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Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....han...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 of 2007) Nawab Katara, (Nimtoli) Dhaka and other………Respondents (In C.P. No.745 of 2007). M. Rafiul Karim & ......itled to be appointed as Mutawalli for the present tenure, i.e. for five years tenure from the date of order and/or such other or further order or orders passed as to that Court might seem fit and proper. At the time of the issuance of the Rule the respondent Nos.4 and 5 were also restrained fro..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. Lawyer......d Court, Dhaka in Title Suit No. 174 of 2002. 2. Brief facts are that the petitioner, as plaintiff, instituted the above suit on 6.11.2002 for declaration of title and partition of the suit properties as shown in 'Ka' and 'Kha' schedule of the plaint on the averments that the suit propert..Category: Property Law | Date: | Hits: 36
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
.... Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Hu......spondent Nos.1 to 8 instituted the Title Suit No.120 of 1992 in the Third Court of the then Subordinate Judge, Dhaka on 27.06.1992 for declaration of title and recovery of khas possession of the suit property after removing all structures from the suit property stating, inter alia, that Abdul Kader ..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....hammad Miah......................Petitioner Vs Atiar Rahman Miah................Respondent Judgment February 11, 2004 Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate instructed by Mohd. Nawab Ali, Advocate-on-Record- For the Petitioner Not re......d of sale if it is not otherwise proved to be antedated and fraudulent would take effect from the date of its execution or from date of its registration. It appears that the High Court Division on proper consideration of legal position and the materials on record came to the conclusion that unde..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
....ngly, the leave petition is dismissed. Ed. ...... husband Molamdi, one daughter plaintiff No.2 and cousin Hanif Biswas. Later on Hanif Biswas died leaving only son plaintiff No.1 as heir. In this way plaintiffs acquired 12 annas share in the suit property and they subsequently sold some land to other persons. Their further case is that Bodillah..Category: Property Law | Date: | Hits: 39
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....DLR (AD) (2008) 14. ......he High Court Division made the Rule absolute holding that the defendants are bona fide purchasers for value without notice and this aspect of the matter has not been discussed by the courts below properly and in support of its decision the High Court Division referred to the case of Mukhtar Hos..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment January 24, 2007. The Constitution of......however, in view of the objection filed by the plaintiff, the Government abstained from evicting the plaintiff from the suit land; the allotment of suit land in favour of Rustam Ali is genuine and proper; the Government is taking steps to evict the plaintiff from the suit land and hence the suit..Category: Property Law | Date: | Hits: 37
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
.... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment Febr......w days later. The Election Commission's power to give the direction has not been challenged, nor can it be, in view of its general power of conducting, supervising and holding elections in fair and proper manner. The uncontested election having been declared in disregard to the Election Commissi..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....Reported in: 42 DLR (AD) (1990) 133. ......granting of probate. 2. Facts as follows:— One Sarat Kumar Kanungoo made a Will on 19th March, 1986 and a few days later he died on 11.4.86. Whereby he bequeathed all his moveable and immoveable properties to the appellant who was made executrix of the said Will. She filed the Probate case for ..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Dr. Syed Matiur Rob being dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October ...... are substituted. The appellant's father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties, three houses being holding No. 5 Bakshibazar, Dhaka; House No. 18-A, Road No. 20, Dhanmo..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
.... Vs. Robeya Begum & others………………Respondents Judgment August 24, 2006 Cases Referred To- Shah Newaz Ebne Mustaque and others Vs. Shah Alam and others, 55 DLR (AD) 69; Baburam Lal and another vs. Debdas Lola, AIR 1......ecified in column 3 of the Article 182 of the limitation Act is applicable to it and as Article 182 5 of the Limitation Act provides that an application is to be made in accordance with law to the proper Court for execution or to take some step-in-aid of execution of the decree. 8. In 55..Category: Procedural Law | Date: | Hits: 93
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....ulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) Narash Chandra Bhattacharjee.....Appellant (In Civil Appeal No. 50 of 1995) Hari Sankar Chowdhury.......... of 1988. 2. Plaintiff-appellants in their suit alleged, inter alia, that the suit land originally belonged to one Amar Krishna Chowdhury and others. On 26.3.1936 they let out the suit property to one Protul Kumar Sen by a registered BHARANAMA for 9(nine) years at a monthly rental of..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....t Appellate Division (Civil) Present: A. T.M. Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Umed Ali and another……………...... plaintiff-Appellant Vs Mst. ......discharged by the impugned judgment and order upholding the view taken by the learned District Judge in appeal. 6. Leave was granted to consider whether the aforesaid view was legal and proper and the suit was liable to be dismissed as a whole. 7. Admittedly the plaintiffs ..Category: Civil Law | Date: | Hits: 103
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....dvocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respondent No. 3. C......ider whether the High Court Division was right in invoking its inherent powers under section 151 C.P.C in a Suit which is yet to be filed and further whether the impugned order was otherwise a proper one in the facts and circumstance of the case. 5. Section 151 of the Code of Civil P..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyer......ided that the respondent No.1 will pay 20,00000/- (Twenty lacs) to the petitioner towards the sale proceeds of the fishes. 3. The further case of the petitioner was the when after proper accounting of the business transaction it was found that the respondent No.1 failed to inves..Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
..... R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim)....................Appellant vs Md. Hebjul Bari and others…………………...Respondents Judgment ......as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No.1 (Writ-Petition) filed the above ..Category: Election Law | Date: | Hits: 108
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....r the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Appeal No.13 of 2002 (From the Judgment and Order dated 14th November, 2000 passed by the High Court Division, in Criminal Appeal No.772 o......me and as such conviction and sentence can hardly be sustained. In our view, the High Court Division committed an error of law in not considering that the aforesaid evidence on record in their proper perspective. For all the above reasons, we find that the appellant is entitled to be requit..Category: Criminal Law | Date: | Hits: 53
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
.... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being de......tate, Roy Chowdhury who owned Gouripur Zamindari Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so..Category: Property Law | Date: | Hits: 43
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....0/- Ed. ......finding that there was no surrender of korfa tenancy by Jairuddin to Kuran Mondal. The learned Counsel has also submitted that the Exts. B and B(8) having not been brought before the Court from the proper custody and that the contents thereof having not been proved and that the presumption ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....urt Appellate Division (Civil) Present: Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J The Chairman, Bangladesh Telephone and Telegraph Board, Telejogajog Bhaban, 37/E, Eskaton Garden Road, P. S: Ramna, Dhaka-1000..............2002 some miscreants attacked the Ansars on duty in T & T colony and tried to snatch away the 303 rifles from them and in order to protect the Government arms and ammunitions and the Government properties the Ansars opened bank fire and the miscreants started firing from all sides on th..Category: Others | Date: | Hits: 97
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