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Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ee dated January 23, 2002 of the 2nd Court of Joint District Judge and Artha Rin Adalat, Chittagong in Other Suit No.13 of 1993 decreeing the same. The suit was filed seeking saham of 6.93 acres of land on partition of the land in suit and for a declaration that the deed of gift dated August 25,......smissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respondents Judgment August 14, 2006. ......Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respondents Judgment August 14, 2006. Civil Petition for Leave to Appeal No. 1059 of 2004. (From the Judgment and Order dated February 25, 2004 pa..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
....king declaration that (a) the order dated 15-1-1987 passed by the Additional Deputy Commissioner (Revenue), Magura is illegal, void, without jurisdiction and not binding upon them (b) the suit land measuring 11.89 acres appertaining to DS Khatian No.1260, present Khatian Nos. 3025, 3032 and ......puty Commissioner, Magura and others..................... ............Respondents Judgment February 26, 2006. Case Referred to: Kala Meah vs. Faiz Ahmed, 2 MLR (AD) 218. Lawyers Involved: ......se Referred to: Kala Meah vs. Faiz Ahmed, 2 MLR (AD) 218. Lawyers Involved: Khondoker Mahbubuddin Ahmed, Senior Advocate (Osman Gnni, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Birash Chandra Biswas, Advocate-on-Record-For......; February 26, 2006. Case Referred to: Kala Meah vs. Faiz Ahmed, 2 MLR (AD) 218. Lawyers Involved: Khondoker Mahbubuddin Ahmed, Senior Advocate (Osman Gnni, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record-For the..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....t the writ respondents failed to accord approval. Rather they issued aforesaid memo dated 17-11-2002 directing the writ petitioners to dismantle the structures of the writ petitioners from the land in question. Under such circumstances the writ petitioners felt constrained to file the ......ds dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ................Respondents Judgment January 16, 2007. Lawyers Involved: Sigma Huda, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Rafiqul-ul-Haque, Senior Advocate (Mou...... Judgment January 16, 2007. Lawyers Involved: Sigma Huda, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Rafiqul-ul-Haque, Senior Advocate (Moudud Ahmed, Senior Advo..Category: Property Law | Date: | Hits: 27
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....l as for khas possession of the property described in schedule B to the plaint upon eviction of the defendant No.1. It was the case of the plaintiff that defendant No.1 was allowed to reside in the land in suit as licensee, that defendant No.1 wanted to purchase some land from the plaintiff but ...... Judgment December 8, 2005. Lawyers Involved: Muhammad Ali Akonda, Advocate (appeared with the leave of the Court) instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. AY Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocate-on-...... and Artha Rin Adalat No.2, Dhaka in Title Suit No. 13 of 1997 allowing an application filed under Order I, rule 10 of the Code of Civil Procedure. 2. The suit was filed seeking the decree that the defendant No.1 is a licensee of the plaintiff in respect of the property in suit as well as......s Judgment December 8, 2005. Lawyers Involved: Muhammad Ali Akonda, Advocate (appeared with the leave of the Court) instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner. AY Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advoca..Category: Property Law | Date: | Hits: 33
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....int District Judge), Second Court, Dhaka in Title Suit No. 213 of 1976 dismissing the suit. 2. The petitioner, as plaintiff, filed the above suit seeking declaration of his title in the suit land as described in the schedule of the plaint stating, inter alia, that the suit land originally ......t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Harun-al-Rashid Mollah and others..............Petitioners Vs. Bangladesh represented by the Se...... dismissing the suit. 2. The petitioner, as plaintiff, filed the above suit seeking declaration of his title in the suit land as described in the schedule of the plaint stating, inter alia, that the suit land originally belonged to Dhaka Nawab Court of Wards Estate in Khas and the CS recor....... Tafazzul Islam J Amirul Kabir Chowdhury J Harun-al-Rashid Mollah and others..............Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Forest and others……… ...Respondents Judgment: February 9, 2006. ..Category: Property Law | Date: | Hits: 31
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day also appointed an attorney to complete the registration of the kabala in respect of the land as regard which plaintiff's vendor Anowara Begum entered into an agreement for sale and the a...... Md. Tafazzul Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Referred to: 39 DLR 339; 32 DLR 75; Sufia Khanam Chowdhury vs. Faizun Nesa Chowdhury, ......26, 1989 obtained in title Suit No. 291 of 1985 is not binding on the plaintiff. 2. The suit was filed seeking the following relief: 3. The suit was filed upon averring, inter alia, that the property shown in the schedule attached to the plaint was owned by Syed Rafiuddin Ahmed on ......986 BCR (AD) 56; 27 CWN 449; Tarak Chandra Majhi vs. Atahar Ali Howlader and others, 8 BLC (AD) 67. Lawyers Involved: Mohsin Rashid, Advocate, instructed by MG Bhuiyan, Advocate-on-Record - For the Appellant. Giasuddin Ahmed, Advocate (Faruque Ahmed Advocate, with him) instr..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....ibi became owner and possessor of the suit property and that she died leaving behind the plaintiff and that, all on a sudden, the defendants i.e. the petitioners, started construction in the khas land of the Government and also they tried to encroach upon the vacant space of the plaintiff's prop......view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......r defendant- petitioners seek leave to appeal against the judgment and decree dated 6-3-2005 passed by a Single Bench of the High Court Division in CR No. 908 of 2001. 2. The facts, in short, are that Md. Yusuf, predecessor of the plaintiff-respondents, instituted Title Suit No. 69 of 1996 in the......Chowdhury J Mustari Bibi and others..............Petitioners Vs. Md. Yusuf and others... .........Respondents Judgment October 15, 2006. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioners. Abdul Wadud B..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
.... 2. The petitioners filed the above miscellaneous case challenging the order dated 21-5-1982 passed by the Administrator of Waqfs in Enrolment Case No. 22 of 1978 in enrolling 3.57 acres of land as described in schedule of the above enrolment case as waqf property and also for a declarati......vision (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Manirunnessa Khanam and another...............................Petitioners Vs. Syed Madassir Ali and another...............................Respondents Judgment July 16, 2006......ikh, 44 DLR 242; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 2003 BLD 158; Falguni Majumder Vs Mokbul Hossain Biswas and others, 4 BLC (AD) 5; Hasan Azam and others Vs. Rabeya Khatun and others, 2002 BLD (AD) 136. Lawyers Involved: JN Deb, Advocate, instructed b......was and others, 4 BLC (AD) 5; Hasan Azam and others Vs. Rabeya Khatun and others, 2002 BLD (AD) 136. Lawyers Involved: JN Deb, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record - For Respondent No.1. ..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
.... dismissing the same. The suit was filed seeking redemption of an usufructuary mortgage dated 26-12-1927. 2. The suit was filed on September 27, 1989. It was the case of the plaintiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan, Rahmat Khan, Hanif Khan and ......Amin J Md. Tafazzul IslamJ Guljan Bibi and others...............Petitioners Vs. Md. Fazlu Miah and others.....Respondents Judgment August 6, 2006. Case Referred to: Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar and others, 29 DLR......1989 dismissing the same. The suit was filed seeking redemption of an usufructuary mortgage dated 26-12-1927. 2. The suit was filed on September 27, 1989. It was the case of the plaintiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan, Rahmat Khan, Hanif Khan ......rred to: Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar and others, 29 DLR (SC) 137. Lawyers Involved: JN Deb, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-6. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....e, Monohardi, Narsingdi in Title Suit No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, prepared in the name of defenda......slam Abu Asad Bhuiyan and others.................Appellants Vs. Abu Taher Bhuiyan and others................Respondents Judgment May 16, 2006. Result: The appeal is allowed. Cases Referred to- Munsur Ali Mallik vs. Md Nurul Haque Mallik and others, 1986 BCR (AD) 56; Dudu ......ingdi in Title Suit No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, prepared in the name of defendants' predecessor A...... and others, 42 DLR (AD) 189; Hari Bhusan Haider vs Sheikh Abdul and others, AIR 1927 Calcutta 54; Moaher Sowdagar vs. M Zahirul Alam, 40 DLR (AD) 62. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam, Advocate-on-Record— For the Appellants. Farid Ahmed, ..Category: Property Law | Date: | Hits: 33
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
...., the preemptor respondent No.1, filed the above Miscellaneous Case No.11 of 1994 under section 96 the State Acquisition and Tenancy Act stating inter alia that she is a co-sharer of the case land by inheritance and her sister Nur Banu, the respondent No. 2/co-sharer, sold the case land to...... Md. Joynul Abedin J Amjad Ali and anothers .............Petitioners Vs. Dud Banu and other ................Respondents Judgment November 18, 2007. Case Referred To- Mofizuddin Bhuiya vs. Sree Narayan Chandra Roy and other, 4 MLR (AD) 127. ...... No. 61 of 1995 affirming those of dated 25.5.1995 passed by the learned Assistant Judge, Kuliarchar in Pre-emption Miscellaneous Case No.11 of 1994 allowing preemption. 2. Brief facts are that the Dud Banu, the preemptor respondent No.1, filed the above Miscellaneous Case No.11 of 1994 ...... November 18, 2007. Case Referred To- Mofizuddin Bhuiya vs. Sree Narayan Chandra Roy and other, 4 MLR (AD) 127. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- For the Respondent. Civil Petition fo..Category: Property Law | Date: | Hits: 22
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
..... 2 to 5 herein filed Other Suit No. 14 of 1986 (previously Other Suit No. 229 of 198) for declaration of title, confirmation of possession and also for permanent injunction in respect of the suit land on the averments that the suit land originally belonged to Monsur Ali, the father of the plain...... ......Other Suit No. 14 of 1986 (previously Other Suit No. 229 of 198) for declaration of title, confirmation of possession and also for permanent injunction in respect of the suit land on the averments that the suit land originally belonged to Monsur Ali, the father of the plaintiff No.1 and the gran......nd Secretary Moheshkhali High School and Others…………… Respondents Judgment December 13, 2006. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by the AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Not..Category: Property Law | Date: | Hits: 27
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
....possession to 14.27 acres out of 21.40 acres appertaining to Plot No. 63 C.S. No.6 of Mouza Gopalpur under RS. Shaymnagar District Satkhira stating, inter alia, that the entire 21.40 acres of land of Plot No. 63, C.S. Khatian No.6 of Mouza Gopalpur PS. Shaymnagar belonged to Brojomohini Das......………...Petitioners Vs Md. Abdul Aziz & others ..............................Respondents Judgment May 14, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Responden...... of title and confirmation of possession to 14.27 acres out of 21.40 acres appertaining to Plot No. 63 C.S. No.6 of Mouza Gopalpur under RS. Shaymnagar District Satkhira stating, inter alia, that the entire 21.40 acres of land of Plot No. 63, C.S. Khatian No.6 of Mouza Gopalpur PS. Shaymnag......rs Vs Md. Abdul Aziz & others ..............................Respondents Judgment May 14, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave..Category: Property Law | Date: | Hits: 23
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
....;ing of the suit seeking preemption was noticed by the appellate Court, that delay in making the 'talabs' was not considered by the appellate Court, that there was no delivery of possession of the land sought to be preempted and as such the suit filed seeking pre-emption was not maintainabl......Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 709 of 2005. (From the Judgment and Order dated April 26, 2005 passed by the High Court Division in Civil Revision No. 971 of 2003). Judgment ...... jurisdiction and obtained the Rule. The High Court Division made the Rule absolute and thereupon dismissed the suit. 2. The High Court Division while making the Rule absolute observed that evidence on record clearly shows that requirement of law seeking pre-emption under the Muslim l......oners Vs. Md. Ishaque Mollah and another .....................Respondent Judgment August 22, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave t..Category: Property Law | Date: | Hits: 25
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....e Suit No. 82 of 1991, who was the defendant in Title Suit No.102 of 1990, was that the deed No. 5649 dated 19.6.1969 on the basis of which plaintiffs of Title Suit No. 102 of 1990 are claiming the land described in the schedule of the plaint of the said suit is fraudulent and ante-dated, that th......titioners. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 682 of 2005. (From the Judgment and Order dated November 24, 2004 passed by the High Court Division in Civil Revision No.720 of 2003). Judgment &n......nbsp; 3. Title Suit No.102 of 1990 was filed seeking partition and Title Suit No. 82 of 1991 was filed seeking declaration that the deed No. 5649 dated 19.6.1969 is void, fraudulent and fabricated. &n...... Vs. Ahmed Ali and others ……………........Respondents Judgment August 21, 2006. Lawyers Involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Aftab..Category: Property Law | Date: | Hits: 21
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... 2. The petitioner filed the above miscellaneous case under section 24 of the Non Agricultural Tenancy Act stating, inter alia, that the case land situated at C.S. Dag No. 1006 was owned by Hanif Faruk Ansari; the S.A. record contained 13 de......………………………..Petitioner Vs. Md. Shamsul Alam and others .......Respondents Judgment April 16, 2006. Case Referred To- S.M. Basiruddin vs. Zahurul Islam Chowdhury and another, 35 DLR (AD) 230......; 2. The petitioner filed the above miscellaneous case under section 24 of the Non Agricultural Tenancy Act stating, inter alia, that the case land situated at C.S. Dag No. 1006 was owned by Hanif Faruk Ansari; the S.A. record co......t April 16, 2006. Case Referred To- S.M. Basiruddin vs. Zahurul Islam Chowdhury and another, 35 DLR (AD) 230. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. ..Category: Property Law | Date: | Hits: 30
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....le Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the suit land and from plainting any plaint in the suit land and/or from in any way disturbing possesion of ......ia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Review Petition No. 67 of 2005. (From the judgment and order dated 08.03.2005 passed by the Appellate Division in Civil Appeal No. 81 of 1999). Judgment ...... Deputy Commissioner, Gazipur & others......Respondents Judgment November 28, 2006. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. ......f Bangladesh, represented by the Deputy Commissioner, Gazipur & others......Respondents Judgment November 28, 2006. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represen..Category: Property Law | Date: | Hits: 31
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....y be mentioned it has been averred by the preemptor that he had initial knowledge about the transfer on January 21, 1995. It is also the case of the pre-emptor that he is a co-sharer of the holding land of which has been transferred by the opposite party No. 2 and that the pre-emptee is a strang......Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1084 of 2005. (From the Judgment and Order dated March 27, 2005 passed by the High Court Division in Civil Revision No. 5059 of 1998). Judgment ......ase (Pre-emption) No. 16 of 1995 dismissing the same. The Miscellaneous Case was filed seeking preemption under Section 24 of the Non-Agricultural Tenancy Act, 1949 in respect of the transfer that took place on September 1, 1986. Land sought to be pre-empted is 2.26 acres. 2. Pre......ith ............Petitioner Vs. Abdur Razzaque and another .........Respondents Judgment October 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to..Category: Property Law | Date: | Hits: 20
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....000 in the Court of the learned Assistant Judge, Khulna Sadar, Khulna against the defendants Nos.1-5 for declaration that the order contained in memo dated 18.4.2000 passed by the Ministry of land and the order contained in memo dated 15.5.2000 passed by the Commissioner, Khulna &......nbsp; Civil Petition for Leave to Appeal No. 1686 of 2005. (From the judgment and order dated 20.11.2005 passed by the High Court Division in Civil Revision Nos. 4703 and 5470 of 2003). Judgment ......a-respondents Nos. 5-1077 as plaintiffs instituted Title Suit No. 82 of 2000 in the Court of the learned Assistant Judge, Khulna Sadar, Khulna against the defendants Nos.1-5 for declaration that the order contained in memo dated 18.4.2000 passed by the Ministry of land and the order c......ers Vs. Secretary, Ministry of Land, Bangladesh Secretariat and others..... Respondents Judgment May 27, 2007. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Mahbubur Rahman, Advocate-on-Record- For the Petitioners. ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
....(now Assistant Judge), Additional Court Sylhet in Title Suit No. 93 of 1985 decreeing the suit. 2. The respondents filed the above suit for declaration of their easement right over the land described in the second schedule of the plaintiff and also for permanent injunction restrainin......; Not represented-the Respondents. Civil Petition for Leave to Appeal No. 620 of 2004. (From the judgment and order dated 15th July, 2002 passed by the High Court Division in Civil Order No. 7110 of 2002). Judgment &nb......and also for permanent injunction restraining the defendant Nos. 1-4 from interfering with right of the plaintiffs as well as the Co-villagers to use the said land as pathway stating, inter alia , that the plaintiffs as well as the people of villages Gualan, Kadimpura. Isampur, Major tilla, Tila........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April 9, 2006. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record -For the petitioner. &..Category: Property Law | Date: | Hits: 19
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