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Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....ahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land measuring 0.04 acres from Plot No. 50 in old Khatian N...... (Civil) Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Badal Chandra Das and others.....................Appellants Vs. Amena Khatun………&...... Aziz J Amirul Kabir Chowdhury J Badal Chandra Das and others.....................Appellants Vs. Amena Khatun……………………………&hellip......nbsp; April 5, 2005. Case Referred To- Shree Sudhir Chandra Das vs. Amena Khatun and others. Lawyers Involved AJ Mohammad Ali, Senior Advocate, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—Appellants...

Category: Property Law | Date: | Hits: 25

Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)

....t against Abul Kashem Howlader only and the same is not binding upon him. 2. The plaintiff filed the suit for declaration of title and correction of record of right in respect of suit land stating, inter alia, that 12 annas share of Kayem Karsha Gour Kishore Howlader was recorded i......ication. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ...... to appeal against the impugned judgment decree dated 9-5-2001 passed by the High Court Division in Second Appeal No. 548 of 1978 disposing of the appeal with observation and finding, inter alia, that the present suit has been filed by Abul Kashem Howlader only, so the portion of the judgment of......Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J M.A. Aziz J Abul Kashem Howlader & ors……………………………..Petitio..

Category: Property Law | Date: | Hits: 102

ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)

....first information report, followed by enquiry and investigation, followed by filing of charge sheet (or final report) and eventually after a trial in a court of law in accordance with the laws of the land. He submits that the High Court Division committed an error of law, inasmuch as the High Court ......26 of the Act. ......he writ petitioner to submit a complete statement of her property and sources of her income does not offend her right guaranteed under Article 35(4) of the Constitution as the notice did not suggest that she was made an accused in any criminal case or compelled to give evidence against her.………......e Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others.............Appellants-Petitioners (In all cases) Vs. Sheikh H..

Category: Anti-Corruption Laws | Date: | Hits: 144

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....er expiry of the initial lease term another lease agreement dated June 10, 1957 was entered into and the rent was enhanced to TK.100/-; that defendant No.1’s father on obtaining permission from the landlady, i.e. present plaintiff’s mother, constructed hut spending TK.2,000/- and although landla......d. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......payment of rent as well as on the ground of bonafide requirement of the premises for her own use and occupation upon construction of a modern residential house. 2. Plaintiffs case, inter alia, is that she has become the owner of the premises in suit on the basis of gift made by her mother and the......d To- 40 DLR (AD) 1; 1984 BLD (AD) 298; 33 DLR (AD) 55; 41 DLR (AD) 89; 31 DLR (AD) 183; 43 DLR (AD), 225; (2000) 5 MLR (AD), 295 PLD 2000 (SC) 829. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record- For the Appellant A.K.M. Abdul Hak..

Category: Tenancy Law | Date: | Hits: 169

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....he case properties. 3. Respondent No. 1 in affidavit-in-opposition contended, inter alia, that Mokter Ahmed Ansari and Peshkar Ahmed Ansari were two brothers who on 22.02.1960 purchased the lands question by two registered deeds from one Babu Kader Nath and thereafter constructed two apar......ellip;………....Appellants Vs. Ali Akber Ansari……………………Respondent Judgment April 25,2004. Cases Referred To- Muhammad Chiragh-uddin Bhatti Vs. the Province of West Pakistan Supreme Co...... Vs. Ali Akber Ansari……………………Respondent Judgment April 25,2004. Cases Referred To- Muhammad Chiragh-uddin Bhatti Vs. the Province of West Pakistan Supreme Court Monthly Review, 1971, 447; Daryao and others......llate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represent the Secretary, Ministry of Works and others…………....Appellants Vs. Ali Akber Ansari&hel..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

..... 2. Short facts are that the respondents predecessor filed Title Suit No. 208 of 1984 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration of title in the land described in the schedule of the plaint and for further declaration that the Memo No.560 dated......ul Amin J Md. Tafazzul Islam J Bangladesh, represented by the Deputy Commissioner, Dhaka & others.....Appellants Vs. Shamirunnessa Bibi, being dead her heirs:-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. ...... Chairman, National Board of Revenue, Dhaka Vs. Nasrin Banu and 5 others, 48 DLR (AD) 171. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-On–Record- For the Appellants. T.H. Khan, Senior Advocate, ( Enayetur...... Vs. Shamirunnessa Bibi, being dead her heirs:-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. Vs..

Category: Property Law | Date: | Hits: 25

Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)

....7 and Miscellaneous Case No. 32 of 1986 subsequently renumbered as Miscellaneous Case No.41 of 1976 respectively against the common pre-emptee, Md. Nurul Haque Howlader for pre-emption of the case lands (18½+.13+ 21¼ decimals) measuring in total .53 decimals of land sold unde......esent: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Sushil Kumar Ghose & another………………Petitioner (In all the cases) Vs Md. Nurul Howlader & others......Respondents (In all the cases) J......dgment and order dated 09.02.2003 passed by a Single Bench of the High Court Division in Civil Revision Nos. 2218, 2219 & 2220 of 1991 making all the Rules absolute. 2. Shorts facts are that the pre-emptor instituted pre-emption Miscellaneous Case No. 5 of 1986 subsequently renumbered......he cases) Vs Md. Nurul Howlader & others......Respondents (In all the cases) Judgment July 30, 2005. Lawyers Involved: Md. Aftab Hossain Advocate-on-Record-For the Petitioners (In all the cases) Bivash Chandra Biswas, Advocate-on-Record-For Res..

Category: Property Law | Date: | Hits: 25

Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)

....Senior Assistant Judge, Barisal for a decree for partition with a prayer for declaration that the kabala dated 23.12.1920 in favour of the defendant is void stating, inter alia, that 60 decimals of land of Mouza kashipur under R.S. Khatian No. 2044 P.S. Barisal Sadar belonged to Nasaruddin in 16......te-on-Record-For Respondent Nos. 1-2. Not represented-Respondents Nos. 3-39. Civil Petition For Leave to Appeal No. 978 of 2004. (From the judgment and order dated 04.04.2004 passed by the High Court Division in Civil Revision No. 899 of 1998). Judgment &n......al is directed against the judgment and order dated 04.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 899 of 1998 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 272 of 1987 in the court of Senior Assistant Judge, Ba......;..Petitioner. Vs. Helaluddin Howlader & others………..Respondents. Judgment November 29, 2004. Lawyers Involved: Dr. M. Zahir, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Aftab..

Category: Property Law | Date: | Hits: 25

M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)

....t District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of notice on 30.10.1965. 2. The appellant filed the case ......s Case is also Reported in: 61 DLR (AD)(2009) 1. ...... to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of notice on 30.10.1965. 2. The appellant filed the case stating, inter-alia, that the appellant made written bainanama on 31.10.1963 with the original owners for purchase of 16.......100, Bangladesh vs. Abdul Khaleque and others, (1977) 29 DLR (SC) 110, 23 DLR (AD) 25, Abdul Gafur Khan vs. Bangladesh and others, 42 DLR(AD) 99. Lawyers Involved: Rafiqul Islam, Senior Advocate, Md. Nawab Ali, Advocate-on-Record- For the Appellants (In both the appeals). T...

Category: Property Law | Date: | Hits: 37

Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)

....Rule absolute. 2. The plaintiff instituted Title Suit No. 179 of 1990 in the Court of Assistant Judge, Additional Court No.1, Khulna for a decree for partition stating, inter alia, that the land of the said jote belonged to Ismail Sk. Hashem Sk. Jobed Sk. Wakhiluddin Sk. to the extent of ......ate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-18. Civil Petition for Leave to Appeal No. 218 of 2006. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 4274 of 1994). Judgment &......@ Wahed Ali Sheikh (being dead his heirs: 1 (a) Must. Bulbulzan @ Jahan & others………………………Petitioner Vs. Must. Hazera Khatoon & Others……………….Respondents Judgment ...... Must. Hazera Khatoon & Others……………….Respondents Judgment September 13, 2007. Lawyers Involved: Mahbubuey Alam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Md. Na..

Category: Property Law | Date: | Hits: 26

Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

....e for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, Nawabganj, Dhaka and was renumbered as Title Suit No.132 of 1997. The plaintiffs alleged that the suit land, as described in schedule 'ka' to the plaint, belonged to one Alep Khan who died leaving behin...... (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Md. Nasirullah being dead his Heirs: Musammat Jaigun...... for a decree for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, Nawabganj, Dhaka and was renumbered as Title Suit No.132 of 1997. The plaintiffs alleged that the suit land, as described in schedule 'ka' to the plaint, belonged to one Alep Khan who died ......hellip;…..Respondents Judgment September 26, 2007. Case Referred To- Abu Bakkar Vs. Nazir Ahmed 34 DLR (AD) 237. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. A. A ..

Category: Property Law | Date: | Hits: 41

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....laintiff instituted Title Suit No. 214 of 1973 which was subsequently renumbered as Title Suit No. 47 of 1987 for declaration of title and recovery of khas possession in respect of 2nd schedule land and the 3ld schedule huts standing on the 2nd schedule land which is a part of the 1st schedule......Karim J M. M. Ruhul Amin J Sufia Begum & Others………………..Appellants Vs. Md. Tariqul Islam & Another………………Respondents Judgment September 12, 2007. Case referred to- 44 DLR (AD) 100. Lawyers Involved: Mohammad Ullah, Advocate instructed b......on of title and recovery of khas possession in respect of 2nd schedule land and the 3ld schedule huts standing on the 2nd schedule land which is a part of the 1st schedule land stating inter alia, that 1st schedule land, under mouza Dharmapur within P.S.Kotwali District Comilla, measuring 67 dec......�………Respondents Judgment September 12, 2007. Case referred to- 44 DLR (AD) 100. Lawyers Involved: Mohammad Ullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Appellants A.J. Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocat..

Category: Tenancy Law | Date: | Hits: 141

Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)

.... Commissioner (Land), Sylhet, Sadar upon inquiry and the inquiry was held and the Assistant Officer, Land, Chak Sultanpur Union, Land Officer, Sylhet Sadar submitted a report to the effect that the land belonging to the petitioner comprising plot No. 840 has been declared an enemy property i...... Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Achyutananda Das..................................er Vs. Government of Bangladesh, represented by Secretary, Ministry of Land ...............Respondents Judgment October 29, 2007. Lawyers Involved: Sufia Khatun, Advocate-on-Record—For the Petitioner. Not represented—the Respondents. ......Government of Bangladesh, represented by Secretary, Ministry of Land ...............Respondents Judgment October 29, 2007. Lawyers Involved: Sufia Khatun, Advocate-on-Record—For the Petitioner. Not represented—the Respondents. Civil Petition ..

Category: Property Law | Date: | Hits: 54

Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)

....dar, Barisal passed in Title Suit No. 189 of 1991, decreeing the suit. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and also for declaration that the ......; June 10, 2008. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Zahangir, Advocate-on-Record—For the Petitioners. Khan Saifur Rahman, Senior Advocate, instructed by Md. Nawab Ali, ......, Barisal Sadar, Barisal passed in Title Suit No. 189 of 1991, decreeing the suit. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and also for declarat...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Morium Begum and others.........Petitioners Vs. Durga Matha and others............Resp..

Category: Property Law | Date: | Hits: 26

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....us Case No. 273 of 1974 for setting aside the ex parte decree obtained by one Afseruddin Ahmed in Title Suit No. 99 of 1967 and obtained a decree and in execution thereof got possession of the suit land through Court and since then he has been in exclusive possession of the suit land. The plaint......sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ...... the petitioners from dispossessing him forcibly from the suit property and of taking any possession thereof and also from disturbing him with his peaceful possession therein stating, inter alia, that his father, Abdur Rahman acquired the suit property from the Industrial Corporation Limite...... Abul Hashem 47 DLR (AD) 6; Abdul Barek Mia vs. ABM Serajul Islam 20 DLR 501; Abdul Jalil Munshi vs. Abu Bakr Siddique 35 DLR (AD) 42. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Abu Siddique, Advocate-on-Record— For the Respondent. ..

Category: Property Law | Date: | Hits: 25

Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)

....ment, nor the petitioner produced before the Court any bills showing payment of utility rates and taxes by Asgar All from February 28, 1972 till 1979 when Akbar Ali is said to have transferred the land to Mrs. Moriam Begum. It may also be mentioned no material was placed before the Court of Sett......008) 125. ......ing the listing of the property in question as abandoned property. It may be mentioned the property has been listed in the 'kha' list of the abandoned property. 2. The facts, in short, are that property in question was allotted to one Asgar Ali, who was a refugee from India, in 1958, tha......Abandoned Buildings and another ……………………Respondents Judgment April 4, 2007. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. ..

Category: Property Law | Date: | Hits: 21

Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)

....e to a wrong conclusion and committed illegally in the decision; that the suit property is a debotter property and many people come there for Puja Archana and there is a Mandir situated in the suit land and daily Seba Puja is going on and deity on Modon Mohan Goura Netai arid Sree Sree Kali Mata......is also Reported in: 16 BLT (AD) (2008) 231. ...... Joint District Judge, Additional Court in Title Suit No. 217 of 2003 rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts of the case, in short, are that the respondent No. 1 as plaintiff having filed Title Suit No.405 of 1984 before the Sub Judge, ......hellip;………..Respondent Judgment February 4, 2008. Lawyers Involved: Harandra Nath Nandi, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. T. H. Khan, Senior Advocate, instructed by A.K.M Shahidul Huq, Adv..

Category: Civil Law | Date: | Hits: 100

Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)

....f (now Assistant Judge), Monirampur Upazilla, Jessore, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule. 2. The plaintiff-Respondent Nos.1-10 filed the suit st......- This appeal, by leave, is against the judgment and order dated March 27, 1997 of a Single Bench of the High Court Division in Civil Revision No.7646 of 1991 making the Rule absolute upon setting aside the judgment and decree dated February 19, 1991 of the Court of District Judge, Jessore, in T......t was filed for declaration of title and for confirmation of possession in the land described in the schedule. 2. The plaintiff-Respondent Nos.1-10 filed the suit stating, inter alia, that the land in suit measuring 4.08 acres of C.S. Khatian No.876 corresponding to S.A. Khatian No.1...... Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh ……….....Appellant Vs. Ershad Ali Moral and others …………....Respondents Judgment January 11, 2..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)

....ctober 27, 1986 published, in the Bangladesh Gazette on November 6, 1986 making correction of the Gazette Notification published in the Bangladesh Gazette on August 11, 19-83 acquiring 45 decimals of land out of 51 decimals of land of Plot No. 1009. Correction was made to the effect that in the Gaze...... No. 100 of 2000 Judgment Md. Ruhul Amin, J. - The appeal, by leave, is against the judgment of the High Court Division dated May 19, 1998 in Writ Petition No.690 of 1987. The Writ Petition was filed challenging the notification dated October 27, 1986 published, in the Bangladesh Gazette on......ction of the Gazette Notification published in the Bangladesh Gazette on August 11, 19-83 acquiring 45 decimals of land out of 51 decimals of land of Plot No. 1009. Correction was made to the effect that in the Gazette Notification of August 11, 1983 land measuring .51 acre is to be read for the qua......��…………Appellants Vs. Most. Nurjahan Begum………....Respondent Judgment July 10, 2005. Result: The appeal is dismissed. Lawyers Involved: M. A. Azim, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Appellants. Md. Af..

Category: Property Law | Date: | Hits: 31

Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)

.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ...... (Criminal) Present: Md. Ruhul Amin J Mohammed Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Afzal Hossain Biswas and others…………................Petitioners Vs. Mst. Kh......order of the dismissal passed by the Court of Magistrate shall not be upheld. 3. The petitioners filed the petition under section 561A of the Code of Criminal Procedure stating, inter alia, that one Mst. Khodeja Bibi as the complainant lodged a complaint petition before the Magistrate of ......eferred To- Syed Mahammad Hashem alias Hashim Vs. State 48 DLR (AD) 1996. Lawyers Involved: Moazzam Hussain, Advocate, instructed by Syed Mahbubur Rahaman, Advocate-on-Record- For the Petitioners. Not Represented- the Respondents. Criminal Petition..

Category: Criminal Law | Date: | Hits: 35

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