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Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)

....Judge, Nilfamari, decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit under section 9 of the Specific Relief Act for recovery of the khas possession of the suit land on evict­ing the defendant petitioners therefrom stating that Bondi Ram Methor, was the ow.........................Petitioners Vs. Md. Nurul Huque and others………….......Respondents Judgment July 2, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Reco...... plaintiffs, instituted the above suit under section 9 of the Specific Relief Act for recovery of the khas possession of the suit land on evict­ing the defendant petitioners therefrom stating that Bondi Ram Methor, was the owner of 21 decimals of land in Khatian No.30 (old) and out of the sa...... Vs. Md. Nurul Huque and others………….......Respondents Judgment July 2, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil..

Category: Property Law | Date: | Hits: 23

Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)

.... and decree dated January 31, 1977 of the 3rd Court of Munsif (now Assistant Judge) Jessore in Title Suit No.8 of 1977 decreeing the suit and thereupon declaring title of the plain­tiff in the land in suit and confirmation of possession of the plaintiff. The trial Court further by a decree o...... is also Reported in: V ADC (2008)578. ......;in. 3. The High Court Division by the judg­ment dated April 10, 1997 in Second Appeal No.45 of 1979 set aside the judg­ment and decree of the lower appellate Court with the finding that defendant No.9 came on the land after the institution of the suit and that finding of the tria...... This Case is also Reported in: V ADC (2008)578. ..

Category: Property Law | Date: | Hits: 25

Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)

....ingle Bench of the High Court Division in Civil Revision No.326 of 2004 allowing an application for injunction restraining the opposite party No.2 from making con­struction of any house in the land in suit and not to change the nature and character of the property in suit. 2. The civi......ocate-on-Record-For the Petitioner. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 1166 of 2005. (From the Judgment and Order dated August 16, 2005 passed by the High Court Division in Civil Revision No. 326 of 2004). Judgment  ......ementioned suit filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure seeking injunction against the defendant Nos. 1 and 2. 4. It was the case of the plaintiff that his father Sirajul Islam was the owner of 31½ decimals of land and said Sirajul Islam di.....................Petitioner Vs. Jan Bibi and others ..................Respondents Judgment November 5, 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: 20

Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)

....0 passed in Title Suit No. 346 of 1977 by the 1st Court of Subordinate Judge(now Joint District Judge), Dhaka is illegal, void and not binding upon the plaintiff stating, inter alia, that the suit land originally belonged to Priaya Nath Basak, Nagendra Nath Basak, Bhupendra Nath Basak and Digend......ommissioner, Dhaka.........Petitioner (In Civil Petition No. 951 of 2005) Vs. Md. Shafiqul Huq, being dead his heirs: Captain Salauddin & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik V...... common judgment and order dated 23.02.2005 passed by a Single Bench of the High Court Division in Civil Revision Nos. 3992 & 2974 of 1999 discharging both the Rules. 2. Short facts are that the plaintiff institut­ed Title Suit No. 66 of 1991 in the Court of the Subordinate Judge ......eferred to- Munsur Ali Mallik Vs. Md. Nurul Haque Mallik and others, BCR 1986 (AD) 56. Lawyers Involved: Fazlul Haque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners (In both the cases) Abdul Wadud Bhuiyan, Senior Advocate instructed..

Category: Property Law | Date: | Hits: 48

Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)

....e absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court of Subordinate Judge, Chandpur, for declaration of his title to the suit land claiming the same by way of inheritance from his father and by amica­ble arrangement with......  V ADC (2008) 565. ......pellant is directed against the judgment and order dated 09.08.2001 passed by the High Court Division in Civil Revision No.3051 of 1999 making the Rule absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court of Subordinate Judge,..........Appellant Vs. Md. Basel Khan @ Haji Abdul Baset Khan and others........Respondents Judgment February 3, 2008. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Mahbubey..

Category: Property Law | Date: | Hits: 22

Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)

....firming the judgment and order dated 03-05-1992 passed by the Magistrate, 1st Class, Cognizing Court No.1 Pabna dropping the proceeding and directing the receiver for making over possession of the land in question to the petitioner and also paying the sale proceeds since the year 1977 till passi...... in: V ADC (2008) 531. ......ode of Criminal Procedure and appointed a receiver to look after the property in question where the 2nd party, the present petitioner appeared and filed a written objection, alleging, inter alia, that 2nd party already filed a civil suit No. 146 of 1974 against the 1st party and others, which ha............Respondents Judgment          March 20, 2008.     Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave..

Category: Property Law | Date: | Hits: 21

Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)

....op­erty belonged to Balai Sardar and others to the extent of 2 annas share each, Nilambar and Bhupan Charan had 4 annas share each and that there being no embankment in the area where the suit land is situated the recorded tenants failed to produce any crops and as such could not pay rent to...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ......order dated 17.01.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3102 of 1993 discharging the rule. 2. Facts as revealed in the leave petition, in short, are that the plaintiffs filed Title Suit No.421 of 1975 in the 2nd Court of the learned Assistant Judge,......a and others...........Respondents Judgment          July 26, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave ..

Category: Property Law | Date: | Hits: 24

Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)

.... plaintiff and one Begum Mahmooda Akhter purchased the same from said Major Habibur Rahman Miah by registered kabala being No. 6016 of the year 1981 and the plaintiff got possession over 6 katha of land in the western side of the plot in question. The plaintiff got his name mutated in the Revenue......n, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No. 757 of 2005. (From the judgment and order dated 09.05.2005 passed by the High Court Division in F. A. No. 114 of 2000.) Judgment    ...... directed against the judg­ment and decree dated 09.05.2005 passed by a Division Bench of the High Court Division in First Appeal No. 114 of 2000 allowing the appeal. 2. Short facts are that the plaintiff filed Title Suit No.220 of 1994 for cancellation of oral gift in respect of the ...... Judgment         November 16, 2006. Lawyers Involved: Mihir Kanti Mazumder, Advocate (instructed by A.K.M. Shahidul Huq, Advocate-on-Record) - For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. ..

Category: Property Law | Date: | Hits: 20

Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)

.... The facts, in short, are that the plaintiff respondent Nos.1 to 4 instituted Other Suit No. 19 of 1986 which was renumbered as Other Suit No.134 of 1990 for declaration of their title in the suit land stating, inter-alia, that the suit land originally belonged to landlord Amatullah Gasu and oth......on-Record-For Respondent Nos. 1-3. Not repre­sented-Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 333 of 2005. (From the judgment and order dated 28.11.2004 passed by the High Court Division in Civil Revision No. 2341 of 1996). Judgment  ...... against the judgment and order dated 28.11.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 2341 of 1996 making the rule absolute. 2. The facts, in short, are that the plaintiff respondent Nos.1 to 4 instituted Other Suit No. 19 of 1986 which was renumbered ......ondents Judgment March 20, 2007.     Lawyers Involved: Asad Hossain Choudhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-   Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 1-3...

Category: Property Law | Date: | Hits: 22

Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)

....in the Court of the learned Munsif (now Assistant Judge), Sadar, Cox's Bazar, praying for declaration of title, confirmation of possession and also per­manent injunction in respect of the suit land contending, inter alia, that the suit land originally belonged to Monsur Ali, father of the p...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Padma Bibi being dead, her heirs Mohammad Rashid & others......................Petitioners Vs. The Headmaster & Secretary......nsif (now Assistant Judge), Sadar, Cox's Bazar, praying for declaration of title, confirmation of possession and also per­manent injunction in respect of the suit land contending, inter alia, that the suit land originally belonged to Monsur Ali, father of the plaintiffs who was raiyat under ......ecretary, Moheshkhali High School & others....Respondents Judgment April 2, 2006.      Lawyers Involved: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave ..

Category: Property Law | Date: | Hits: 29

Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)

.... decreeing the same. The appellate Court upon reversing the judgment of the trial Court dismissed the suit. 2. The suit was filed seeking a decree for permanent injunction in respect of the land of Plot Nos. 3/3315, 3/3317 and 3/3319 comprising 7.25 acres of land of khatian No. B/286.The ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ   M.M. Ruhul Amin J   Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin and others..........Petitioners Vs. Abdul Hakim and......ial Court dismissed the suit. 2. The suit was filed seeking a decree for permanent injunction in respect of the land of Plot Nos. 3/3315, 3/3317 and 3/3319 comprising 7.25 acres of land of khatian No. B/286.The decree for perma­nent injunction was prayed for restraining the defendants......n and others..........Petitioners Vs. Abdul Hakim and others ......Respondents Judgment April 16, 2007. Lawyers Involved: S.R. Khoshnabish, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leave..

Category: Property Law | Date: | Hits: 19

Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)

....roperty for a period of five years and also for other reliefs on the averments that the defendant Nos. 2-8 have been running Darbesh Industrial Enterprise Ltd, the company, as its directors and the land described in the schedule of the plaint are the land of Fishery Department which was leased to......e-on-Record-For Respondent No. 1. Not repre­sented -Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 438 of 2007. (From the judgment and order dated 25.3.2007 passed by the High Court Division in Civil Order No. 1097 of 2007). Judgment  &nbs...... Rule restoring the ad interim order of injunc­tion which was earlier vacated in view of the provision of Order 39 rule 5A(3) CPC. 2. Brief facts for disposal of this leave petition are that the plaintiff/respondent No. 1 filed the above Other Class Suit No. 17 of 2006 for declaration ...... Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Hefazatur Rahman Tipu and others.........Petitioners Vs. Forkanul Islam and others.....................Respondents Judgment    &nb..

Category: Property Law | Date: | Hits: 26

Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)

....olute. 2. The plaintiffs instituted Title Suit No.116 of 1999 in the Court of Senior Assistant Judge, Dhamrai, Dhaka for a decree for permanent injunction stating, inter alia, that the suit land along with other lands originally belonged to Ali Palan Bepari who died leaving behind two son......he Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 334 of 2006. (From the judgment and order dated 14.03.2005 passed by the High Court Division in Civil Revision No. 6049 of 2001.) Judgment  ...... the Rule absolute. 2. The plaintiffs instituted Title Suit No.116 of 1999 in the Court of Senior Assistant Judge, Dhamrai, Dhaka for a decree for permanent injunction stating, inter alia, that the suit land along with other lands originally belonged to Ali Palan Bepari who died leaving b......mp; another ……………………..Respondents Judgment September 9, 2007. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. ..

Category: Property Law | Date: | Hits: 30

Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)

.... The plaintiff filed Other Class Suit No.215 of 1985 in the Court of Assistant Judge, Sadar, Rajshahi for declaration that the plaintiff has already acquired good and indefeasible title in the suit land as described in schedule 'B', a part of the schedule 'A' of the plaint, by adverse possession......he Petitioners.    Not represented-the Respondents.  Civil Petition for Leave to Appeal No. 1176 of 2005. (From the judgment and order dated 11.05.2004 passed by the High Court Division in Civil Revision No. 2939 of 1994.) Judgment  &......Division in Civil Revision No. 2939 of 1994 making the Rule absolute. 2. The plaintiff filed Other Class Suit No.215 of 1985 in the Court of Assistant Judge, Sadar, Rajshahi for declaration that the plaintiff has already acquired good and indefeasible title in the suit land as described i......d others ..............................Respondents Judgment November 9, 2006. Lawyers Involved: Harendra Nath Nondy, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners.    Not represented-the Respondents.  ..

Category: Property Law | Date: | Hits: 96

Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)

....Dhaka Memon Anjuman, is a charitable organization and run for charitable purposes including making provision for education and financial assistance to the poor. The writ-petitioner purchased the case land including buildings thereon by a registered deed dated 05.12.1962 from Kazi Paziruddin Ahmed an......at, Eden Building, Dhaka and others..................Petitioners. Vs. Dhaka Memon Anjuman.............Respondent. Judgment November 18, 2007. Result: The petition is dismissed. Case Referred to- 32 DLR (AD) 70 and 186. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on......smissed. Case Referred to- 32 DLR (AD) 70 and 186. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. A. K. M. Shafiqul Alam, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 870 of 2006...........Respondent. Judgment November 18, 2007. Result: The petition is dismissed. Case Referred to- 32 DLR (AD) 70 and 186. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. A. K. M. Shafiqul Alam, Advocate, instructed by Sufia Khatun, Advocate-o..

Category: Property Law | Date: | Hits: 33

Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)

....t respondent as pre-emptor filed Miscellaneous Case No. 87 of 1988 under section 96 of the State Acquisition and Tenancy Act in the Court of Assistant Judge, Lakshmipur for pre-emption of the case land transferred by a kabala deed dated 02.07.1988 in favour of the pre-emptee No. 1 who is a stran......ved: Saleemullah, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record -For Respondent No. 1. Not represented –Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 929 of 2005. (From t..........Petitioner Vs. Saleh Ahmed & others.................Respondents Judgment May 14, 2007. Lawyers Involved: Saleemullah, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record -For R......Vs. Saleh Ahmed & others.................Respondents Judgment May 14, 2007. Lawyers Involved: Saleemullah, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record -For Respondent No. 1. ..

Category: Property Law | Date: | Hits: 26

Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)

....it No.124 of 1987. 2. Plaintiff instituted partition suit No.124 of 1987 in the Court of Subordinate Judge, 2nd Court, Tangail praying for a preliminary decree for partition to 3.60 acres of land appertaining to C.S. Khatian No.50 of Mouza Chakra under Police Station-Madhupur, District-Ta......sion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Dalimon Nessa Bewa and others .............................Petitioners Vs. Md. Hasmat Ali......................................................Respondent    ...... Plaintiff instituted partition suit No.124 of 1987 in the Court of Subordinate Judge, 2nd Court, Tangail praying for a preliminary decree for partition to 3.60 acres of land appertaining to C.S. Khatian No.50 of Mouza Chakra under Police Station-Madhupur, District-Tangail stating, inter alia, ......p;   Judgment May 13, 2007. Case Referred to- Malik Din Vs. Mohammad Aslam, 21 DLR (SC) 94. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. M. Nurul Amin instructed by A. K. M. Shahidul Huq, Advocate-on-Recor..

Category: Property Law | Date: | Hits: 41

Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)

....istrict Judge, Sirajganj reversing those of dated 03.09.1990 passed by the Senior Assistant Judge, Raiganj in Pre-emption Case No. 18 of 1988. 2. The facts of the case in short are that the land appertaining to S.A. Khatian No. 358 of Mouza Dedpur, Upazila Raigonj, District-Sirajgonj admi......or Respondent Nos. 1& 2. Not represented- Respondent Nos. 3-15. Civil Petition for Leave to Appeal No. 449 of 2005. (From the judgment and order dated 23rd February, 2005 passed by the High Court Division in Civil Revision No. 1205 of 1994). Judgment  ......earned District Judge, Sirajganj reversing those of dated 03.09.1990 passed by the Senior Assistant Judge, Raiganj in Pre-emption Case No. 18 of 1988. 2. The facts of the case in short are that the land appertaining to S.A. Khatian No. 358 of Mouza Dedpur, Upazila Raigonj, District-Sirajg......J Amirul Kabir Chowdhury J Most. Nurun Nahar Begum................................Pre-emptee-Petitioner Vs. M. Abu Mohammad and others............................Pre-emptor-Respondents Judgment March 18, 2007. Lawyers Involved: Md. Aftab Hos..

Category: Property Law | Date: | Hits: 33

Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)

....Court of Assistant Judge, Beanibazar, Sylhet for declaration of their title and confirmation of possession in the suit property and also for permanent injunction stating, inter alia, that the suit land originally belonged to one Mvi. Ershad Ali Chowdhury and others in their maliki right and one ......ed in: 13 MLR (AD) (2008) 285. ....... Abdul Munim Chowdhury & another..............................Respondent Judgment January 17, 2008. Lawyers Involved: Md. Osman Ghani, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. S. H. Md. Nurul Huda Zaigirdar, Advocate, in......y & another..............................Respondent Judgment January 17, 2008. Lawyers Involved: Md. Osman Ghani, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. S. H. Md. Nurul Huda Zaigirdar, Advocate, instructed by Syed Mahbu..

Category: Property Law | Date: | Hits: 30

Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)

....as an industrial one and the plot was leased to the respondent No. 1 for setting up a modern printing press and setting up of such modern printing press not being possible on such a small piece of land measuring 421.33 square yards, the respondent No.1 did set up therein a factory for making sma......vocate-on-Record- For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 930 of 2004. (From the judgment and order dated 22.3.2004  passed by the High Court Division in First Appeal No. 502 of 2001). Judgment  &n...... District Judge) and Arbitration Court Dhaka passed in Title Suit No. 3 of 2000 by which the suit was decreed. 2. The plaintiff respondent No.1 instituted the above suit seeking declaration that the Memo dated 12.10.1994 cancelling the lease of the suit plot which was allotted to him and t............................Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. ..

Category: Property Law | Date: | Hits: 27