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Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....it was filed seeking declaration that the preliminary decree dated July 18, 1988 and the final decree dated August 30, 1989 passed in Title Suit No.42 of 1986 and the possession of the partitioned land obtained through the Title Execution Case No. 10 of 1989 are illegal, void, collusive, null an......o Reported in: V ADC (2008) 759. ......dgment and decree dated March 28, 1995 of the Court of Senior Assistant Judge, Razior, Madaripur in Title Suit No. 26 of 1992 dismissing the same. 2. The suit was filed seeking declaration that the preliminary decree dated July 18, 1988 and the final decree dated August 30, 1989 passed in...... Abdul Mannan Miah and others……………....Respondents Judgment August 2, 2007. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. ..Category: Property Law | Date: | Hits: 25
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....t Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining to R.S. Khatian No.1109 at Mouza Cox's B......y;ed by Ahsanullah Patwary, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent No. 2. Civil Appeal No.112 of 1999 (From the judgment and order dated 10 March, 1999 passed by the High Court Division in Civil Revision No. 3538 of 1993). Judgment ......dents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining to R.S. Khatian No.1109 at Mouza Cox's Bazar as described in the schedule of the plaint, stating inter alia ...... Mostafizur Rahman and others……………........Respondents Judgment January 11, 2005. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Mahmudu..Category: Property Law | Date: | Hits: 29
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....ted Title Suit No.170 of 1992 which subsequently being transferred on two occasions was numbered as the above Title Suit No.71 of 1994, praying for permanent injunction on the averments that the suit land originally belonged to Nowab Court of Wards Estate, Dhaka and C.S. Khatian was accordingly prep......d: N.H. Khandker, Advocate-on-Record-For the Petitioner. Not represented- the Respondents Civil Petition for Leave to Appeal No. 826 of 2005. (From the judgment and order dated 25.5.2005 passed by the High Court Division in Civil Revision No. 196 of 2000). Judgment Md. Tafazzul Isl......ioner instituted Title Suit No.170 of 1992 which subsequently being transferred on two occasions was numbered as the above Title Suit No.71 of 1994, praying for permanent injunction on the averments that the suit land originally belonged to Nowab Court of Wards Estate, Dhaka and C.S. Khatian was acc......690. ..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....sp; decreeing the suit. 2. The plaintiff filed the above suit seeking for declaration that sale deed No.3277 executed on 5.7.1962 and registered on 5.11.1962 in respect of the 'Kha' schedule land is null and void and not binding upon the plaintiff on the averments that he, as the only son ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md.Tafazzul Islam J Fazlur Rahman Sikder...........................Petitioner Vs. Abdul Hashem Howlader & others .........Respondents Judgment August 6, 2006. La......dated 19.8.1997 passed by the learned Assistant Judge, Rajapur, Jhalakati in Title Suit No.59 of 1996 decreeing the suit. 2. The plaintiff filed the above suit seeking for declaration that sale deed No.3277 executed on 5.7.1962 and registered on 5.11.1962 in respect of the 'Kha' sche...............Petitioner Vs. Abdul Hashem Howlader & others .........Respondents Judgment August 6, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave ..Category: Property Law | Date: | Hits: 25
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
.... 2. Short facts are that the petitioner as plaintiff instituted Title Suit No. 22 of 1998 in the 4th Court of Assistant Judge, Dhaka praying for declaration of title by adverse possession to the suit land and for further declaration that the exparte judgment and decree dated 09.08.1990 passed in Tit.........Petitioners Vs. Abdul Hamid & others.....................Respondents Judgment October 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners Subash Chandra Biswas, Advocate-on-Record-For the Respondents Civil Petition for Leave to Appeal No.......o appeal is directed against the judgment and order dated 26.07.2005 passed by a Single Bench of the High Court Division in Civil Revision No.4786 of 1999 discharging the Rule. 2. Short facts are that the petitioner as plaintiff instituted Title Suit No. 22 of 1998 in the 4th Court of Assistant J...... Reza and others.................Petitioners Vs. Abdul Hamid & others.....................Respondents Judgment October 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners Subash Chandra Biswas, Advocate-on-Record-For the Respondents Civil Pe..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
.... The revisional application before the High Court Division was filed under section 115(4) of the Code of Civil Procedure. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint and for further declaring that the compromise......, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1133 of 2005. (From the Judgment and Order dated May 7, 2005 passed by the High Court Division in Civil Revision No. 1748 of 2004). Judgment ......n 115(4) of the Code of Civil Procedure. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint and for further declaring that the compromise decree passed in Title Suit No.69 of 1997 of the Court of Assistant Judge, Sadar......r Vs. Md. Shomrej Ali Mandal and others………Respondents Judgment July 9, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave t..Category: Procedural Law | Date: | Hits: 58
Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
....of Assistant Judge, Dacope, Khulna in Title Suit No.36 of 1998 decreeing the same. The suit was filed seeking a decree for permanent injunction. 2. It was the case of the plaintiff that the land measuring 31.51 acres originally belonged to Bhagirath Mondal and others and the record of rig......Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 236 of 2005. (From the Judgment and Order dated March 8, 2004 passed by the High Court Division in Civil Revision No.60 of 1995) Judgment &nbs......e Court of Assistant Judge, Dacope, Khulna in Title Suit No.36 of 1998 decreeing the same. The suit was filed seeking a decree for permanent injunction. 2. It was the case of the plaintiff that the land measuring 31.51 acres originally belonged to Bhagirath Mondal and others and the recor.........Petitioners Vs. Amena Begum and others .....................Respondents Judgment July 30, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. ..Category: Property Law | Date: | Hits: 21
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
....Senior Assistant Judge, Chowddagram, Comilla in Partition Suit No.135 of 1995 decreeing the suit. 2. The respondent Nos.1-4 instituted the above partition suit on the averments that the suit land originally belonged to Fosi Gazi and after his death his two sons Hamid Ali and Tukku Mia bec......Record-For Respondent Nos. 1-4. Not represented- Respondent Nos. 5-14. Civil Petition for Leave to Appeal No. 954 of 2005. (From the judgment and order dated 28th March, 2005 passed by the High Court Division in Civil Revision No. 3645 of 2002). Judgment ...... the learned Senior Assistant Judge, Chowddagram, Comilla in Partition Suit No.135 of 1995 decreeing the suit. 2. The respondent Nos.1-4 instituted the above partition suit on the averments that the suit land originally belonged to Fosi Gazi and after his death his two sons Hamid Ali and T..................Petitioner Vs. Samsul Hoque and others........................Respondents Judgment July 10, 2006. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Md. N..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....ve, void and not binding upon the plaintiff and the defendants acquired no title and interest by the subsequent cancellation deed and the exchange deed. The case of the plaintiffs is that the suit land belonged to Osman Gani, father of the plaintiff, who transferred the same to his wife Saleha K......, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 16 of 2002.) Judgment ......eal is directed against the judgment and order dated 30.07.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 16 of 2002 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No.33 of 1998 in the Court of Senior Assistant Judge, 3rd Court......hellip;.......Petitioner Vs. Mrs. Meherun Nessa & others ..........Respondents Judgment December 14, 2006. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not repre..Category: Property Law | Date: | Hits: 26
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....ge, Sadar, Chandpur for declaration that V. P. Case Nos. 9,10 and 11 of 1986-87 and V.P. Case No. 5 of 1987-88 filed in the Office of the Upazilla Nirbahi Officer, Chandpur, in respect of the land described in 'Ka' schedule of the plaint are collusive, illegal, without jurisdiction and not ......vocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 940 of 2005. (From the judgment and order dated 5th April, 2005 passed by the High Court Division in Civil Rule No. 155 (con) of 2004). Judgment &......of 1529 days in filing civil revisional application. 2. The respondent Nos.1 and 2 filed Title Suit No.99 of 1991 in the Court of Assistant Judge, Sadar, Chandpur for declaration that V. P. Case Nos. 9,10 and 11 of 1986-87 and V.P. Case No. 5 of 1987-88 filed in the Office of th...............Petitioners Vs. Manindra Kumar Paul and others ........Respondents Judgment August 31, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave ..Category: Procedural Law | Date: | Hits: 68
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....9 in the office of the Sub-Registrar, Narsingdhi is not an exchange deed but the same is out and out a sale deed in respect of Kha schedule property of the plaint stating, inter alia, that the suit land originally belonged to one Sitanath Saha who died leaving three sons, Pran Gopal Saha @ Khhsh......Advocate-on-Record- For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 412 of 2007. (From the judgment and order dated 03.08.2006 passed by the High Court Division in Civil Revision No.5101 of 2000.) Judgment &......urt Division in Civil Revision No. 5101 of 2000 discharging the Rule. 2. The plaintiff instituted Title Suit No.86 of 1989 in the Court of Senior Assistant Judge, Narsingdi for declaration that the registered deed No. 4999 dated 08.07.1989 in the office of the Sub-Registrar, Narsingdhi is......a & another………………………......Respondents Judgment October 3, 2007. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Mah..Category: Property Law | Date: | Hits: 19
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....ted 25.10.1976 executed by Namiran Nessa is illegal, void, inoperative, fraudulent and not binding upon the plaintiffs and also for a preliminary decree for partition stating, inter alia, that the land of S.A. Khatian No.305 of Mouza West Jagatber belonged to Namiruddin and others to the extent ......vocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-22. Civil Petition for Leave to Appeal No. 356 of 2006. (From the judgment and order dated 16.08.2005 passed by the High Court Division in Civil Revision No. 3175 of 2002.) Judgment ......ously with Civil Revision No.3154 of 2002 making the Rules absolute. 2. The plaintiffs of Other Class Suit No.3 of 1999 instituted the suit in the Court of Assistant Judge, Patgram, Lalmonirhat for a declaration that the Wasiatnama dated 25.10.1976 executed by Namiran Nessa is illegal, vo......titioner Vs. Aftaruddin & others......................Respondents Judgment September 9, 2007. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not ..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....e Court of Assistant Judge, Faridganj in Title Suit No.19 of 1978 is fraudulent, illegal and not binding upon the plaintiffs. As it appears the said decree was obtained in respect of 6.28 acres of land. Title Suit No.581 of 1984 was filed by the predecessor of the Opposite Party Nos. 1(a-h), 2-7......nt Nos. 1, 2, 9-12. Not represented- Respondent Nos. 3-8 & 13-17. Civil Petition for Leave to Appeal No. 1685 of 2003. (From the Judgment and Order dated June 29, 2003 passed by the High Court Division in Civil Revision No. 46 of 2000) Judgment &nb......ment and decree dated March 19, 1989 of the Court of Assistant Judge, Faridganj, Chandpur in Title Suit No.581 of 1984 decreeing the suit in part. 2. The suit was filed seeking declaration that the judgment and decree dated September 25, 1978 of the Court of Assistant Judge, Faridganj in ......hers ........Petitioners Vs. Md. Siddiqur Rahman Patwari and others ........Respondents Judgment March 14, 2007. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Syed Mahbubar Rahman,Advocate-on-record-For the Petitioners. Md. ..Category: Property Law | Date: | Hits: 20
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....r instituted Miscellaneous Case No. 13 of 1995 under section 96 of the State Acquisition and Tenancy Act, 1950, in the Court of Assistant Judge, Sonatola, Bogra for preemption of the case land stating, inter alia, that the case land originally belonged to Khairuddin Mondal, Azizur Rahma......ocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-54. Civil Petition for Leave to Appeal No. 873 of 2005. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Civil Revision No.1364 of 2002.) Judgment &n...... directed against the judgment and order dated 15.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 1364 of 2002 making the Rule absolute. 2. Short facts are that the pre-emptor instituted Miscellaneous Case No. 13 of 1995 under section 96 of the State.............................Petitioner Vs. Md. Anwarul Islam & others..........Respondents Judgment December 14, 2006. Lawyers Involved: Shaheed Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. J. N. ..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....No.1 as pre-emptor filed a Miscellaneous Case No. 34 of 1998 under Section 96 of the State Acquisition and Tenancy Act in the Court of the learned Assistant Judge, Bogra for getting pre-empted the land transferred by the preemptee Nos. 2-4 in favour of pre-emptee by a kabala deed dated 22.05.199......atun................Petitioner Vs. Md. Afzal Hossain Prang. and others……………..........Respondents Judgment September 9, 2007. Cases Referred To- Haji Tajamal Ali-vs-Abdus Sattar and another 2BCR (AD) 317; 2BCR (AD) 317......V ADC (2008) 646. ......007. Cases Referred To- Haji Tajamal Ali-vs-Abdus Sattar and another 2BCR (AD) 317; 2BCR (AD) 317; 34 DLR (AD) 217. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent Nos. 1-2 ..Category: Property Law | Date: | Hits: 21
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
.... decree dated July 12, 1999 of the 6th Court of Assistant Judge, Dhaka in Title Suit No.129 of 1999 dismissing the same. 2. The suit was filed seeking declaration of lease hold right in the land in suit and for cancellation of the lease deed made in favour of the defendant No.1 by the def......am, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 872 of 2005. (From the Judgment and Order dated April 19, 2005 passed by the High Court Division in Civil Revision No. 1910 of 2003). Judgment ...... filed seeking declaration of lease hold right in the land in suit and for cancellation of the lease deed made in favour of the defendant No.1 by the defendant No.2. 3. Facts, in short, are that land in suit was acquired by purchase by Md. Amanullah, predecessor of the plaintiffs, from th......ip;……Petitioner Vs. Iqbal Ahmed and others .........Respondents Judgment August 28, 2006. Lawyers Involved: Md. Waliul Islam, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Ap..Category: Property Law | Date: | Hits: 30
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....dure (CPC) seeking setting aside of the ex parte decree dated September 26,1983 passed in Title Suit No. 849 of 1979. 2. The suit was filed seeking declaration of title in respect of 4.69 acres of land and confirmation of possession as to part of the land in suit and recovery of possession as to ...... Mahbubur Rahman, Advocate-on-Record— For Respondent Nos. 1-5. Not represented—For Respondent Nos. 6-57. Civil Appeal No. 2 of 2002. (From the Judgment and Order dated December 2, 1997 passed by the High Court Division in Civil Revision No. 3504 of 1991). Judgment Md. Ruhul Ami...... of land and confirmation of possession as to part of the land in suit and recovery of possession as to part of the property in suit and for permanent injunction. The suit was filed making averments that land measuring 5.04 acres belonged to and possessed by Zinder Sheikh and Harun Sheikh and in the......Bibi and others... ....................Appellants Vs. Rabeya Begum and others.................Respondents Judgment April 6, 2006. Lawyers Involved: AKM Shahidul Huq, Advocate-on-Record—For the Appellants. Syed Mahbubur Rahman, Advocate-on-Record— For Respondent Nos. 1-5. ..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....absolute. 2. Short facts are that the writ petitioner-respondent Nos. 1 and 2 filed the writ petition challenging the order passed by the petitioners refusing to release the excess and unutilised land measuring 54 decimals acquired in LA Case No. 83 of 1960-1961 in compliance with the decision o...... without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......ve is directed against the judgment and order dated 31-8-1997 passed by a Division Bench of the High Court Division in Writ Petition No. 1804 of 1994 making the Rule absolute. 2. Short facts are that the writ petitioner-respondent Nos. 1 and 2 filed the writ petition challenging the order passed......angladesh, 1997 BLD (AD) 321=50 DLR (AD) 11; Ameer Hossain (Md) and others vs. Secretary, Ministry of Land, Bangladesh Secretariat and others, 7 BLC 689. Lawyers Involved: AJ Mohammad Ali, Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Appellants. Khandker Mahbub..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
..... SM Hasan did not execute and register the deed in favour of the respondent he was constrained to file Title Suit No. 528 of 1978 on 2-10-1978 for the specific performance of contract for sale of land, that the summons of the said suit was served on the defendants including the Government of Ba......squo;s Republic of People’s Republic of Bangladesh.......... Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government o......ng inclusion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unlawful and without lawful authority. 2. Facts, in short, are that the property in question was owned by one Mr. SM Hasan who got the same by lease deed dated Ma......ent of Bangladesh vs. Md Jalil and others, 49 DLR (AD) 26; Ayesha Salahuddin vs. Chairman, Second Labour Court and another, 32 DLR (AD) 68. Lawyers Involved: MA Azim Khair, Deputy Attorney-General instructed by Mvi Md Wahidullah, Advocate-on-Record—For the Appellants. ..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
....oid and not binding upon the plaintiff. In the suit, it has been stated that the defendant fisheries, a Public Ltd Co applied to the government for long term lease of 155.39 acres of non-agricultural land for fish cultivation in scientific way; that after enquiries and observing all formalities the ......r as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......preferred this appeal against the judgment and order dated 7-7-2003 passed by the High Court Division in First Appeal No. 456 of 2000 dismissing the appeal. 2. The facts leading to the appeal are that the appellant as the plaintiff instituted Other Class Suit No.12 of 1996 for declaration that th...... Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner-Cum-Collector..................Appellant Vs Megha Fisheries Ltd... ..............Respondent Judgment ..Category: Property Law | Date: | Hits: 41
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