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Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)

....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......vision (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others…………………Appellants Vs. Abdul Latif & others…………………â......Referred to- Hasan Ali Vs. Dara Shah, AIR 1936 Nagpur 282; Moazame Shaikh Vs. Annada Prasad, 46 C.W. No.367; Jones Vs. Foby, (1891) 1 Q.B. 731; Rammohan Chowdhury Vs. Tejendra Lal Chowdhury, 6 DLR 577; AIR 1928 All. 95. Lawyers Involved: Khondker Mahbubuddin Ahmed, Sr. Advo­cate (Mahbubey ..

Category: Property Law | Date: | Hits: 99

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ......d others………………Respondents Judgment May 5, 1982. Result: The appeal is allo­wed. Cases Referred to- Md. Jabed Ali Vs. Pukhal Chandra Mondal, 33 DLR (40) 309; Begum Asia Rahman, 26 DLR (SC) 58; Mofizuddin Patwary, 33 DLR (AD) 305; Ahdul Rouf Vs. Amuda Khatun, 33 DLR (AD......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ......ry ATM Masud J Md. Khairullah Bhuiyan………………Appellant Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others………………Respondents Judgment May 5, 1982. Result: The appeal is allo­wed. Cases Referred to- Md. Jabed Ali Vs. Pukhal Ch..

Category: Property Law | Date: | Hits: 128

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ......m the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ...... Officer, District Education Officer-in-Charge, Gopalganj and others, 41 DLR (AD) 30; Southern Rly Co. Vs. Greene, 216 US 400; Indira Gandhi Vs. Raj Narayan, AIR 1975, SC 2279; Middleton Vs. Texas, P & L Co 248 US 152; Gulf Colorado Rly. Vs. Ellis, 165 US 150; Shujat Ali Vs. Union of India, AIR ......gladesh and others…………………Respondents Judgment December 9, 1997. Result: The Rule in Writ Petition No.781 of 1994 is made absolute. The Rule in Writ Petition No.1377 of 1995 is discharged. The Rule in Writ Petition No.1855 of 1996 is discharged. The Rule in Writ Pe..

Category: Property Law | Date: | Hits: 150

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyers Involved: M.H. Khondker, Senior Advocate instruc­ted by Mr. Md. Aftab Hossain, Advocate-on-record -For the Appellant. Rafiqur Rahman, Sr. Advocate, instructed by Serajur Rahman, Advocate-on-record - For the respondents. Civ......esent: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Khalek Mia……………………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The app...... Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyers Involved: M.H. Khondker, ..

Category: Property Law | Date: | Hits: 113

Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)

....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing res­pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ...... DLR (AD) (1978) 236. ......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing res­pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......ath his interest was inherited by his widow Ashrafjan and his brother Ismail. On Ismail's death his interest devolved on defendant-appellant and his brother and sister. Then died Ashraf­jan on 12.11.58 at a ripe old age of 95. Ashrafjan was joint in mess with ap­pellant, who used to manage her pro..

Category: Property Law | Date: | Hits: 73

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......ers......... Respondents. Judgment December 12, 2010. Result: The Rule is made absolute. Cases Referred to- Shahabuddin (Md) Vs. Secretary, Ministry of youth and Sports and others, 45 DLR 360; R Vs. Titchmarsh, 1915, 22 DLR 272; R Vs. Lowle 1759, 2Bnrn 834; R Vs. Glamarganshire Inh..

Category: Property Law | Date: | Hits: 159

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......ed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, Advocates - For the Petitioner. Mahbubey Alam, the learned Attorney General with Md. Mizanur Rahman, Advocate with Mostafa Zaman Islam, Deputy Attorney-General - For the Respondent No.1, 2, and...... Division (Special original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Manzur Ahmed…………………Petitioner Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others……………………Respondents Judgment December 8, 2010. Result: The R...... Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of Statement, 15 MLR (AD) 438 = 63 DLR (AD) 1; Government of Bangladesh Vs. Md. Jalil, 48 DLR (AD) 10; Hazerullah V..

Category: Property Law | Date: | Hits: 127

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......er (Revenue) Vs. Md. Reasuddin Pk, 5 BLC (AD) 76; Government of the Republic of Bangla­desh, represented by the Deputy Commissioner Feni Vs. Har Chandra Nath, 10 MLR (AD) 313; Nurjahan Begum Vs. Nur Rahman, 59 DLR 98; 7 DLR 94; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs G......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......rred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah Alam Vs. Amir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Begum, 2 MLR (AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissioner (Revenue) Vs. Md. Reasuddin Pk, 5 BLC (AD) 76; Go..

Category: Property Law | Date: | Hits: 123

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ......erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ......erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ......volved: Manzill Murshid, Advocate - for the petitioner. A. B. M. Altaf Hossain, Deputy Attorney General with Yehida Zaman, Assistant Attorney General - for the Respondent. Writ Petition No. 9592 of 2010. An application under Article 102 of the Constitution of the People’s Republic of B..

Category: Property Law | Date: | Hits: 159

Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)

....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......een taken already and the land has gone back to the original owner there is no question of enforcement of the right of pre-emption". The learned Judge has taken note of the contrary view expressed by Rahman, J. in the case of Abdus Sattar Mallik Vs. Younus Mallik and ors., 12 DLR 849. As to the view......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......udgment February 16, 1983. Result: The appeal is allowed. Cases Referred to- Abdus Sattar Mallick Vs. Younus Mallick and ors., 12 DLR 849; Tarapada Karati Vs. Sudhamoy Doulbi and ors., 53 CWN 678; Nishi Kanta Das Vs. Jnanendra Nath Mondal and ors., 57 CWN 253; Biswaswar Roy Vs. Joyten..

Category: Property Law | Date: | Hits: 77

Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)

....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......DLR 699; Sultan Ahmed Vs. Hazera Khatoon, Civil Revisional Case Nos. 130 and 131 of 1969; Arthur Henry Forbe Vs. Bahadur Singh, 41 I.A. 91; Maharajadhiraj Uday Chand Mahtab Vs. Samarendra Nath Matra, 51 CWN (FR) 9. Lawyers Involved: B.N. Chowdhury, Advocate instructed by A. Rab-II, Advocate-on..

Category: Property Law | Date: | Hits: 60

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......d: Zinnur Ahmed, Advocate-on-Record - For the Appellant. Jane Alam, Senior Advocate instructed by B.C. Pandey, Advocate-on-Record - For the Respondent Nos. 1-2. Ex-parte - Respondent Nos. 3-15. Civil Appeal No.13 of 1979. (On appeal from the judgment and order dated 31st May passed b..

Category: Property Law | Date: | Hits: 78

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 20-11-2002 passed by the Additional District Judge, 1st Court, Noakhali in Title Appeal No. 157 of 1986 allowing the appeal and reversing the judgment and decree dated 31-5-1986 passed by the A..

Category: Property Law | Date: | Hits: 88

Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)

.... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377....... Ali and others................................................Respondents Judgment January 16, 2012. Result: Portion of earlier judgment is expunged. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate (Md. Faruque Ahammed, Advocate with him) instructed by N. I. Bhuiyan, Advoca...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......ected against the judgment and order dated 10.02.2010 passed by the High Court Division in Civil Revision No.4219 of 2000 upholding the judgment and decree dated 28.02.2000 passed in Title Appeal No.15 of 1997 of the 1st Court of Subordinate Judge, Gazipur which arose from the judgment and decree da..

Category: Property Law | Date: | Hits: 84

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372....... Hajee Abdul Majid................................Petitioner (In Civil Petition Nos. 2513-2514 of 2009) Vs. Abdul Mannan and others....................Respondents (In Civil Petition No. 2512 & 2514 of 2009) Jahir Uddin and others..........................Respondents (In Civil Petitio......dul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Hanifuddin and another..................Petitioners (In Civil Petition No. 2512 of 2009) Hajee Abdul Majid................................Petitioner (In Civil Petition Nos. ..

Category: Property Law | Date: | Hits: 68

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......he plaintiff-respondents was issued calling in question the legality of judgment and decree dated 29.11.1988 passed by the Subordinate Judge (now Joint District Judge), Chandpur in Title Appeal No. 195 of 1986 allowing the same and thereby reversing those dated 8.11.1986 passed by the Munsif (now As..

Category: Property Law | Date: | Hits: 87

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......t and decree dated 21.1.2004 (decree signed on 27.1.2004) passed by the Additional District Judge, First Court, Bogra in Other Appeal No. 217 of 1994 allowing the same on setting aside those dated 31.5.1994 of the Subordinate Judge (now Joint District Judge), First Court, Bogra passed in Other Suit ..

Category: Property Law | Date: | Hits: 66

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ....... Cases referred to- 19 DLR (SC) 143; 28 DLR (HD) 392. Lawyers Involved: Fazlul Karim with Md. Omar Faruk - For the Appellants. No one appears - For the Respondent. First Appeal No. 54 of 1997. Judgment Shahidul Islam J. - This First Appeal is directed against the judgment an..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

....t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......ion (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Md. Ruhul Quddus J Mst. Samrun Bibi alias Shaharan Bibi and others ...................... Petitioners Vs. Md. Habibur Rahman and others ........................................ Opposite Parties Judgment November ......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......y money from him. 4. During pendency of the suit, the principal defendant Surjat Ali died. After his death, the petitioners as his legal heirs and successors were substituted in the suit on 9.7.2005. Thereafter they filed an additional written statement incorporating the ultimate result of Title ..

Category: Property Law | Date: | Hits: 67

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......ndra Nath Roy, 43 CWN 1102; Mubasher Ali Vs. Md. Mokbul Hossain, 19 DLR 271; Anwara Begum Vs. Nurjahan, 27 DLR (AD) 109; Manindra Chandra Ghose Vs. Mujibul Islam, 12 DLR 785; Rafiqul Islam Vs. Taibur Rahman, 18 DLR 475; Md. Shukura Vs. Ram Chandra Kapali, 6 DLR, 393. Lawyers Involved: Khondkar......ing, inter alia, that the land sought to be pre-empted appertained to Korfa (under raiyati) holding, and as such right of pre­emption under section 26F of the Bengal Tenancy Act was not available to & co-sharer in the raiyati holding Tne trial Co m on evidence round that tne holding was an occu......amatha Nath Shikder Vs. Jitendra Nath Roy, 43 CWN 1102; Mubasher Ali Vs. Md. Mokbul Hossain, 19 DLR 271; Anwara Begum Vs. Nurjahan, 27 DLR (AD) 109; Manindra Chandra Ghose Vs. Mujibul Islam, 12 DLR 785; Rafiqul Islam Vs. Taibur Rahman, 18 DLR 475; Md. Shukura Vs. Ram Chandra Kapali, 6 DLR, 393. L..

Category: Property Law | Date: | Hits: 85