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Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....who died leaving 2 sons, defendant No.1 and another and 2 daughters, that Hasanuzzaman died leaving 3 sons and 3 daughters, that defendant No. 10, daughter of Ellahi Baksha transferred the schedule land to her co-sharer defendant No.9 and he is possessing the same, that defendant No. 9 transferr......uddin Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record - For the Petitioner. Md. Nawab Ali, Advocate-on-Record - Respondent Nos. 1-8. Not Represented – Respondent Nos. 9 -73. Civil Petition for leave to appeal No.630 of 2005 (From the j......irming the judgment and decree; dated February 28, 1994 of the Court of Assistant judge, Nangalkot, Comilla in Title Suit No. 24 of 1991 decreeing the same. The suit was filed seeking declaration that the judgment and order dated June 29, 1987 passed in Miscellaneous Case (pre-emption) No. 6 of ...... Serajul Hoque Majumder.....Petitioner Vs. Bachchu Mia Mojumder and others....Respondents Judgment August 20, 2006. Lawyers Involved: Shahabuddin Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record - For the Petitioner. Md...Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....dah in Title Suit No. 412 of 1987 dismissing the suit. 2. The petitioners instituted above Title Suit No. 412 of 1987 seeking declaration of title and confirmation of possession in the suit land stating, inter alia, that Thomas Twudi possessed the suit land through bargadars and Rakhal C...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Syed Ali Mondal and others ........Petitioners Vs. Dulal Chandra Biswas & others......Respondents Judgment April 24, 2006. Lawyers Involved: ......f 1987 dismissing the suit. 2. The petitioners instituted above Title Suit No. 412 of 1987 seeking declaration of title and confirmation of possession in the suit land stating, inter alia, that Thomas Twudi possessed the suit land through bargadars and Rakhal Chandra Ghosh and others were...... others ........Petitioners Vs. Dulal Chandra Biswas & others......Respondents Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented – the Respondents. Civil Petition for Le..Category: Property Law | Date: | Hits: 30
Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)
....ted the prayer for temporary injunction made by the defendant Nos. 1-6. The trial Court by its order of temporary injunction restrained the defendants from dispossessing the plaintiff from the land in suit till disposal of the suit. 2. The defendants filed a petition seeking inj...... Mst. Anwara Begum and others.......Respondents Judgment November 05, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented–the Respondents. Civil Petition for Leave to Appeal No.1149 of 2005. (From the Judgme......ter of the land in suit by dispossessing the defendants and also for restraining the plaintiffs from transferring the land in suit elsewhere. 3. The suit was filed seeking declaration that the kabala bearing No. 5994 of the year 1969 executed by Md. Aslam in favour of the defendants ......ers…….Petitioners Vs. Mst. Anwara Begum and others.......Respondents Judgment November 05, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented–the Respondents. Civil Petition for Leave ..Category: Property Law | Date: | Hits: 29
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
....3, the kabala bearing No.19698 dated March 28, 1983 and the kabala bearing No. 16758 dated 13.12.1989 are void, collusive and fraudulent. 3. The suit was filed stating, inter alia, that the land in suit belonged to Manada Chandra Ghosh. He borrowed Tk. 1,000/- from Nagesh Chandra Ghosh an......n-Record-For Respondent Nos. 1-2. Not represented - Respondent Nos. 3-5 Civil Petition for Leave to Appeal No. 1521 of 2004. (From the Judgment and Order dated July 14, 2004 passed by the High Court Division in Civil Revision No. 3846 of 1996). Judgment Md. R......…. Petitioners Vs. Piara Khanam and others.....Respondents Judgment May 16, 2006. Lawyers Involved: Md.Osman Ghani, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Responden...... Vs. Piara Khanam and others.....Respondents Judgment May 16, 2006. Lawyers Involved: Md.Osman Ghani, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not r..Category: Property Law | Date: | Hits: 25
Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
.... judgment and decree dated October 31, 1996 of the Additional Court of Assistant Judge, Gazipur in Title Suit No. 19 of 1992. It may be mentioned the plaintiffs filed suit seeking partition of the land in suit claiming saham for 2.37 acres. The appellate Court upon modifying the judgment and dec...... Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Abed Ali being dead represented by his heirs:Abul Hossain and others..........Petitioners (In all cases) Vs. Sona Mian and others..............Respondent (In all cases) Judgment......uch we are of the view the facts averring which plaintiffs filed the suit and the facts averring which defendant filed written statement need not be narrated in details. Facts, in short, are that land in suit belonged to Golam Ali. He died leaving his 2nd wife and 3 daughters, that Golam Al......n all cases) Vs. Sona Mian and others..............Respondent (In all cases) Judgment February 07, 2007. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the petitioners (In all cases). Not represented - Respondents (In all cases). C..Category: Property Law | Date: | Hits: 19
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....ing the same. 2. The appellant herein as the plaintiff instituted above title suit for permanent injunction against the respondent in the 3rd Court of Munsif, Jessore, in respect of the suit land restraining the respondent from disturbing the appellant therefore or interfering i......s to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......it land restraining the respondent from disturbing the appellant therefore or interfering in any way with the peaceful possession of the appellant therein. The case of the appellant was that the land in suit was government khas land. And government granted long term lease of the same t......asina Begum and others...........Respondents Judgment August 26, 2005. Lawyers Involved: Shaikh Razzaque Ali, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Appellant. Md. Nawab Ali, Advcate-on-Record - For Respondent No. 1 (a). ..Category: Property Law | Date: | Hits: 24
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
....tioner (the defendant) against the same judgment and order in Civil Revision No.774 of 2002. 3. The petitioner as plaintiff instituted Title Suit No. 97 of 1997 praying for partition of the land of Khatian No. 710 stating, inter alia, that 12 acres of land in C.S. Khatian No. 710 belonge...... are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ......e defendant) against the same judgment and order in Civil Revision No.774 of 2002. 3. The petitioner as plaintiff instituted Title Suit No. 97 of 1997 praying for partition of the land of Khatian No. 710 stating, inter alia, that 12 acres of land in C.S. Khatian No. 710 belonged to one K...... (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Moulavi Abdul Kader.........Petitioner (In both the cases) Vs. Mozammel Haque & ors....... Respondents (In both the cases) Judgment July 25, 2006. Lawyers Inv..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
.... The facts as stated in the writ petition are that the petitioner firstly obtained the licence from the Upazila Chairman, Katchua, Chandpur, in the year 1990 and set up a Brick Field on 2.00 acres of land in the Lankhpur Mouza, Katchua, Chandpur under the name and style M/s. Tajul Islam Brick Field ...... petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......dent No. 6 to cancel the licence of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts as stated in the writ petition are that the petitioner firstly obtained the licence from the Upazila Chairman, Katchua, Chandpur, in the......) of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ......Respondents Judgment May 02, 2006. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. ..Category: Environmental Law | Date: | Hits: 517
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....Kurigram in Other Class Suit No. 37 of 1994 decreeing the suit in preliminary form. 3. The petitioners filed the above suit praying for partition after declaration of their title in the suit land contending, inter alia, that the suit land appertaining to C.S Khatian No. 117 measuring 2.01...... in: IV ADC (2007) 938. ....... 37 of 1994 decreeing the suit in preliminary form. 3. The petitioners filed the above suit praying for partition after declaration of their title in the suit land contending, inter alia, that the suit land appertaining to C.S Khatian No. 117 measuring 2.01 acres originally belonged to ...... Rai Krishna Shaha vs. Md. Matleb Ali Pramanik and others, 34 DLR (HCD) 179. Lawyers Involved: Subhas Chandra Saha, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for L..Category: Property Law | Date: | Hits: 67
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
.... 5 and another Title Suit being No. 6 of 1968. The trial Court declared the title of the plaintiffs of the aforementioned suits and also passed a decree for recovery of khas possession of the land of the plot numbers as regard which the suits were filed upon evicting the contesting def......il) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdus Sattar Khan being dead his heirs Abul Lais Khan and others......... Petitioners (In both the cases) Vs. 1. Md. Noor@ Nurullah being dead his heirs 1(a) Monjuma Begum and others &h......g dead his heirs 1(a) Monjuma Begum and others ……………Respondents (In both the cases) Judgment August 20, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record - For the Petitioners (In both the cases). J. N. Deb, Advocate, in......hul Amin J Md. Tafazzul Islam J Abdus Sattar Khan being dead his heirs Abul Lais Khan and others......... Petitioners (In both the cases) Vs. 1. Md. Noor@ Nurullah being dead his heirs 1(a) Monjuma Begum and others …………&he..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....dant No.5 and the plaintiff was granted sanction letter in 1985 on condition that the Krishi Bank would supply the machinery on payment of fund in foreign currency and the plaintiff would purchase land and construct factory building for establishment of the Ice Plant and cold storage. It was agr......ismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ...... No.5 and others as the defendants praying for decree declaring the deed of agreement between the parties cancelled and for recovery of compensation to the tune of Tk. 25 lac stating, inter alia, that in terms of Asian Development Bank Loan No. 329 Bangladesh Krishi Bank was entrusted to establ......vision (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Ltd..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....f Assistant Judge, Sribordi, Sherpur in Other Class Suit No. 64 of 1985 decreeing the same. 2. The suit was filed seeking declaration of title and for recovery of khas possession of the land in suit. It is the case of the plaintiffs that they have purchased the land in suit by the ka...... Khairul Alam and others ......Respondents Judgment June 25, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 385 of 2005. (From the Judgm......ss Suit No. 64 of 1985 decreeing the same. 2. The suit was filed seeking declaration of title and for recovery of khas possession of the land in suit. It is the case of the plaintiffs that they have purchased the land in suit by the kabala dated January 19, 1980 from defendant No.4, ......iul Haque and others..... Petitioners Vs. Khairul Alam and others ......Respondents Judgment June 25, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for ..Category: Property Law | Date: | Hits: 18
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
....tion on 28.06.1992 and the order was extended from time to time and was ultimately extended till disposal of the Rule restraining the writ respondents from leasing out the writ petitioner's plot of land to anybody. After hearing of the Writ Petition the Rule issued was made absolute and directio......(2007) 916. ......tition Nos. 5972 of 2003 and 575 of 2004 discharging both the Rules with some directions and observations. 2. The case of the writ petitioner in Writ Petition No. 2301 of 1992, in short, is that the High Court Division passed an order of injunction on 28.06.1992 and the order was extended ...... Rajdhani Unnayan Katripakha & another.............Respondents (In both the cases) Judgment April 22, 2007. Lawyers Involved: Dr. M. Zahir and Ozair Farooq, Senior Advocates (Abdus Samad, Senior Advocate with him) instructed by Aftab Hossain, Advocate-on-Recor..Category: Property Law | Date: | Hits: 46
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....ragraph No. 5 of the written objection, that the application of the petitioner Nos. 1 and 2 was misconceived inasmuch the Investment and the Guarantee Agreement were governed by the laws of England. It is stated that the respondent No. 2 did not make the allegation that the laws of Eng...... is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......return of the plaint under order VII rule 10 of the Code of Civil Procedure filed on behalf of the petitioners on 18.4.2002. 2. The petitioners filed the writ petition stating, inter alia, that on 23.3.2000 the respondent No. 2 filed Money Suit No. 3 of 2000 ("the suit") in the......thers......... Respondents Judgment January 26, 2006. Cases Referred to: Hanak v. Green [1958] 2 All E.R. 141, C.A.; The Leon [1985] 2 Lloyds L.R. 470; Gilbert Ash (Northern) Ltd. v. Modern Engineering (Bristol) Ltd. [1971] 3 All E.R. 195, H.L.; Burrows v. Jemino; ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
.... and 22.09.1984 respectively at Dhaka while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In co...... to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents Judgment May 04, 2005. Lawyers Involved: ......Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....ing them from blocking an alleged passage, described in Schedule B to the plaint, and from disturbing his possession in respect thereof on the allegations, inter alia, that the purchased 1½ katha of lands in mouza Dhanmandi, as described in Schedule A to the plaint, by a registered sale deed dated ......r………………………………………….Appellants Vs. Abu Bakr Siddique…………………………………………………………Respondents Judgment June 18, 1976. Cases Referred to- National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, 7 DLR 606; Israil vs...... Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ...... Bakr Siddique…………………………………………………………Respondents Judgment June 18, 1976. Cases Referred to- National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, 7 DLR 606; Israil vs. Shamsur Rahman, I.L.R. 41 Cal. 436; Daniel vs. Forguson (1891) 2 Ch. 27;..Category: Property Law | Date: | Hits: 31
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
.... 185 of 1976 allowing the appeal in part upon reversing the judgment and decree dated August 27, 1976 of the Additional Court of Munsif (now Assistant Judge) (in charge of 1st Court of Munsif), Goalanda, Faridpur in Title Suit No.120 of 1971 decreeing the same in full and thereby declared the ti...... Supreme Court Appellate Division (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Amal Krishna Chakrabarty being dead his heirs: Kali Das Chakrabarty and others ……………..Petitioners Vs. Se......eclaring title of the plaintiff in respect of 27 decimals of land of R.S. plot No. 205 and also confirmation of possession as regard thereto. 3. The suit was filed stating, inter alia, that the land described in the 'Ka' schedule belonged to Abdul Barik Mollah, that defendant Nos. 8 a......g dead his heirs: Younus Mallik and others.......Respondents Judgment August 7, 2006. Lawyers Involved: N. K. Saha, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave ..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....learned Senior Assistant Judge, Chandina, Comilla in Title Suit No. 28 of 1999 dismissing the suit. 2. The plaintiffs instituted the above suit seeking declaration of their title in the suit land on the averments that the suit land, together with the other lands of CS. Khatian No. 258, or......ners. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 701 of 2005 (From the judgment and order dated 23rd February, 2005 passed by the High Court Division in Civil Revision No. 3050 of 2001). Judgment ...... Judge, Chandina, Comilla in Title Suit No. 28 of 1999 dismissing the suit. 2. The plaintiffs instituted the above suit seeking declaration of their title in the suit land on the averments that the suit land, together with the other lands of CS. Khatian No. 258, originally belonged to Amj......;..Petitioners Vs. Mofizur Rahman and others………….......Respondents Judgment August 22, 2006. Lawyers Involved: Abdul Quayum, Senior Advocate instructed by Sayed Mahbubur Rahman, Advocate-on- Record- For the Petitioners. ..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
.... The respondent instituted the above Title Suit No. 121 of 1990 praying for declaration that the plaintiff i.e. the Government of the People's Republic of Bangladesh, is the owner of the suit land and that the ex parte decree dated 4.3.1975 passed by the learned Munsif (now Assistant Judge)......of Bangladesh represented by the Deputy Commissioner & others, Comilla……………………..Respondents Judgment May7, 2006. Cases Referred To- Md. Afaz Uddin Mollah and others vs. Md. Maizuddin Shaikh, BCR 1983 (AD) ......the learned Senior Assistant Judge, Comilla in Title Suit No. 121 of 1990 decreeing the suit. 2. The respondent instituted the above Title Suit No. 121 of 1990 praying for declaration that the plaintiff i.e. the Government of the People's Republic of Bangladesh, is the owner of the ......nbsp; Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Ap..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....r of the respondent Nos. 1-7, filed the above Miscellaneous Case No. 5 of 1998 (Pre-emption) under section 96 of State Acquisition and Tenancy Act 1950 praying for pre-emption of the case land on the averments that he having purchased .19 acres of land became co-sharer by purchase...... ...... M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mvi. Md. Shafiqur Rahman and another ………….......Petitioners Vs. Ambia Khatoon and others …………………………&......ellip;……………........Respondents Judgment April 26, 2007. Cases Referred To- Kazi Mohammad Joyan Ali and another vs. Raja Pramanik and ors,53 C.W.N. (1 DLR 61); Kafiluddin Chowdhury vs. Dr. Abdus Sattar, 20 DLR 1220; A. Jafar Vs. A. H..Category: Property Law | Date: | Hits: 26
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