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Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)

..... 47 of 1993 reversing those dated 18.02.1993 by the Subordinate Judge, 2nd Court, Tangail, in Other Class Suit No. 10 of 1992. 2. The relevant facts of the case are that the plaintiff is a landless cultivator and he prayed for settlement of 'B’ schedule land without Salami and rent......uda Begum, Advocate-on-record-For the Petitioner. None represented-the Respondents. Civil Petition for Leave to Appeal No. 165 of 2005. (From the judgment and order 06.12.2004 passed by the High Court Division in Civil Revision No. 2126 of 1994). Judgment  ......n Other Class Appeal No. 47 of 1993 reversing those dated 18.02.1993 by the Subordinate Judge, 2nd Court, Tangail, in Other Class Suit No. 10 of 1992. 2. The relevant facts of the case are that the plaintiff is a landless cultivator and he prayed for settlement of 'B’ schedule land ......ngladesh and others…….........Respondents Judgment March 13, 2007. Lawyers Involved: Md. Abdul Hoque, Advocate instructed by Mahmuda Begum, Advocate-on-record-For the Petitioner. None represented-the Respondents. Civil Petition for Leave to..

Category: Property Law | Date: | Hits: 25

Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)

.... the aforesaid judgment allowed the prayer for pre-emp­tion sought under section 96 of the State Acquisition and Tenancy Act, 1950. Pre­-emption was sought claiming to be a con­tiguous land owner. It appears from the judgment of the High Court Division sought to be appealed that the ......ocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1284 of 2004. (From the Judgment and Order dated January 17, 2004 passed by the High Court Division in a civil review petition arising out of Civil Revision No. 8766 ...... the State Acquisition and Tenancy Act, 1950. Pre­-emption was sought claiming to be a con­tiguous land owner. It appears from the judgment of the High Court Division sought to be appealed that the civil revi­sion was heard in the absence of the opposite party since no one appeared to...... others .......Petitioners Vs. Md. Shahid Ali ........................Respondent Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave t..

Category: Property Law | Date: | Hits: 23

Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)

....es therein would be demolished. 4. From the order of the High Court Division it is seen that writ petitioners filed Title Suit No. 186 of 2005 seeking declaration of title in respect of the land in suit and in the said suit had also chal­lenged legality of the notice issued under sect......ral, instructed by Zainul Abedin, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 1438 of 2005. (From the Judgment and Order dated September 26, 2005 passed by the High Court Division in Writ Petition No. 7185 of 2005). Judgment  &...... issued to the writ petitioners directing him to vacate the premises men­tioned in the notice. The notice was issued under section 5(1) of the Ordinance No. 24 of 1970. 3. As it appears that in case of failing to vacate the premises in question by the time specified in the notice writ......Respondents Judgment October 3, 2007. Lawyers Involved: Nawshad Zamir, Advocate (appeared with the leave of the Court) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners. Naima Haider, Deputy Attorney General, instructed by Zainul Abedin,..

Category: Property Law | Date: | Hits: 29

Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)

....ssion. 3. The case in short is that in last settle­ment survey the name of the plaintiff Nos.2-4 and predecessor of plaintiffs have been recorded as the owners and possessors in the suit land and they had been owning and possessing the suit land through Hari Haran Barai as bargadar. Th......ord-For Respondent Nos. 1-20. Not Represented - Respondent No. 21. Civil Petition for Leave to Appeal No. 950 of 2005. (From the judgment and decree dated the 4th July, 2005 passed by the High Court Division in Civil Revision No. 171 of 2000). Judgment  &......awyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. Mahbubey Alam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-20. Not Represented - Respondent No. 21. ......ers…….... Petitioners Vs. Md. Habibur Rahman and others ......Respondents Judgment May 15, 2007. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. Mah..

Category: Property Law | Date: | Hits: 24

Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)

.... Title Suit No. 27 of 1990 in the Court of the learned Assistant Judge, Dohar, Dhaka for a declaration that the decision of the authorities in renewing his lease in respect of only half of the suit land was void, inoperative and not binding on him and he was entitled to the renewal of the lease i......, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 1572 of 2003. (From the judgment and order dated 5.5.2003 passed by the High Court Division in Civil Revision No. 2469 of 2000). Judgment  &......plaintiff petitioner which was decreed by the trial court as well as by the appellate court below.     2. The short facts leading to the filing of the leave petition is that the plaintiff petitioner instituted the said Title Suit No. 27 of 1990 in the Court of the lear......lip;……..Petitioner. Vs. Shaikh Hayet Ali and others......Respondents. Judgment March 14, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. ..

Category: Property Law | Date: | Hits: 23

Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)

....s enemy property and he having had came to know about the said fact filed objec­tion on November 5, 1970 and that the defendant No. 2 rejected the said objec­tion and thereupon treating the land in suit vested property threatened the appellants to evict from the land in suit. 4. Th......Reported in: IV ADC (2007) 991. ......affirming the judgment and decree dated August 22, 1973 passed in Title Suit No. 634 of 1970 decreeing the same. The suit was filed seeking decree for permanent injunction and for decla­ration that the property in suit is not enemy property i.e. vested property. 3. The appellant filed ......perty Lands and Buildings, Bakerganj and Additional Deputy Commissioner (Revenue), Bakerganj........Respondent Judgment May 17, 2007. Lawyers Involved Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the appellants. Ex-parte-th..

Category: Property Law | Date: | Hits: 34

G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)

.... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ....... This Case is also Reported in: V ADC (2008) 268. ......¦â€¦.. Petitioner Vs. Amjad Hossain Lablu and another ........Respondents Judgment March 21, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not Represented- For Respondent No. 2. Crimina......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.. Petitioner Vs. Amjad Hossain Lablu and another ........Respondents Judgment March 21, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not Represented..

Category: Anti-Corruption Laws | Date: | Hits: 81

Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)

....4. Accordingly Diara Khatian Nos. 77 and 78 of Sonapur Mouza, Noakhali were prepared and recorded in their names. Plaintiff-petition­er and his wife Mst. Monowara Khanam, purchased .57 acres of land from plot Nos. 466, 467 and 469 from different recorded tenants between 1991 and 1995 and got ......ave to Appeal No.1416 of 2005.                    (From the judgment and order dated 31.8.2005 passed by the High Court Division in Civil Revision No.3530 of 2005).      ......) months. 2. The petitioner as plaintiff filed Title Suit No.43 of 2003 in the court of Senior Assistant Judge, Sadar, Noakhali for per­manent injunction on the allegations, inter alia, that one Abdul Latif Mia as owner in possession distributed his properties amongst his heirs vide re......j Mostafizur Rahman..............Petitioner Vs. Rezaul Hoque .........Respondent Judgment May 21, 2007. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-For the Petitioner. Mahm..

Category: Property Law | Date: | Hits: 43

Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)

....rned Assistant Judge, Madhupur, Tangail on 25.6.2000. The case of the pre-emptor respondent No.1 Md. Nurul Islam, in brief, is that the jote in C.S. Khatian No. 168, Plot No. 1326 along with other land in the said Khatian meas­uring 10-48 acres of land belonged to Loknath Coach. Loknath Coac......-on-Record-For Respondent No. 1. Not Represented- For Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 1098 of 2005. (From the judgment and order, dated 26.6.2005 passed by the High Court Division in Civil Revision No. 6589 of 2002). Judgment  &......-emptor filed pre-emption Case No. 37 of 2000 in the Court of the learned Assistant Judge, Madhupur, Tangail on 25.6.2000. The case of the pre-emptor respondent No.1 Md. Nurul Islam, in brief, is that the jote in C.S. Khatian No. 168, Plot No. 1326 along with other land in the said Khatian meas&......llip;……..Petitioner Vs. Md. Nurul Islam and others ...................Respondents Judgment May 16, 2007. Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate- on-Record-For the Petitioner. Mvi..

Category: Property Law | Date: | Hits: 20

Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)

....e pre-emptor filed Miscellaneous Case No. 4 of 1998 in the Court of Senior Assistant Judge, Mathbaria, Pirojpur under Section 96 of the State Acquisition and Tenancy Act for pre-emption of the case land as described in the schedule of the Miscellaneous Petition stating, inter alia, that he is a c......-on-Record-For Respondent No. 1. Not repre­sented- Respondent Nos. 2-6. Civil Petition for leave to Appeal No. 395 of 2006. (From the judgment and order dated 08.08.2005 passed by the High Court Division in Civil Revision No. 2920 of 2002). Judgment  ......Respondents Judgment January 7, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-for the Petitioner. Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not repre­sented- Respondent Nos. 2-6. ......................Petitioner Vs. Md. Sohrab Hossain & others .......Respondents Judgment January 7, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-for the Petitioner. Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advocate..

Category: Property Law | Date: | Hits: 25

Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)

.... Short facts are that the plaintiffs filed Title Suit No.86 of 1991 in the 2nd Court of Senior Assistant Judge, Dhaka for dec­laration of title and recovery of khas pos­session in the suit land as described in the schedule of the plaint stating, inter alia, that the suit land belonged to......en, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 918 of 2005. (From the judgment and order dated 08.05.2005 passed by the High Court Division in Civil Revision No. 3794 of 2000). Judgment  ......l is directed against the judgment and order dated 08.05.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3 794 of 2000 discharging the Rule. 2. Short facts are that the plaintiffs filed Title Suit No.86 of 1991 in the 2nd Court of Senior Assistant Judge, Dhak......s Vs. Md. Nazrul Islam Khan & others ...................Respondents Judgment August 29, 2006. Lawyers Involved: Syed Mahbubur Rahmen, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave t..

Category: Property Law | Date: | Hits: 32

Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)

.... No. 346 of 1998 decreeing in the suit. 2. The plaintiff/petitioner filed the above suit under section 9 of the Special Relief Act praying for restoration of the posses­sion of the suit land on the averments that the suit land originally belonged to Abdul Molla, Sabdul Molla and Jabdu......he Petitioner. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 537 of 2005. (From the judgment and order dated 4th January, 2005 passed by the High Court Division in Civil Revision No. 3313 of 1999). Judgment  ......ellip;……….........Respondents Judgment August 7, 2006. Lawyers Involved: Md.  Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 537 of...... Md. Jaher Ali and others…………….........Respondents Judgment August 7, 2006. Lawyers Involved: Md.  Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil ..

Category: Property Law | Date: | Hits: 44

Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)

....udge, Jhenidah for a declaration that the registered deed dated 24.03.1988 being No.2969 of 1988 is forged, collusive, inoperative and not binding upon the plaintiffs alleging, inter alia, that the land appertaining to C.S. Khatian No. 320, S.A. Khatian No. 402, Plot No. 193 measuring an area of ......vocate) instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 835 of 2005. (From the judgment and order dated 19.03.2005 passed by the High Court Division in Civil Revision No.1386 of 2002). Judgment  &n...... Division in Civil Revision No. 1386 of 2002 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 44 of 1994 in the Court of Senior Assistant Judge, Jhenidah for a declaration that the registered deed dated 24.03.1988 being No.2969 of 1988 is forged, collusive, inoperative an......Md. Abdul Muttalib ...........Petitioner Vs Md. Abdul Wahab ...........Respondent Judgment May 14, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Amirul Islam, Advocate (with M. Nurul Amin, Advocate) instructe..

Category: Property Law | Date: | Hits: 26

Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)

....ed 06.03.1944. Accordingly Diara Khatian Nos. 77 and 78 of Sonapur Mouza, District-Noakhali were prepared and recorded in their names. Mostafizur Rahman, proforma defendant purchased 0.57 acres of land from Plot Nos.466, 467, 468 and 469 from different recorded tenants between 1991 and 1995. Whi......orted in: V ADC (2008) 234. ......er dated 09.05.2005  passed by the Additional District Judge, 2nd Court, Noakhali in Civil Revision Case No. 82 of 2004 reversing those dated 05.09.2004 passed by the Senior Assistant Judge, Chatkhil, Noakhali in Title Suit No.43 of 2003 should not be set aside or such other or further ord...... also Reported in: V ADC (2008) 234. ..

Category: Property Law | Date: | Hits: 35

Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)

....nts as plaintiff on 12.09.1973 filed the Title Suit No. 223 of 1973 (renumbered as Title Suit No. 8 of1978) before the learned Subordinate Judge, 2nd Court, Sylhet for declaration title in the suit land in schedule-I and confirmation of possession in respect of land described in schedule II and ......n-Record-For the Petitioners. None represented- the Respondents. Civil Petition for Leave to Appeal No. 797 of 2005. (From the Judgment and order dated the 16th April of 2005 passed by the High Court Division in Civil Revision No. 3780 of 2000). Judgment  ......ession in respect of land described in schedule II and for recovery of khas possession in respect of lands described in schedule III. 3. The case of the plaintiff-respondents, in brief, is that the suit land originally belonged to Ramesh Chandra Chowdhury, Ratish Chandra Chowdhury and Sur......iff-Respondents Judgment May 14, 2007. Lawyers Involved: M.A. Gaffar, Advocate, (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented- the Respondents. Civil Petition for Leave..

Category: Property Law | Date: | Hits: 29

Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)

....d January 26, 1994 of the 3rd Court of Additional Assistant Judge, Sadar, Noakhali in Title Suit No. 168 of 1989 decreeing the same with a direction to the defendant to make over possession of the land in suit in favour of the plaintiff and in case of default by the defendant to make over pos&sh......te-on-Record-For the Petitioners. Not represented- the Respondents. The Civil Petition for Leave to Appeal No. 90 of 2005. (From the Judgment and Order dated November 9, 2003 passed by the High Court Division in Civil Revision No. 414 of 1998). Judgment  &......ld be entitled to get the possession through Court. 3.  The suit was filed seeking redumption of the cot mortgage which was made by the kabala dated July 11, 1935. It may be mentioned that there was stipulation in the kabala in case of repayment of the money received on the executio......ers Vs. Wali Ullah and others………...........Respondents Judgment June 26, 2006. Lawyers Involved: A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. The Civil Petition for Le..

Category: Property Law | Date: | Hits: 37

Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)

....sion in Writ Petition No. 6187 of 2000 discharging the rule. 2. The petitioners instituted Writ Petition No. 6187 of 2000 stating, inter alia, that one Mrs. Rasheda Ashfaq took lease of the land measuring 19 katha and 7 satak at Plot No.5, Block-NW(D), Road 58, Gulshan Model Town, Dhaka f......ismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ......ssed by a Division Bench of the High Court Division in Writ Petition No. 6187 of 2000 discharging the rule. 2. The petitioners instituted Writ Petition No. 6187 of 2000 stating, inter alia, that one Mrs. Rasheda Ashfaq took lease of the land measuring 19 katha and 7 satak at Plot No.5, Blo...... Amirul Kabir Chowdhury J Nazma Ahmed and others………...........Petitioners Vs. Bangladesh repre­sented by the Secretary, Ministry of Housing and Public Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariet Ramna, Dhaka and an..

Category: Property Law | Date: | Hits: 27

Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)

....n of the Ministry of Land relating to de-requisition of the house in question. 3. Facts in short are that a tin-shed semi pucca house consisting of 3 (three) rooms on an area of 0.06 acre of land within the Sylhet Municipality belonged to Kiron  Behari Das, son of Krishna Bihari Das a....... ......etition was filed seeking direction on the writ-Respondent No.3 to implement the direction of the Ministry of Land relating to de-requisition of the house in question. 3. Facts in short are that a tin-shed semi pucca house consisting of 3 (three) rooms on an area of 0.06 acre of land with.......................Petitioners Vs. Kopil Das .............................Respondent Judgment April 4, 2007. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioners. J. N. Deb, Advocate, instructed by A. K.M. Shahidul Huq, Advocate-o..

Category: Property Law | Date: | Hits: 28

Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)

....decree dated September 28, 1988 of the Court of Assistant Judge, Kalkini Upazila, Madaripur in Title Suit No.401 of 1984 decreeing the same in pre­liminary form allotting saham for .46 acre of land out of 1.24 acre in respect of the land described in the schedule No.1, .81 2/3 acre of land i...... Vs. Narayan Chandra Baishnab ..........Respondent Judgment July 2, 2006. Lawyers Involved: Khalequzzaman, Advocate-on-record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-record-For the Respondent. Civil Petition for Leave to Appe......aint claiming 1.24 acres of land from schedule 1, .82 acre of land from schedule No.2, .50 acre of land from schedule No.3 and .73 acre of land from schedule 4. 3.  Plaintiffs case is that land measuring 10.22 acres owned by Tin Kari in 4 annas share, Brindaban Baishnab in 4 annas sh......;….............Petitioners Vs. Narayan Chandra Baishnab ..........Respondent Judgment July 2, 2006. Lawyers Involved: Khalequzzaman, Advocate-on-record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-record-For the Respondent. ..

Category: Property Law | Date: | Hits: 27

Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)

....al Court was that he (plaintiff) instituted Title  Suit 91 of 1999 in the Court of Senior Assistant Judge, Saturia, Manikganj praying for a preliminary decree for partition of .10 decimals of land out of R. S. Plot Nos.172 and 178 of Mouza Dasra under police Station and District Manikganj, ...... Ed. This Case is also Reported in: V ADC (200) 209. ......s. Md. Fazlul Haque and others.........Respondents Judgment May 28, 2007. Lawyer Involved: Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-2. Not represent- Respondents Nos. 3-6. ......ip;…….Petitioner Vs. Md. Fazlul Haque and others.........Respondents Judgment May 28, 2007. Lawyer Involved: Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-2. Not..

Category: Property Law | Date: | Hits: 22