: | Hits: 18