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Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
.... as his legal heirs who were living at 59 Alhamara Housing Society Karachi-8 Pakistan, and that Syed Mojibur Rob or his heirs having ceased to manage, supervise and control the properties in question personally they were rightly treated as abandoned properties. 5. The case of Provati Biddya Niket......er from a doctor showing that he died on 6.12.1971 due to heart failure. As the only heir of his father the appellant sold his father's house at 5 Bakshibazar, Dhaka to one Mrs. Sahera Khatun. That property was also treated as an abandoned property, but on an application filed by Mrs. Sahera Khatu..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....2, discharging the rule. 7. Hence is this petition 8. In support of the petition Mr. Nurul slam Bhuiya, learned Advocate-on-Record submits inter alia, that the plaintiff having no personal interest in the suit property the suit is barred under Section 56(k) of the Specific Relie...... instituted Title Suit 4o of 1989 in the 2nd Court of the learned Joint District Judge, Dhaka for permanent injunction against the petitioner, the defendant No. 5 and others in respect of the suit property measuring 29.52 acres of land stating, inter alia, that the plaintiff, was Finance Directo..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......er court may be enforced. If the effect of the decision of the appeal were to nullify the execution proceedings, much injustice would be caused in a great many cases. Suppose, for instance, the property of the judgment-debtor is attached, and the property is put up for sale. If in the meanwh..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....ven-handed manner. There is no warrant for according a step motherly treatment when the 'State' is the applicant praying for condonation of delay. In fact experience shows that on account of an impersonal machinery (no one in charge of the matter is directly hit or hurt by the judgment sought ......he judgment and decree dated 14.8.1991 of the 1st Court of Assistant Judge, Dhaka in Title Suit No. 133 of 1991. The suit was filed seeking declaration that the plaintiff is entitled to hold the suit property as a original lessee and also entitled to get the property mutated in his name and the orde..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ...... 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. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... Ltd. represented by its Secretary Md. Saiful Islam hereinafter referred to as the Society filed a petition before the Additional Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property measuring 0.70 decimals of land out of 1.62 acres of S.A Khatian No. 1419. Plot Nos. 2..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ....... operation the land in suit was recorded in name of said 3 sons and therein wrongly name of defendant No.1 was recorded with the remark life interest, that defendant No.1 had neither inherited the property of Jatinadra nor got any property from Jatindra by deed of gift, that the claim of the de..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......arises out of the judgment and order dated 31.07.2000 passed by the High Court Division in Civil Revision No. 664 of 1994 discharging the rule. 2. The appellant challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Mi..Category: Procedural Law | Date: | Hits: 70
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ury by some other sharp cutting weapon, etc. It appears that the informant has got enmity with accused persons, falsely implicated them in this case with a malafide intention to feed fat their personal grudge, the informant party filed the case against the accused appellants as such the impu......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......the cited case it was further held that after the completion of the sale by the registration of the instrument of transfer the purchaser can maintain a suit against the vendor for possession of the property sold notwithstanding non payment of the purchase money. 14. Regarding possess..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......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
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......nst the judgment and decree dated 08.02.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 1608 of 1992 discharging the Rule. 2. Short facts are that the disputed property belonged to one Abdul Jalil who got the same by way of lease from the Government. While p..Category: Property Law | Date: | Hits: 34
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......uza Ekbarpur, Police Station-Pirganj, District-Rangpur to the plaintiffs on various dates from 1348 B.S. to 1353 B.S. The plaintiffs are in possession of the same by paying rent regularly. The suit property was correctly recorded in the names of the plaintiffs and subsequently the same was cance..Category: Property Law | Date: | Hits: 37
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......ituted Other Class Suit No. 60 of 1997 praying for permanent injunction restraining the defendant-petitioner from dispossessing or creating any disturbance in their peaceful possession of the suit property stating, inter alia, that the property originally belonged to Ganjela Roy who sold the pro..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....is diplomatic passport from the Ministry of Foreign Affairs within a reasonable time and he also neither purchased any air ticket for him and his family nor made arrangements for transportation of personal effects, that tne Government reserves the right to cancel any appointment of a public serv......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relating to the suit property in favour of the plaintiff after accepting the price fixed by the Government for the prop..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ...... the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......ed on 22.5.1989), in Other Class Suit No. 37, 1987 and the final decree dated 9.1.1997 passed in the aforesaid suit be set aside and also prayed for a separate saham in respect of the property described in the 'ga' schedule within the 'kha' schedule property. The appellant filed an ..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ration of possession in the aforesaid Other Suit No. 101 of 1985 which was rejected on 28.05.2001 and that the heirs of Aminul Hoque co-defendant in Other suit No. 101 of 1985 transferred the suit property in favour of the respondent Nos. 1 and 2 through three kabalas of the years 1997, 1999 and..Category: Property Law | Date: | Hits: 34
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