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Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)

....of Senior Assistant Judge, Nasirnagar, Brahmanbaria in Title Suit No. 38 of 1993 dismissing the Title Suit No. 4 of 1991 same. The suit was filed seeking declaration of title in respect of the land of first schedule and for recovery of khas possession in respect of the land of second sc......or Respondent Nos. 3 and 9 Not represented-Respondent Nos. 1, 2, 4-8 & 10-49 Civil Petition for Leave to Appeal No.1491 of 2004 (From the Judgment and Order dated January 28, 2004 passed by the High Court Division in Civil Revision No. 625 of 1998). Judgment Md. Ruhul A...... Vs. Monowara Begum and others ......Respondents Judgment May 16, 2006. Lawyers Involved: Md. Abu Siddique, Advocate-on-Record-For the Petitioners Sufia Khatun, Advocate-on-Record-For Respondent Nos. 3 and 9 Not represented-Respondent Nos. 1, 2, 4-......ellip;…… Petitioners Vs. Monowara Begum and others ......Respondents Judgment May 16, 2006. Lawyers Involved: Md. Abu Siddique, Advocate-on-Record-For the Petitioners Sufia Khatun, Advocate-on-Record-For Respondent Nos. 3 and 9 Not..

Category: Property Law | Date: | Hits: 23

Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)

....ng the same. 2. The leave petitioner filed the Title Suit No. 44 of 1985 before the Assistant Judge, Pangsa, Rajbari, seeking for a decree of specific performance of contract for sale of the land measuring,an area of 1.22 acres stating, inter alia, that the respondent (defendant No. 1) pro...... Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented-Respondent No. 2. Civil Appeal No. 168 of 2002 (From the judgment and order dated 28th June, 1999 passed by the High Court Division in Civil Revision No. 3737 of 1995). Judgment Mohammad...... Suit No. 44 of 1985 before the Assistant Judge, Pangsa, Rajbari, seeking for a decree of specific performance of contract for sale of the land measuring,an area of 1.22 acres stating, inter alia, that the respondent (defendant No. 1) proposed to sell the land described in the schedule of the pl...... Abdul Hamid Mandal and others .....Respondents. Judgment May 20, 2007. Lawyers involved: Md. Serajul Huq, Advocate instructed by A. K.M. Shahidul Huq, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. N..

Category: Property Law | Date: | Hits: 30

Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)

....ale in certificate case No. 615 BK of 1981-82 is fraudulent and void. The appellate Court upon allowing the appeal decreed the suit and thereupon directed the defendant Nos. 1-3 to vacate the land in suit within 30 days failing which plaintiff would be entitled to take delivery of poss...... IV ADC (2007) 832. ......espondents Judgment March 27, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Gobinda Chandra Tagore, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Respondent No. 1. Not represented-Respondent Nos. 2-4. ......ul Islam and others….Petitioners Vs. Shoshti Rani and others......Respondents Judgment March 27, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Gobinda Chandra Tagore, Advocate, instructed by Sufia Khatun, Advo..

Category: Property Law | Date: | Hits: 22

Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

....re were certain property which were left out of the waqfnama but those were also recorded in the R.S. Khatian as waqf property in accordance with the wish of the wakif. For dealing with the excess land a miscellaneous case being Miscellaneous Case No. 10 of 1952 was started by the Revenue O......……………………………………………………..Appellant Vs. Abdur Rashid & others.…………………………......llip;……………………………..Respondents Judgment January 11, 1982. Cases Referred to: Mst. Khairunnessa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Say......sa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Sayeeda Khatun and others 14 DLR (Dacca) 163. Lawyers Involved: M. H. Khondkar, Senior Advocate, instructed by M.A. Jalil, Advocate-on-Record-For the Appellant. ..

Category: Trust/Waqf Law | Date: | Hits: 171

Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)

....f the High Court Division passed in Second Appeal No. 665 of 1968 on August 3, 1979. 2. The predecessor of respondent Nos. 1 to 7 instituted O.C. Suit No. 61 of 1965 for declaration that the suit land appertained to his original C.S. khatian No. 27 and that the property recorded in the new Khati......�…………..….Appellant Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others….……..Respondents Judgment January 5, 1982. Result: The appeal is dismissed. Cases Referred to- Srimatijan Vs. Fulja Khatun, AIR 1941 (Cal) 266; Nasib Ali Vs. Wajed Ali, AIR ...... Shaikh, being dead his heirs: Md. Naimuddin and others….……..Respondents Judgment January 5, 1982. Result: The appeal is dismissed. Cases Referred to- Srimatijan Vs. Fulja Khatun, AIR 1941 (Cal) 266; Nasib Ali Vs. Wajed Ali, AIR 1927 (Cal) 197; Mt. BiBi Maniram Vs. Md. Ish......1963 (P.C.) 229; ILR 15 (Cal) 684; AIR 1927 (P.C.) 22; Antaz Mia vs. Md. Mustafa, (1965) 17 DLR 112; Ismail Sayed vs. Commissioner of Karachi, 1968 SCMR 509. Lawyers Involved: K. A. Bakr, Senior Advocate, instructed by B. Hossain Advocate-on-Record –For the Appellant. Mohammad Abdur Ro..

Category: Property Law | Date: | Hits: 37

Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)

....Malekun Bibi; Bibijan Bewa died leaving behind brothers' sons Moyen Mondal, Jabbar Mondal and Rahimuddin. Malekun by a registered deed of heba-bil-ewaz deed dated 5.2.1982,transferred 6.32 acres of land to her brother's sons, the pre-emptee petitioners, and on the same date the pre-emptee petitio...... J MM Ruhul Amin J Md. Tafazzul Islam J Haji Ebad Ali Akanda and others…………….Petitioners Vs. Haji Basiruddin Akanda and others…………Respondents Judgment ......emptor respondentNo.1, instituted Miscellaneous Case No. 62 of 1982 in the Court of Assistant Judge, Nandigram under, which on transfer was renumbered as Miscellaneous Case No. 43 of 1984, stating that the jote under pre-emption belonged to Khudia Akand who died leaving behind two wives Taijan Be...... Basiruddin Akanda and others…………Respondents Judgment November 29, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Civil Review Petition No. 9..

Category: Property Law | Date: | Hits: 34

Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)

....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......irmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......iff instituted the above Title Suit No. 120 of 1997 in the Court of Subordinate Judge, Artha Rin Adatal No.3, Dhaka for realization of Tk. 9,30,826/- together with 20% interest, stating, inter alia, that the defendant-petitioner-firm, M/s. Abul Hossain and Brothers approached the plaintiff-Bank on......pali Bank Limited, Johnson Road, Dhaka and others......Respondents Judgment December 10, 2006. Result: The leave petition is dismissed. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Petitioners. Ahsanull..

Category: Banking Law | Date: | Hits: 85

Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)

..... 324 were Lalkha, Isha Kha, Ali Kha, Zion Kha, Mia Kha and Guda Kha; that the schedule property devolved upon Isha Kha, which is stated in Khatian No. 324 that Isha Kha transferred 52 decimals of land from northern side on 03-11-1915 during C.S. operation to Sheikh Falu and Tilumuddin that Shei......dingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......nt and order dated 25th March, 2003 passed by a Single Bench of the High Court Division in Civil Revision No. 5731 of 2001 discharging the Rule. 2. The facts, leading to this petition, are that the plaintiff-respondents filed Other Suit No. 161 of 2000, alleging, inter alia, that the owne......ellip;…Petitioner Vs. Md. Abu Bakar Siddique Khan and others......Respondents Judgment July 11, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Enayetur Rahim, Advocate, instructed by A.K.M Shahidul Huq Ali, Adv..

Category: Property Law | Date: | Hits: 33

Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)

....ing the rule absolute. 2. The respondent Nos.1 to 3 as plaintiffs instituted Title Suit No. 7 of 1989 in the Court of Subordinate Judge, Shariatpur for declaration of their title in the suit land and for a declaration that the order dated 20.02.1989 passed by the Additional Deputy Commiss......petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ...... 2. The respondent Nos.1 to 3 as plaintiffs instituted Title Suit No. 7 of 1989 in the Court of Subordinate Judge, Shariatpur for declaration of their title in the suit land and for a declaration that the order dated 20.02.1989 passed by the Additional Deputy Commissioner (Revenue), Shariatpur, ...... Mst. Mariam Bibi.............. Petitioner Vs. Shiraj Madbar and others.........Respondents Judgment August 1, 2006. Lawyers Involved: M. A. Mannan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represen..

Category: Property Law | Date: | Hits: 25

Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....o. 922 of 2006 allowing the prayer of respondent No. 11 adding her as respondent in the writ petition and also directing the respondent No. 3 not to disturb the writ petitioner's possession in the land as mentioned in the petition till expiry of his lease period. 2. Short facts are that t......is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......petition and also directing the respondent No. 3 not to disturb the writ petitioner's possession in the land as mentioned in the petition till expiry of his lease period. 2. Short facts are that the petitioner filed the above mentioned writ petition challenging Memo dated 17.08.2005 ......s, Bangladesh Secretariat Building, Ramna, Dhaka-1000 & others .................Respondent Judgment July 3, 2006. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Dr. A. K. M. Ali, Advocate with him), instructed by Md. Nawab Ali, Advocate-on-Record-..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)

....002 passed by a Division Bench of the High Court Division in Writ Petition 2382 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner was the owner of 1.33% acres of land of C.S. Plot Nos. 1081 and 1082 of C.S. Khatian No.14 and an area of 1.06 acres of C.S. Plot N......y B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 282 of 2004. (From the judgment and order dated 14.01.2002 passed by the High Court Division in Writ Petition No. 2382 of 1999). Judgment &...... is directed against the judgment and order dated 14.01.2002 passed by a Division Bench of the High Court Division in Writ Petition 2382 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner was the owner of 1.33% acres of land of C.S. Plot Nos. 1081 and 1082 of C.......preme Court Appellate Division (Civil) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka & others………………Pet..

Category: Property Law | Date: | Hits: 26

Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)

....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......tab Hossain, Advocate-on-Record-For Respondent Nos. 1 and 2. Not represented-Respondent Nos. 3-6. Civil Appeal No. 101 of 2000. (From the Judgment and Order dated November 6, 1990 passed by the High Court Division in Admiralty Suit No. 8 of 1988) Judgment &nb......by leave has been filed by the plaintiffs against the judgment dated November 6, 1990 of the High Court Division in Admiralty Suit No. 8 of 1988 dismissing the same. The case of the plaintiffs is that Chalna Carriers and Fibres Ltd. a Private Limited Company (plaintiff No.1) is the owner of oil ...... Vs. M/s. Shainpukur Navigation Ltd. and others……………Respondent Judgment December 7, 2005. Lawyers Involved: Shaheed Alam, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. Mo..

Category: Admiralty Law or Maritime Law | Date: | Hits: 210

Paritosh Rudra Vs. State, 2007, 36 CLC (AD)

....edural defect in the trial nor the learned Advocate for the petitioner ventured to submit so. It appears that the petitioner raised a plea of alibi but failed to substantiate his claim by landing evidence. It further appears that there is no denial to the fact that the deceased wer......C (2007) 702. ......e, Cox's Bazar in Sessions Trial Case No. 81 of 2001 convicting him (petitioner) under Section 302 of the Penal Code and sentencing him to death. 2. The prosecution case, in brief, is that one Purnendu Bikash Rudra of Kakara, Cox's Bazar on 04-12-2000 filed a petitioner of compl......lip;………Petitioner Vs. The State............................Respondent Judgment May 7, 2007. Lawyers Involved: Abdul Baset Mazumder, Senior Advocate, with J. B. M. Hassan instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Pe..

Category: Criminal Law | Date: | Hits: 43

Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)

....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... Sufura Khatun and others.........Respondents Judgment May 20, 2007. Civil Petition for Leave to Appeal No. 970 of 2005 (From the Judgement and order dated 05.07.2005 passed by the High Court Division in Civil Revision No. 2693 of 2002). Lawyers Involved: T......preme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Siddiqullah and others.........Petitioners Vs. Sufura Khatun and others.........Respondents Judgment May 20, 2007. Civil Petition for ...... Md. Joynul Abedin J Md. Siddiqullah and others.........Petitioners Vs. Sufura Khatun and others.........Respondents Judgment May 20, 2007. Civil Petition for Leave to Appeal No. 970 of 2005 (From the Judgement and order dated 05.07.2005 passed by t..

Category: Property Law | Date: | Hits: 35

Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....it No.3 of 1984 in the Court of the learned Munsif ( now Assistant Judge), Nazirpur Upazila, Pirojpur against the defendants-respondents for declaration of title in respect of several plots of land including R.S. Plot No.712 measuring 0.86 acres being homestead land on the current; that the......Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ex-parte - the Respondent. Civil Appeal No.449 of 2001 (From the judgment and order dated 29th May, 1997 passed by the High Court Division in Civil Revision No. 274 of 1988). Judgment ...... Pirojpur against the defendants-respondents for declaration of title in respect of several plots of land including R.S. Plot No.712 measuring 0.86 acres being homestead land on the current; that the plaintiff and defendant No.1 have been possessing the same amicably but the defendant Nos.2......d others………………………..Respondents Judgment May 27, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ex-parte - the Respondent. Civil Appeal No.449 of 2001 (Fro..

Category: Property Law | Date: | Hits: 30

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

....sistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff, in short, is that the land in suit, which is hom......ed by Serajur Rahman, Advocate-on-record -For Respondent No.1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 588 of 2001 [From the Judgment and Order dated March 29, 1998 passed by the High Court Division in Civil Revision No. 2248 of 1991 (Dhaka) and Civil Revision No.2......eeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff, in short, is that the land in suit, which is homestead, belonged to Jairuddin and in his name C.S.record was prep......llip;………………………………..Respondents Judgment March 23, 2006. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Appellants. Dr. Rafiqur..

Category: Property Law | Date: | Hits: 28

Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)

....istant Judge, Fulbari, in Other Suit No.37 of 1986 decreeing the suit. 2. The appellants, as plaintiffs, filed the above Other Suit No. 37 of 1986 for declaration of their title in the suit land on the averments that the suit land originally belonged Moharaja Jogodipendra Narayan Bhup Bah......dvocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Ex-parte- The Respondent(s). Civil Appeal No. 04 of 2002 (From the judgment and order dated 23.6.1997 passed by the High Court Division in Civil Revision No. 908 of 1991). Judgment &......in Other Suit No.37 of 1986 decreeing the suit. 2. The appellants, as plaintiffs, filed the above Other Suit No. 37 of 1986 for declaration of their title in the suit land on the averments that the suit land originally belonged Moharaja Jogodipendra Narayan Bhup Bahadur and Abdul Hafez Ah......hellip;… Appellants Vs. Sarkar Mahmud and others .......................Respondents Judgment February 14, 2007. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Ex-parte- ..

Category: Property Law | Date: | Hits: 28

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

....r Suit No. 459 of 1987 decreeing the suit. 3. The respondents 1 and 2 filled (filed) the above suit on the averments that Bimalendu Roy, Tarini Prasad and two others took pattan of the suit land and C.S. Record was prepared in their names and subsequently Tarini Prasad and the two others ......Record-For the Petitioners. Amir Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 132 of 2005. (From the Judgment and order dated 22.6.2003 passed by the High Court Division in Civil Revision No.1229 of 1992). Judgment &n......ted 18.08.88 passed by the learned Assistant Judge, Rangpur Sadar in Other Suit No. 459 of 1987 decreeing the suit. 3. The respondents 1 and 2 filled (filed) the above suit on the averments that Bimalendu Roy, Tarini Prasad and two others took pattan of the suit land and C.S. Record was pr......p;……Petitioners Vs. Khariat Hossain and others.....................Respondents Judgment July 23, 2006. Lawyers Involved: Omar Faruq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Amir Hossa..

Category: Property Law | Date: | Hits: 27

Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

....instituted the above Other Suit No.110 of 1982 for declaration that the registered Deed of Sale being No. 5666 dated 13.12.1956 alleged to have been executed and registered by him in respect of the land described in schedule 1 (ka) of the plaint is forged, void and not binding upon him and also ...... Advocate-on- Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1658 of 2004. (From the Judgment and order dated 29th June, 2004 passed by the High Court Division in Civil Revision No.7212 of 1991). Judgment &nbs......a, Chittagong in Other Suit No. 110 of 1982 decreeing the suit in part. 2. The plaintiff, the predecessor of the petitioners, instituted the above Other Suit No.110 of 1982 for declaration that the registered Deed of Sale being No. 5666 dated 13.12.1956 alleged to have been executed and r......…......... Petitioners Vs. Anwara Begum and others……….Respondents Judgment May 25, 2006. Lawyers Involved: Rabi Shankar Chakraborty, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioners. ..

Category: Civil Law | Date: | Hits: 83

Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)

....cts, leading to this petition, are that the plaintiff-respondent instituted Other Class Suit No. 109 of 1985 praying for permanent injunction restraining the defendants from entering into the suit land or from dispossessing him from the suit land in the Court of Assistant Judge, Ghatail, Tangail......(2007) 658. ...... judgment and order dated 26-06-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 3458 of 1997 making the Rule absolute. 2. Facts, leading to this petition, are that the plaintiff-respondent instituted Other Class Suit No. 109 of 1985 praying for permanent inju...... Md. Abdul Jalil Khan and others……………….Respondents Judgment August 28, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to ..

Category: Property Law | Date: | Hits: 23

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