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Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....he Court of learned Assistant judge, Khulna for a declaration that a letter under memo No.105/86-88-9420 dated 05.01.1989 issued by the defendant respondent No.1 herein refusing to return the land described in the schedule of the plaint to them is illegal, void etc. and that the plaintiffs ......r, Advocate-on-Record-For the Respondents. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No.1547 of 2006. (From the judgment and order dated 05.01.2006 passed by the High Court Division in Civil Revision No. 2372 of 1993.) Judgment &......na in Title Appeal No.122 of 1990 affirming those dated 31.03.1990 passed by the learned Assistant Judge, Khulna in Title Suit No. 28 of 1989 decreeing the suit. 2. The facts, in short, are that the petitioners as plaintiffs instituted the Title Suit No. 28 of 1989 in the Court of lea...... (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Sheikh Abul Hossain and others ……........Petitioners Vs. Khulna Development Authority represented by its Chairman, Upper Jessore Road, K.D.A. Building, Khulna and others&hel..Category: Property Law | Date: | Hits: 26
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....ischarging the Rule holding that the petitioner failed to prove by adducing any material that the case property, is not an abandoned property. 2. The appellant's case, in brief, is that the case land originally belonged to A. M. Nasiruddin, son of A. M.A. Wadud, who sold out the same to one S.M......ny order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......ent Md. Hassan Ameen J. - This appeal upon leave is directed against the judgment and order of the High Court Division dated 05-11-1998 in Writ Petition 5629 of 1996 discharging the Rule holding that the petitioner failed to prove by adducing any material that the case property, is not an aban......nul Abedin J Md. Hassan Ameen J Md. Harun-Or-Rashid…….........Appellant Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Dhaka and others………..........Respondents Judgment May 22, 2008. Lawyers Involv..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....Suit No.53 of 1994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No. 53 of 1994 stating, inter alia, that 718 acre of land belonged to Abdul Hakim Hawlader, that there are 4 huts in the said land, that he died leavin......rt Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Joynul Abedin J Mostafa Kamal..........................Appellant Vs. Md. Nasir Ahmed and others. ......Respondents Judgment May 27, 2008. Case Referred ......o.66 of 1998 reversing those dated 28.07.1998 of the Assistant Judge, Borhanuddin Upazila Bhola, in Title Suit No.53 of 1994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No. 53 of 1994 stating, inter alia, that 718 ...... Judgment May 27, 2008. Case Referred To- 31 DLR (AD) 320. Lawyers Involved: Md. Khalilur Rahman, Advocate instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Appellant. Abdus Salam Khan, Senior Advocate, instructed by Mvi. Md. Wahidullah..Category: Property Law | Date: | Hits: 23
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....f Akhlasur Rahman and others vs. Safarullah and others reported in 42 DLR (AD) 189. The words 'waiver' and 'acquiescence' and the abandonment of the writ was aptly considered in Halsbury's Laws of England, 3rd Edition, Volume 14, page 637 wherein it is stated that "Wavier, is the abandonment of the ......d. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......against the judgment and order dated 16.08.2000 passed by the High Court Division in Writ Petition No. 1236 of 1997 making the Rule absolute. 2. The case of respondent No.1 as writ petitioner was that while serving in Bangladesh Army he applied for allotment of a plot in Johar-sahara residential ......lso Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....g 2.50 acres of Plot Nos. 342 and 381 being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appellants to drop the ......ents (In Civil Appeal No. 136 of 2000) Khawja Md. Arifullah & others......Respondents (In Civil Appeal Nos.137-138 of 2000) Judgment August 8, 2008. Cases Referred To- Alauddin Khanker (Md.) Vs. Secretary, Ministry of Land and others, 4......after called the case land as without lawful authority and for a direction on the writ-respondent appellants to drop the said proceeding. 3. The Common case of the writ petitioners is that the Government has already acquired their other lands for the construction of Dhaka-Chittagong...... Alauddin Khanker (Md.) Vs. Secretary, Ministry of Land and others, 4 BLC (AD) 25; Bangladesh Vs. Golam Azam 46 DLR (AD). Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant. (In Civil Appeal N..Category: Property Law | Date: | Hits: 42
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....0 of 2001 discharging the Rule. 2. The plaintiff instituted Title Suit No.147 of 1998 in the Court of Senior Assistant Judge, Additional Court, Jhenaidah for declaration of title in the suit land described in the schedule of the plaint stating, inter alia, that the land of C.S. Khatian No......wab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Petition for Leave to Appeal No. 210 of 2006. (From the judgment and order dated 07.12.2005 passed by the High Court Division in Civil Revision No.3090 of 2001.) Judgment &n......itle Suit No.147 of 1998 in the Court of Senior Assistant Judge, Additional Court, Jhenaidah for declaration of title in the suit land described in the schedule of the plaint stating, inter alia, that the land of C.S. Khatian No.781 belonged to one Golam Ali and Basarat Ali having equal shares ...... Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Ayub Ali ……………….Petitioner Vs. Ali Akbor @ Khoda Boksha & others……......Respondents Judgment September 1..Category: Property Law | Date: | Hits: 22
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
.... for 3 years rigorous imprisonment under section 324 of the Penal Code of causing injury to P.W.2 Ashraf Ali. 2. The prosecution case, in brief, is that the informant (P.W.1) purchased part of the land of plot No.158 and used to get the same cultivated by her brother Mohammad Ali. On the date of ....... Wahidullah, Advocate-on-record-For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Criminal Appeal No.18 of 2001 (From the Judgment and order dated 03.12.1995 passed by the High Court Division in Criminal Appeal No. 1056 of 1990) Judgment Md. Joynul Abe...... Code and confirming his conviction and sentence for 3 years rigorous imprisonment under section 324 of the Penal Code of causing injury to P.W.2 Ashraf Ali. 2. The prosecution case, in brief, is that the informant (P.W.1) purchased part of the land of plot No.158 and used to get the same cultiva......in J The State ……………………….Appellant Vs. Md. Wazed Ali & another…….......Respondents Judgment August 7, 2008. Lawyers Involved: Abdur Rouf Mia, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Appellant. Nurul Isl..Category: Criminal Law | Date: | Hits: 38
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....ted plot Nos. 1642 and 1643 along with one Haji Abdur Raquib and they became the owner of the plot of Dag No. 1642 by way of jote settlement and of plot in Dag No.1643 by way of possessing the said land jointly in equal shares and subsequently Haji Abdur Raquib transferred his 8 annas share to t......ADC (2008) 970. ......urt, Sylhet in Title Appeal No.10 of 2000 affirming those dated 18.11.1999 of the learned Subordinate Judge, 3rd Court, Sylhet in Title Suit No. 195 of 1994. 2. The case of the plaintiff is that the owner of the disputed plot Nos. 1642 and 1643 along with one Haji Abdur Raquib and they be...... Misbah Abedin..........Petitioner Vs. Muzmmil Ali and others…...... Respondents Judgment November15, 2007. Lawyers Involved: Mahmudul Islam, Senior Advocate with Abdul Quiyum, Probir Neogi, Advocates instructed by Syed Mahbubur Rahman, Advocate..Category: Property Law | Date: | Hits: 29
Abdul Karim alias M.A. Karim Vs. Nurun Nabi Mullah and others, 2006, 35 CLC (AD)
....6 of 2004 allowing the same. 2. The learned Counsel for the petitioner seeking review upon making submission that upon requisition the requiring body is not supposed to utilize the land requisitioned till there has been acquisition of the requisitioned land. No other submiss......DC (2008) 966. ......rected against the judgment dated January 12, 2005 in Civil Appeal No.46 of 2004 allowing the same. 2. The learned Counsel for the petitioner seeking review upon making submission that upon requisition the requiring body is not supposed to utilize the land requisitioned till ther...... M.A. Karim .............Petitioner Vs. Nurun Nabi Mullah and others ........Respondent Judgment November 29, 2006. Lawyers Involved: Faruque Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-record-For the Petitioner. Not r..Category: Property Law | Date: | Hits: 34
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
.... directed against the judgment and order dated 23.08.2005 passed by the High Court Division in Writ Petition No. 4503 of 2003 discharging the Rule. 2. Short facts are that the disputed land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted to Abu Mohammad Eja......ul Islam Talukder, Advocate-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 344 of 2006. (From the judgment and order dated 23.08.2005 passed by the High Court Division in Writ Petition No. 4503 of 2003.) Judgment &......leave to appeal is directed against the judgment and order dated 23.08.2005 passed by the High Court Division in Writ Petition No. 4503 of 2003 discharging the Rule. 2. Short facts are that the disputed land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted t......ent Division, Bangladesh Secretariat, Dhaka & others ...................Respondents Judgment January 23, 2008. Lawyers Involved: Md. Nazrul Islam Talukder, Advocate-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal N..Category: Property Law | Date: | Hits: 21
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
...., that the respondent and his brother Abdul Quddus a former tenant and subsequently owner by purchase of another shop adjacent to the suit shop in the year 1962 with prior consent of the then landlord removed the partition wall and started joint business in the name and style "Mot......osts. Ed. This Case is also Reported in: V ADC (2008) 954. ......Case is also Reported in: V ADC (2008) 954. ......lip;……………Appellant Vs. Abdul Khaleque ........Respondent Judgment November 11, 2003. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Appellant. Ayn..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... 1996 in the court of the learned Senior Assistant Judge, Sadar, Mymensingh for correction of two registered deed dated 5.6.1986 or in the alternative for declaration of title in the suit land alleging, inter alia, that the suit land originally belonged to Sree Jogesh Chandra and Sree ......te-on-Record-For Respondent No. 1. Not represented- For Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 1146 of 2006. (From the judgment and order dated 12.04.2006 passed by the High Court Division in Civil Revision No. 4389 of 2002.) Judgment ......8) 952. ...... This Case is also Reported in: V ADC (2008) 952. ..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
.... the compromise decree dated 25-10-1998 of Title Appeal No. 251 of 1996 passed by the Subordinate Judge (now Joint District Judge) Rajshahi and also for a declaration of title stating that the suit land originally belonged to Nitai, Gopal, Nirmal, Ajit, Krishnapada and Subhadra Rani, who sold the......08) 948. ......ated 30th January, 2006 passed by a Division Bench of the High Court Division in Civil Revision No.2721 of 2003 allowing the application. 2. Facts, leading to this petition, are that the respondent Nos.1 and 2 filed a suit being Other Class Suit No. 102 of 1991 in the 1st Court......lip;……………. .......Respondents Judgment October 2, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners Respondents-Not Represented. Civil Petition for ..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....by a Division Bench of the High Court Division in Civil Revision No. 243 of 1987 discharging the rule. 2. The case of the plaintiff, in short, is that the suit jama appertains 25 decimals of land originally belonged to Banomali Das to the extent of eight anas share, Ramesh Chandra Das to t...... V ADC (2008) 944. ......judgment and order dated 25.10.2005 passed by a Division Bench of the High Court Division in Civil Revision No. 243 of 1987 discharging the rule. 2. The case of the plaintiff, in short, is that the suit jama appertains 25 decimals of land originally belonged to Banomali Das to the extent ...... Vs. Santosh Chandra Roy and others ………………Respondents Judgment November 18, 2007. Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. ..Category: Property Law | Date: | Hits: 23
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....n No. 2464 of 2000 discharging the Rule. 2. The case of the petitioner is that he is a businessman and carries on business of import of different merchandise from abroad and for import of Grey Portland Cement Indonesia opened a Letter of Credit on 19.01.2000 for 10.000 metric tons 'Seven Ring' Gr......d. This Case is also Reported in: V ADC (2008) 917. ......petitioner is directed against the judgment and order dated 11.02.2002 passed by the High Court Division in Writ Petition No. 2464 of 2000 discharging the Rule. 2. The case of the petitioner is that he is a businessman and carries on business of import of different merchandise from abroad and f......: V ADC (2008) 917. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....tal and thus he was earning a lot of money. The respondent No.1 also managed a job in the Motijheel Central Government Dispensary as Medical Officer and that the appellant purchased a plot of land measuring 5 kathas together with one-storied building at Pallabi being Plot No. 4, Block 1/A f......in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ...... (1886) 13 1A 160; Ram Narain vs. Md. Hadi (1898) 26 1A 38; Daulat Chandra Gope vs. Monowara Begum, 1996 BLD (AD) 251; Md. Ali Akhand vs. Shalan Nessa, 1998 BLD (AD) 50 = 3 BLC (AD) 177; Dr. Rezia Khatun vs. Bhanu Guha 1986 BLD (AD) 135; Bilas Kunwar vs. Desraj Ranjit Sing, 42 IA. 202; Probodh Ra......pellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgm..Category: Procedural Law | Date: | Hits: 173
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.....S. Khatian No.96 containing 19 plots including Plot No.800 measuring .70 acres, that Sheikh Jabbar Ali's share was ½ and Abed Ali's share was 1/12 in the said khatian and that .52 acres of land as P.S. and S.A Plot No. 979 had been in exclusive possession of Sheikh Jabbar Ali and P.S. Kh......sed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......o 5 as plaintiffs instituted Title Suit No. 86 of 1992 for declaration of title and khas possession which was renumbered as Title Suit No. 21 of 1994. 3. The plaintiff's case, in short, is that Sheikh Jabbar Ali, Abed Ali and 4 others were recorded tenants in C.S. Khatian No.96 containing.......................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January 31, 2007. Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioner. Not re..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....t Judge, Dagan-bhuiyan, Feni in Title Suit No. 84 of 1987 dismissing the same. 2. The suit was filed seeking declaration of title and for khas possession upon removing the structures in the land in suit. 3. The suit was filed averring that the land in suit belonged to plaintiff's p......rs............................Respondents Judgment November 16, 2006. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Md. Aftab Hossain, Advocate-on-record—For the Respondent No.......1987 dismissing the same. 2. The suit was filed seeking declaration of title and for khas possession upon removing the structures in the land in suit. 3. The suit was filed averring that the land in suit belonged to plaintiff's predecessor and that after the death of his father pl......public of Bangladesh, represented by the Deputy Commissioner, Feni and anr………………………Petitioners Vs. Sultan Ahmed and ors............................Respondents Judgment November 16, 2006. Lawye..Category: Property Law | Date: | Hits: 25
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....ior Assistant Judge Lohagara, Narail in Title Suit No. 38 of 1984 dismissing the same. 3. The suit was filed seeking declaration of title, confirmation of possession and for partition of the land described in the schedule attached to the plaint. 4. It was the case of the plaintiff ...... MM Ruhul Amin J Md Abdul Matin J Daliluddin Sheikh and others.........................Petitioners Vs Alek Sheikh alias Abdul Malek Sheikh and others............Respondents Judgment March 27, 2008. ...... suit was filed seeking declaration of title, confirmation of possession and for partition of the land described in the schedule attached to the plaint. 4. It was the case of the plaintiff that the 'Ka' and 'Kha' schedule land belonged to Faizuddin, father of the plaintiff Nos.1 and 2 and......eikh alias Abdul Malek Sheikh and others............Respondents Judgment March 27, 2008. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record—For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Abdul Kas..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....ial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land which he acquired by auction-purchase in a certificate sale and also by inheritance from the ...... BLD (AD) 2009, 43. ......d thus decreeing the suit by setting aside the judgment and decree passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kalia...... Vs. Abdus Sabur & others...........Respondents Judgment June 11, 2008. Cases Referred To- Abdul Jalil vs. Khorshed Ali 27 DLR (AD) 143; Rajendra Nath Shaha vs. Sonaullah 42 DLR 393. Lawyers Involved: ..Category: Property Law | Date: | Hits: 42
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