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Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ......2. Respondent obtained decree on 28-7-1987 in Title Suit No. 241 of 1986 against the petitioner for perpetual injunction restraining them from interfering with his peaceful possession of the suit property and/or from forcibly entering into the suit land. Thereafter, petitioners having attempted..Category: Property Law | Date: | Hits: 57
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......0. The Code of Criminal Procedure, 1898 (V of 1898), Sections 145 & 561A Order of the Civil Court was passed earlier regarding disputed property so there could not be any proceeding under section 145 of the Code of Criminal Procedure i..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......he deed of sale dated 4-6-1940 by Izzatunnessa Bibi in favour of Mohiuddin Ahmed and further deed of sale dated 12-5-1975 by defendant Nos. 1 to 8 in favour of defendant No. 9 in respect of certain property mentioned in schedule “C” of the plaint was false, fraudulent, collusive witho..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ......2000. The Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) An abandoned property in possession of a person can only be included in the “Kha” list of abandoned ..Category: Property Law | Date: | Hits: 69
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...Category: Property Law | Date: | Hits: 107
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ...... The Specific Relief Act, 1877 ( I of 1877), Section 22 In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit propert..Category: Property Law | Date: | Hits: 64
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ...... Judgment July 6, 2000. The Constitution of Bangladesh, 1972, Article 104 The government admitted the property in question not being abandoned property and that has been wrongly included in the ‘..Category: Property Law | Date: | Hits: 61
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......it was admitted by both the parties that the‑ mother of the testator Shusila Bala Ghose was still alive and according to the Dayabhaga School of Hindu Law, the question of inheritance of the property of Dayal Chose by his brother does not arise so long as Shusila Bala Chose is alive. As Go..Category: Property Law | Date: | Hits: 67
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
.... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ......e is no doubt that the grounds upon which the miscellaneous case was dismissed are erroneous in law. There is also no doubt that the appellant is entitled to get back the possession of the suit property as the ex parte decree in execution whereof she was dispossessed is no longer in existenc..Category: Property Law | Date: | Hits: 68
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......n the Captain raised the rents around the autumn of 1880 the tenants turned on him, under a sponsorship of the Irish Land League. Local shops would sell him nothing, organised marauders destroyed his property and blocked his main and food supplies, and in the end the Captain was glad to flee to Engl..Category: Constitutional Law | Date: | Hits: 248
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......ntment as a trustee of a Trust created by his father, Hamidul Huq Chowdhury, or in the alternative for appointment or election of a suitable person as the Trustee for proper management of the Trust property. Mr. Hamidul Huq Chowdhury had one son, the appellant Khaled Hamidul Huq Chowdhury, and 6..Category: Property Law | Date: | Hits: 76
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......f 99 years and transferring to him by hire purchase the house built thereon on payment of cost of the house. Md. Zahooruddin paid the entire cost of construction and the possession of the disputed property was handed over to him on 29.1.1963. While in possession he entered into an agreement on 1..Category: Property Law | Date: | Hits: 86
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......statement and denied the contract saying that the agreement (Ext. 2) was a forged and fabricated document and that he received no consideration whatever. He denied that he ever offered to sell the property to the respondent. He, however; admitted that he had decided to leave the country during t..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......aintiffs' suit in part. 2. Respondent Nos. 1‑3 filed the suit, Title Suit No. 11 of 1972 of the Court of Subordinate Judge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise decree in Title Suit No. 145 of 1954 of the Firs..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......ssed. Words and phrases Hiba and Ariyal There is a distinction between gift (Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time an..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......78 for specific performance of contract against their grandmother. The Government of the People's Republic of Bangladesh being a party thereto contended that the disputed premises was an abandoned property but the trial Court held that it was not an Abandoned Property. A decree was however passe..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... No. 2 of 1987‑88. The appellant is a Private Limited Company incorporated on 3.6.7‑5 for the purpose, inter alia, of acquiring land, constructing houses and buildings, dealing with and improving property, undertaking housing projects, transacting, business of real estate agent, etc. The appella..Category: Property Law | Date: | Hits: 79
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 .......84 as the plaintiff and other defendants did not raise any objection for granting of such Saham, The trial Court granted Saham to the extent of 29 decimals of land out of "Kha" schedule property to defendant Nos. 1‑7 and 9. Thereafter, on 28.8.84, the Advocate Commissioner ..Category: Property Law | Date: | Hits: 64
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......defendant ‑ respondent No. 2 for declaration of title and recovery of possession after removing the pucca structures so far under construction and to evict all the 5 defendants from the suit property. Since the merit of the case is not involved herein we will not state the plaint case. Aft..Category: Civil Law | Date: | Hits: 106