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Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
....suit was barred by limitation under Article 91 of the First Schedule to the Limitation Act. 4. The argument has no legs to stand. The plaintiff asked for a declaration of title to the suit land after a declaration that the impugned kabala was false, fraudulent and illegal. The suit there...... in: 52 DLR (AD) (2000) 46. ...... Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of declaration of title and also declaration that the kabala is illegal and fraudulent, cancellation of the deed is not necessary. L...... 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of declaration of titl..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No. 3165 of 1997 making the Rule Nisi absolute. 2. The writ-petitioner-respondent claims to have purchased 47.75 acres of land which originally belonged to Bhawal Raj Estate and which was taken over by the Court of Wards...... Mahmudul Amin Choudhury J Government of the People’s Republic of Bangladesh………………………...Petitioner Vs. East West Property Development Private Ltd & others……….……&hel......etitioner-respondent challenged the notice dated 19.5.97 and the public notice dated 24-5-97 in the writ petition. 5. The petitioner as respondent contended in its affidavit-in-opposition that since no permission was taken from the Court of Wards the successive transfer of the suit prop......lip;….………………Respondents Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disp..Category: Constitutional Law | Date: | Hits: 164
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....cate Commissioner final decree takes effect and thereafter remains nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the State Acquisition and Tenancy Act......il Procedure, 1908 (V of 1908), Section 2(2) The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), Section 24(11) In a suit for partition, after filing of the report along with the case map, field book, saham list by the Advocate Commissioner final decree takes effect and thereaf......dent No. 1 as pre-emptor filed three cases for pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. The pre-emption cases were filed in respect of three kabalas on the assertion that the pre-emptor is a co-sharer of the land. 3. The pre-emptee contested the cases stati...... November 21, 1999. The Code of Civil Procedure, 1908 (V of 1908), Section 2(2) The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), Section 24(11) In a suit for partition, after filing of the report along with the case map, field book, saham list by the Adv..Category: Property Law | Date: | Hits: 57
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
....l Revision No.1798 of 1994). Judgment Mustafa Kamal J.- The plaintiff-petitioners’ suit, Title Suit No. 15 of 1989, for declaration of title to the suit land was dismissed by the learned Assistant Judge, Kaliganj by judgment and decree dated 30 04-92 w...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Narayan Chandra Das and others…………..petitioner......ted 22-06-97 from which the plaintiff-petitioners have preferred this petition for leave to appeal. 2. Khandker Mahbubuddin Ahmed, learned Advocate for the plaintiff-petitioners, submits that the trial Court merely on a consideration of the dakhilas found that the petitioners are not in......ents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(4) Lawyers Involved: Khandker Mahbubuddin..Category: Property Law | Date: | Hits: 73
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
....ordinate Judge 1st Court Barisal decreeing the suit for partition., (Title Suit No. 188 of 1970) declaring thereby the plaintiffs share to the extend of 4.64 ½ acres in the suit land. 2. Syed Ziaul Karim, learned appearing for the defendant-petitioner submits only poi...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury Abdul Kader Khalifa……………….Petitio......declaring thereby the plaintiffs share to the extend of 4.64 ½ acres in the suit land. 2. Syed Ziaul Karim, learned appearing for the defendant-petitioner submits only point that all the joint property having not been included in the schedule of the partition suit, the lear......ader Khalifa……………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July 29, 1998. Suit for Partition Common interest of the parties Whenever all the parties in the suit ..Category: Property Law | Date: | Hits: 51
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
....urt of Munsif, Habiganj a suit, Title Suit No. 96 of 1958, against defendant Nos. 1-7 and their constituted attorney defendant No. 8 for specific performance of a contract for sale of the disputed land. The suit was eventually decreed on 31 January 1967 with a direction to defendant No. 8 to exe......ellip;……………….Respondents Judgment May 15th 1997 Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For the Petitioner. Abdul Aziz, Advocate, instructed by Md. Nawab Ali, Advocate-......ndant Nos. 1-7 a kabala in favour of the plaintiff. The decree-holder then put the d into execution in Title Execution No. 94 of 1967 which was on transfer to the court of Assistant Judge, Chunarughat renumbered as Title Execution Case No. 5 of 1989. During the pendency of this case defendant No......thers………………….Respondents Judgment May 15th 1997 Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record — For the Petitioner. Abdul Aziz, Advocate, instructed by Md. Nawab Ali, Ad..Category: Property Law | Date: | Hits: 84
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....to dispossession of the plaintiff, the suit for restoration of possession was filed. 3. Defendant No. 1 contested the suit by filing a written statement contending, inter alia, that the suit land belonged to Abdul Majid Wakf Estate and after the death of Abdul Majid his son Abdul Noor bec......Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment April 23, 1995. Lawyers Involved: Syed Dastagir Hossain, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Peti......nd order of the trial Court. The defendant being aggrieved by the impugned judgment of the High Court Division is seeking leave to appeal. 2. The suit was filed on the averments, inter alia that the suit property was recorded in the name of plaintiff’s father Abdul Aziz as the forci......ellip;…… Plaintiff-Respondent Judgment April 23, 1995. Lawyers Involved: Syed Dastagir Hossain, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioner. Not represented-the Respondent. Civil Petition for Leave..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....I and Taylor vs. 0’ Connor, (1970) 1AI1ER 365. Salmond on Torts, 19th Edition (p.59); McGregor on Damages, 15th Edition, at p. 249; The Mediana (1900) AC 113 (116); Halsbury’ Laws of England (4th Edition); Salmond Torts at page 592 (19th Edition); Salmond Torts at page 593 (19th, Edit......llip;………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment November 21st, 1996. Cases Referred to- Overseas Tankship (UK) Ltd. vs. Morts Dock and Engineering Co. Ltd Wagon M...... Judgment: Mustafa Kamal J: The only point for determination in this appeal by leave by the defendant-appellants is, it being accepted as a concluded question of fact that the defendant-appellants trespassed into the land of the plaintiff respondent and thus incurre......ifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment November 21s..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....s relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate, Chittagong alleging that he purchased the case land in 1970 and had been possessing the same. He allowed his cousin Nurul Anwar to set up a Soap F......ellate Division (Criminal) Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shamsuddin Ahmed Chowdhury……………&helli......e No. 835 of 1984 arising out of Kotwali PS Case No. 11 (5) 84 pending in the court of Chief Metropolitan Magistrate, Chittagong. 2. The short facts relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition of complaint before the Chief Metropolitan Magis......hellip;…….. Respondents Judgment March 5, 1997. Lawyers Involved: Rokanuddin Mahmood, Advocate instructed by Shamsul Haque Siddique, Advocate-on -Record—For the Petitioner. Shahabuddin Ahmad, Deputy Attorney-General, instructed by Sha..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......her…………… Respondents Judgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorn......nbsp; Mustafa Kamal J: By Notification SRO No. 58/Ain/97 under section 9(2) of the Code of Criminal Procedure dated 3-3-97, published in the Bangladesh Gazette on 4-3-97, the Government directed that the Court of Sessions, Dhaka shall hold its sitting for the trial of Sessions Case No. 319 of 1......amp; other…………… Respondents Judgment 8th July, 1997 Lawyers Involved: Khan Saifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional..Category: Constitutional Law | Date: | Hits: 179
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....cting an application for review of its judgment and order dated 13 November 1996 in Civil Revision No. 1993 of 1996. 2. The suit out of which the petition has arisen relates to 5.35 acres of land comprised within CS Khatian No. 34 of Mouza Khajahaji under PS Kapasia of the district of Gazi......ndents Judgment March 25th, 1997 Lawyers Involved: SR Pal, Senior Advocate (Fariduddin, Reza, Advocates with him) instructed by Nowab Ali, Advocate-on-Record— For the Petitioners. Md. Seyed Ziaul Karim, Advocate instructed by Md. Aftab Hossain, A......eview of its judgment and order dated 13 November 1996 in Civil Revision No. 1993 of 1996. 2. The suit out of which the petition has arisen relates to 5.35 acres of land comprised within CS Khatian No. 34 of Mouza Khajahaji under PS Kapasia of the district of Gazipur. Admittedly, the said......ner Vs. Fazlul Huq and others ………………Respondents Judgment March 25th, 1997 Lawyers Involved: SR Pal, Senior Advocate (Fariduddin, Reza, Advocates with him) instructed by Nowab Ali, Advocate-on-Record&mdas..Category: Property Law | Date: | Hits: 71
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....ioners in collusion with the Bank officials got the entire sum released without deduction of 10% of the sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. Afte......structed by Md. Aftab Hossain, Advocate- on-Record. Not Represented— Respondent. Criminal Petition for Leave to Appeal No. 54 of 1996. (From the Judgment and order dated 20 November 1995 passed by the High Court Division in Criminal Revision No. 246 of 1989). Judgment: Bimalendu...... was recorded as PS Case No. 157(11) 84 against the petitioners and some officers of Sonali Bank under sections 420/409/109 of the Penal Code read with section 5(2) of Act II of 1947. It was alleged that petitioner No.1 Khondker Mahtabuddin Ahmed got a sanction for an overdraft limit of $ 23, 17, 50...... Khondaker Mahtabuddin Ahmed and others……………..Accused-Petitioners Vs. State…………….Respondent Judgment July 4th, 1996 Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record. Not Represented— Respondent...Category: Anti-Corruption Laws | Date: | Hits: 75
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....result the compensation and mesne profits from the building portions will come to Taka 21, 60,000.00 from 2-3-77 to 2-3-1985. The compensation and mesne profits for the vacant portion of the suit land will come to Tab 42,00,000.00 @ Taka 2,00,000.00 per katta since the land has been trespassed...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh and another&hel......to her. 2. The property in question was declared vested property. The plaintiff obtained an ex parte decree against the appellants and others in Title suit No. 222 of 1976 for declaration that she had title to the property which was not a vested property. Subsequently upon further litiga......;…………………. Respondent Judgment January 8, 1997. Lawyers Involved: Maksudur Rahman, Senior Advocate (Mahbubey Alam with him) instructed by Aftab Hossain Advocates-on-Record - For the Appe..Category: Property Law | Date: | Hits: 72
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J. Nesar Ahmed also known as Babul……………………………&hel......onvicted-appellant is from the judgment and order of a Division Bench of the High Court Division dated 10-5-94 in Writ Petition No. 720 of 1994 rejecting the writ petition in limine on the ground that it was not maintainable, there being an alternative remedy of appeal under section 30 of the Sp......ip;………….. Respondents Judgment April 9th, 1997 Lawyers Involved: MA Wahhab Miah, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant. Mvi. Md. Wahidullah, Advocate-on-Record — For the Respo..Category: Criminal Law | Date: | Hits: 98
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....d Munsif, Gangni decreeing. Title Suit No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on the averments, inter alia, that they became owners of the suit land by inheritance as well ......…………. Appellants Vs. Afzal Hossain and others…………………Respondents Judgment June 16th, 1996 Cases Referred: Chand Kour & another vs. Partab Singh & others, 16 ILR (PC) 98(102); ......t No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on the averments, inter alia, that they became owners of the suit land by inheritance as well as by purchase from the transferees ......Chand Kour & another vs. Partab Singh & others, 16 ILR (PC) 98(102); Tar Muhammad & Co. vs. Federation of Pakistan and others, 9 DLR 197. Lawyers Involved: Md. Hannan, Senior Advocate, instructed by Md. Nawab Au, Advocate-on-Record — For the Appellants. Sham..Category: Property Law | Date: | Hits: 79
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....uddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in schedules I and II to the plaint. The suit was filed on 12 February 1962 and reg...... Patwary being dead, his heirs Azimuddin Patwary and others …………………..Respondents (In both the appeals) Judgment August 7, 1996. Cases Referred to- Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji......to two pieces of land described in schedules I and II to the plaint. The suit was filed on 12 February 1962 and registered as Title Suit No. 63 of 1962. 2. Plaintiffs case in a nutshell is that, he transferred the schedule I land comprising 1.44 acre to the defendant for a consideration o......vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haji Ranga Laskar, 15 DLR 274; Altafur Rahman vs. Tamijur Rahman 30 DLR (SC) 236. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, Mahbuby Alam, Advocate with him, instructed by Sajjadul Huq, Advocate-on-Record &mdash..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
..... 944 of 1996). Judgment: BB Roy Choudhury J: This petition for leave to appeal arises out of a suit for specific performance of a contract for sale of certain land. 2. The said land originally belonged to one Hemendra Narayan Chowdhury who is survived ......lip;……………………………………………. Respondents Judgment January 2nd, 1997 Cases Referred to- Kafiluddin and others vs. Saminuddin and others, AIR 1931 Cal. 67 = 34 CWN...... entered into a contract for sale of the land in suit to the plaintiff for a consideration of Taka 9000.00 and executed a bainapatra on receipt of Taka 7700.00 as earnest money. It was stipulated that the kabala would be executed within one year from the date of the agreement. Hemendra Narayan d......vs. Harikant Prasad Singh, AIR 1973 SC 655; Abdul Khaleque Sowdagar and another vs. Mohammad FazIuI Huq and another 26 DLR 247. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Not represented—Respondents. Civil Petition for..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....ntervention of any Court, sell any property pledged, mortgaged, etc. Sub-article (3) provides that all sums due to the Corporation from the borrower or his surety shall be recoverable as arrears of land revenue. Article 27(1) provides that where by reason of the breach of any agreement by the bor......97) 80 ......nt and order dated 5 January, 1995 passed by a Division Bench of the High Court Division in Civil Revision No. 1419 of 1993 making the Rule absolute. Facts of the case, briefly, are that the appellant-Corporation filed five applications before learned District Judge, Tangail under ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation ………………………..Appellant ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....udge and Artha Rin Adalat No. 4, Dhaka in Title Suit No. 110 of 1992 decreeing the suit. 2. The relevant facts, briefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing......97) 77 ......gment and decree dated 16 March 1993 passed by the Subordinate Judge and Artha Rin Adalat No. 4, Dhaka in Title Suit No. 110 of 1992 decreeing the suit. 2. The relevant facts, briefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring 350 square yards bein......Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors……&he..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... Ali Akbar Chowdhury instituted Other Suit No. 10 of 1982 in the Third Court of Munsif, Chittagong for declaration that defendant No. 1, his eldest daughter was his benamder in respect of the suit lands described in schedules 1-5 to the plaint and he was the ostensible owner of the same. A furth......997) 73 ......rts below and sending back the case on remand. 3. The facts are brief. One Ali Akbar Chowdhury instituted Other Suit No. 10 of 1982 in the Third Court of Munsif, Chittagong for declaration that defendant No. 1, his eldest daughter was his benamder in respect of the suit lands described in......vs. Mohammad Hadi (1898) LR 26 IA 38; Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90; Mohammad Sadeq Ali Khan vs. Fakhr Jahan Begum (1932) 59 IA (PC) 1. Lawyers Involved: SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellants. ..Category: Procedural Law | Date: | Hits: 140
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