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Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....qf deed and the conduct of the present petitioner Mr. T.I. Khan and found that filing of the title suit claming the Waqf property as his personal properties and executing a mortgage deed including land of the Waqf property are all acts done against the interest of the Waqf Estate and therefore h......l) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Tariqul Islam Khan...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 of......olute in Writ Petition No.7189 of 2005, also making the Rule absolute in Writ Petition No.7569 of 2005: and discharging the Rule in Writ Petition No.4078 of 2005. 2.The facts, in short, are that on an application under Article 102 of the Constitution in Writ Petition No. 7569 of 2005 a Ru...... M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Tariqul Islam Khan...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 of 2007) Nawab Katara, (Nimtoli) Dhaka ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ver for appointing a receiver; in a partition suit between the members of a joint family the court will not appoint a receiver except by consent and specially where the family property consists of land, special circumstances must be proved before the Court; the plaintiff must satisfy the Court t......ition is dismissed. Ed. ...... 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. ......ner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner Saleemullah Advocate, instructed by Sufia Khatun, Advoc..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... absolute. 2. The predecessor of the plaintiff instituted Title Suit No.47 of 1999 in the 2nd Court of Joint District Judge at Narayangonj for simple declaration of title in respect of suit land against the defendant. 3. The defendant contested the suit by filing a written stateme...... (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Awal and others.........Petitioners Vs. Narayan Chandra Das.........Respondent Judgment August 2, 2007. Lawyers Involved: A. Y. ...... Judge at Narayangonj for simple declaration of title in respect of suit land against the defendant. 3. The defendant contested the suit by filing a written statement. His main defence was that by two registered sale deeds being Nos. 965 and 966 dated 30.01.1970 the plaintiff transferred ...... Narayan Chandra Das.........Respondent Judgment August 2, 2007. Lawyers Involved: A. Y. Ahmed Ali Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent ..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
..... 90 of 1991. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 90 of 1991 before the Senior Assistant Judge, Nalitabari for recovery of possession of the possession of the suit land under Section 9 of Specific Relief Act stating, inter alia, that the suit land recorded in R.S......bsp; Civil Petition for Leave to Appeal No. 1427 of 2005 From the judgment and order dated the 26th June, 2004 passed by the High Court Division in Civil Revision No.2103 of 1992.) Judgment: &......r Class Suit No. 90 of 1991 before the Senior Assistant Judge, Nalitabari for recovery of possession of the possession of the suit land under Section 9 of Specific Relief Act stating, inter alia, that the suit land recorded in R.S. Khatian No.241, fully described in the schedule to the plaint wa...... Vs. Md. Ahamed Ali and others........................ ...........Respondents Judgment May 22, 2007 Lawyers Involved: Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner N.H. Khandaker, Advocate-on-Record- For the Respondent No.1 &n..Category: Property Law | Date: | Hits: 51
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....his wife and accused Mohir Fakir is also his full brother. The High Court Division further held that both the condemned prisoners each dealt only one blow on the victim and accused Joynal Fakir had land dispute with his brother Moina and there was an attempt for Salish over the matter. 7. ...... arrived at a correct decision. The petition is dismissed. Ed. ...... Vs. Joinal Fakir & another.........Respondents Judgment November 28, 2007 Lawyers Involved: Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner Not represented- Res................................Petitioner Vs. Joinal Fakir & another.........Respondents Judgment November 28, 2007 Lawyers Involved: Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner ..Category: Criminal Law | Date: | Hits: 36
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....in died leaving Samiruddin and others as his heirs. Samiruddin and others sold two Pakhi on 12.09.1955 to plaintiff's name and bename and possession was handed over. Plaintiff was possessing the suit land since then. But the defendant Nos.1 to 8 dispossessed the plaintiffs by force on 09.01.1992 and......tructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent. Not represented-Nos. 9-21. Civil Petition for Leave to Appeal No. 855 of 2004 (From the judgment and order dated 20.04.2004 passed by the High Court Division in F. A. No.68 of 2002 with Civil Rule No. 282 (F) of 2002.) Jud......on in First Appeal No. 68 of 2002 affirming the judgment and decree dated 23.11.2001 passed by the Joint District Judge, 5th Court, Dhaka in Title Suit No.135 of 1997. 2. The facts, in short, are that the predecessor-in-interest of the respondent Nos.1 to 8 instituted the Title Suit No.120 of 199...... Division (Criminal) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dea..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
.... Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and also for partition alleging, inter alia, that the land measuring an area of .77 acres out of 1.10 acres of Plot No.1308 appertaining to R.S. Khatian ...... Not represented- Respondent Civil Petition for Leave to Appeal No. 1298 of 2002 (From the judgment and order dated 15.06.2002 passed by the High Court Division in Civil Revision No.3857 of 1998.) Judgment: &......s directed against the judgment and order dated 15.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.3857 of 1998 making the Rule absolute. 2. Short facts are that the petitioner instituted Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Far...... J Mohammad 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 ..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 2. Short facts are that the petitioners as plaintiffs filed Title Suit No.57 of 1987 in the Court of the learned Assistant Judge, Chougancha, Jessore for declaration of their title to the suit land and confirmation of possession therein stating, inter alia, that the 'Ka' schedule land of th......rdingly, the leave petition is dismissed. Ed. ...... the judgment and decree passed by learned Assistant Judge, Chougancha, District-Jessore in Title Suit No.57 of 1987(subsequently re-numbered as Title Suit No.4 of 1994). 2. Short facts are that the petitioners as plaintiffs filed Title Suit No.57 of 1987 in the Court of the learned Assist...... Vs. Md. Karim Box Sardar & others...............................Respondents Judgment February 9, 2004. Lawyers Involved: AKM Shahidul Huq, Advocate-on-Record- For the Petitioners Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1 ..Category: Property Law | Date: | Hits: 39
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the disputed land measuring .09 acres in Chandina Jote right under the Court of Wards on behalf of one Amullya ......d premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......ed to- 16 DLR (SC) 281; 25 DLR (HC) 476. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, appeared on behalf of Md. Fazlul Karim, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners Not represented- The Respondents ........................Respondents Judgment January 29, 2007. Cases Referred to- 16 DLR (SC) 281; 25 DLR (HC) 476. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, appeared on behalf of Md. Fazlul Karim, Senior Advocate, instructed by Sufia Khatun, A..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....ract on the averments that late Noor Ali Akunji, the defendant No. 1 in the above suit and the predecessors in interest of the respondent Nos. 5 to 12, was the owner in possession of the suit land measuring 3.93 acres and he on 29-11-1976 entered into an agreement with the plaintiff for sal......77), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser for value and has paid the money in good faith and without notice of the original contract&hel......Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser for value and has paid the money in good faith and without notice of the ori......ode of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of facts arrived at by the courts below cannot be disturbed unless there is non-reading, misreading, misconstruction or misappropriation of evidence on record. …………….(19 and 20) ..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injunction against the Government is not maintainable by such trespass......y the Deputy Commissioner and others......Respondents Judgment January 24, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of p...... ......sh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injuncti..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Inv......ight, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, D......uired and gazette notification is published under section 5(7) of the Emergency Requisition of Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ......nd gazette notification is published under section 5(7) of the Emergency Requisition of Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(..Category: Property Law | Date: | Hits: 46
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......ndents Judgment October 31, 1989. The Bangladesh Abandoned Properties (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972) Section 2 The Constitution of Bangladesh, 1972 (as amended upto-date) Articles 102 & 103 A mere denial by the respondent of a fact in issue r...... The Constitution of Bangladesh, 1972 (as amended upto-date) Articles 102 & 103 A mere denial by the respondent of a fact in issue raised by the petitioner in a writ petition will not render that fact a disputed fact but if the assertion made by the petitioner is not supported by materials t...... 103 A mere denial by the respondent of a fact in issue raised by the petitioner in a writ petition will not render that fact a disputed fact but if the assertion made by the petitioner is not supported by materials to the satisfaction of the Court the Court may refuse to act on such assertion. W..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....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 Director of Uddog Multi Purpose Coop......, called for. The leave petition is accordingly dismissed. Ed. ......istrict Judge is fully justified in rejecting the petition….(23 & 25) Lawyers Involved: Nurul Islam Bhuiya, Advocate- on-Record- For the Petitioner. Sufia Khatun, Advocate-on Record - For Respondent No. 1. Not represented-Respondent Nos. 2-6. ......esent: Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mohammad Ali........................ Petitioner Vs. Lt. Col. (Retired) Habibullah Bahar & ors. ..................Respondents Judgment July11, 2006. The Code of Civ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....ation of title and recovery of khas inasmuch as possession was decreed on contest on 30.09.1980 and title execution case No.18 of 1980was started for taking delivery of possession in the suit land. It is on record that the Judgment debtor filed first Appeal No.20 of 1981 before the High Cou......Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......in Ahmed, Senior Advocate, (Harendra Nath Nandi, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos.1-3 Jillul Huq, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For Respondent Nos. 4-7 Added party) Civil Appeal No.188 of 2004.......ilal Vs. Badri Prasad and another, AIR 1960 Rajasthan 249; L. Bengali Mai and others Vs. Baijnath Prasad and others, AIR 1942 Allahabad 338. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....ice Station, asked the defendants to mutate his name in respect of the suit property but the same was refused and' on March 27, 1991 the authority directed the plaintiff to handover possession of the land in suit. Hence the suit. 3. The suit was contested by the defendants by filing written state......vernment of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ullah Malik vs. The Custodian of Evacuee Property, West Pakistan Karachi an......n of the appeal. The appeal was filed against the 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 ge......min J Md. Tafazzul Islam J Sonar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 200..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....ents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the suit land. Defendant -respondent No. 1 Sreemati Shaivalini Gosh filed S.C.C. suits against the appellant...... ......tan 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................. Present: A.T.M.Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sree Amulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder........Category: Property Law | Date: | Hits: 106
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ...... the observation/direction made above. The leave petition is thus disposed of. Ed. ......yed Ziaul Karim, the learned Advocate, appearing on behalf of the petitioner referring to section 29 of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995, hereinafter referred to as the Act submits that under the aforesaid provision of law, the case against the petitioner cannot be tried by the Sp......he Deputy Commissioner, Cox's Bazar...........Respondent Judgment March 7, 2004. Lawyers Involved: Syed Ziaul Karim, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondents Criminal Petition for leave to App..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......ses merits for consideration and accordingly, it is dismissed. Ed. ......ode sentencing him to suffer imprisonment for life and pay a fine of Tk. 5,000/00 and in default to suffer rigorous imprisonment for further 6 months. 2. Case for the prosecution in short is that on 09-07-1990 at 11 p.m Sayed Ali Dewan lodged and F.I.R alleging that his younger brother vic......hellip;…………..Respondent Judgment March 7, 2004 Lawyers Involved: Idrisur Rahman, Advocate instructed by A. K. M. Shahaidul Huq Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Appeal No. 158 of 2001 ..Category: Criminal Law | Date: | Hits: 43
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ...... Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......rity 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 writ-petition, stating to the effect that a......d. Hebjul Bari and others…………………...Respondents Judgment August 3, 2004 Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant Abdur Rob Cho..Category: Election Law | Date: | Hits: 108