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Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Civil Revision No. 3832 of 2003. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the defendant-petitioners was issued calling in question the legality of judgment and order dated 25.3.2003 passed by the Additional District Judge, Sherpur in Miscellaneous Appeal No.33 of 2002 dism..

Category: Property Law | Date: | Hits: 84

Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)

.... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242....... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Masuk Miah and others.....................................Petitioners Vs. Md. Foyzur Rahman and others………………………………………..Respondents Order January 23,...... pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242....... For Respondents—Not represented. Civil Petition for Leave to Appeal No. 1762 of 2009. (From the judgment and order dated 2nd June, 2009 passed by the High Court Division in Civil Revision No.5472 of 2003). Order Muhammad Imman Ali J.- This petition for leave to appeal is directed agai..

Category: Property Law | Date: | Hits: 87

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......; others……………………Opposite Parties Judgment May 4, 1998. Result: The Rule is discharged. Lawyers Involved: Md. Faruque Ahmed, Advocate - For the Petitioner. Idrisur Rahman, Advocate - For the Opposite Party Nos. 41 and 42. Civil Revision No. 2330 of 1997. Jud......98) 367....... is directed against the Judgment and decree dated 12-9-1996 passed by the Additional District Judge, 1st Court, Sylhet in Title Appeal No.4 of 1996 reversing the judgment and decree dated 27-11-1995 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.174 of 1992. Malati Bala Dey,..

Category: Property Law | Date: | Hits: 88

Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)

.... substance in this Rule. The Rule is discharged without cost. Order of stay passed at the time of issuance of the Rule is hereby vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355.......by vacate Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 355.......ourt Division (Civil Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J M Bazlur Rahman Talukder J Chandi Proshad Dhar…………………Petitioner Vs. Bibha Rani Dhar & Others…………………Opposite Party Judgment November 10, 1996. Result: The ......………………Petitioner Vs. Bibha Rani Dhar & Others…………………Opposite Party Judgment November 10, 1996. Result: The Rule is discharged. Case Referred to- 35 DLR (AD) 254. Lawyers Involved: Zakir Ahmed with Md. Waziullah, Advocates - For the Petition..

Category: Property Law | Date: | Hits: 70

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......ppearing for the defendant- opposite party Government of Bangladesh, has referred to the decision in the case of Government of West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. His Lordship Hamoodur Rahman, CJ in delivering the Judgment has observed as follows: “Normally, where important evide...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... Involved: Khandakar Mahbubuddin Ahmed with SM Munir, Fida M Kamal, Advocates - For Petitioner. SM Rezaul Karim Assistant Attorney-General - For the Respondent.  Civil Rule No. 404(f) of 1995. Judgment Md. Abdul Karim J.- This Rule under Order 47, rule 1 of the Code of Civil Procedur..

Category: Property Law | Date: | Hits: 89

Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144....... Vs. Government of Bangladesh and others…………………………Respondents Judgment February 22, 2010. Result: The Rule is made absolute. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Korunamoy Chakma, Deputy Attorney-General—For the R......judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144....... The Rule is made absolute. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Korunamoy Chakma, Deputy Attorney-General—For the Respondent No. 3. Writ Petition No.5253 of 2009. Judgment Moyeenul Islam Chowdhury J.- This Rule Nisi was issued calling upon the..

Category: Property Law | Date: | Hits: 66

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......gladesh, repre­sented by the Deputy Commissioner, Dinajpur…………………………………………………………………….Petitioner Vs. Abdul Majid being dead his heirs:Mizanur Rahman (Minor) and others............................................Respondents Order Februa......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......eputy Attorney General, instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Ferozur Rahman, Advocate, instructed by Advocate-on-Record—For Respondent Nos.1 (ka) to (gha) and 3-5. Respondent Nos.2 and 6-11—Not represented. Civil Petition for Leave to Appeal No.2326 of ..

Category: Property Law | Date: | Hits: 93

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......discharging a Rule issued upon an application under Article 102 of the Constitution made by the appellant. 2. The appellant Buxly Paints (Bangla­desh) Ltd., is a public company incorporat­ed on 15-2-71 in East Pakistan having its re­gistered office at Chittagong and one of the objects of the c..

Category: Property Law | Date: | Hits: 79

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......ral, instructed by S.S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.114 of 1977 (From judgment and order of passed by a Division Bench of the High Court in Writ Petition No. 536 of 1976 on May 25, 1977) Judgment This appeal arises out of the judgment and order of a D..

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ...... Advocate with AKM Nazrul Islam. Senior Advocate, Md. Rahmat Ali, Advocate and Hashmat Ullah Sheikh, Advocates (In all Writ Petitions)—For the Respondents-RAJUK. Writ Petitions No. 8065 of 2006 & 4116 of 2007. Judgment Md. Imman Ali J. - Both these Writ Petitions concern a piece of l......in, Senior Advocate with AKM Nazrul Islam. Senior Advocate, Md. Rahmat Ali, Advocate and Hashmat Ullah Sheikh, Advocates (In all Writ Petitions)—For the Respondents-RAJUK. Writ Petitions No. 8065 of 2006 & 4116 of 2007. Judgment Md. Imman Ali J. - Both these Writ Petitions concern a ..

Category: Property Law | Date: | Hits: 106

A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)

.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......n (Civil) Present: Md. Delwar Hossain J A K Azad................................Petitioner Vs. Fakruddin and another.......................Opposite parties Judgment October 15, 2009. Result: The Rule is discharged. Cases Referred to- Kumudini Welfare Trust Vs. P..

Category: Property Law | Date: | Hits: 85

Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....itle Suit No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ......he People's Republic of Bangladesh and others.................Opposite parties Judgment July 27, 2010. Result: The rule is discharged. Cases Referred to- Sheikh Salimuddin Vs. Ataur Rahman, 43 DLR 18; Ajufannessa Vs. Safar Miah, 30 DLR (SC) 41. Lawyers Involved: None appears ...... appellant claims her alleged pattan by one Amalnama which is marked Ext.1 and Ext.2. But in her plaint No. such pleadings as to Amalnama was taken. If for the sake of argument I admit that exhibit 1 & 2, nevertheless these cannot be taken into consideration as these were not proved by any cogen......7.1998 and 28.7.1998 respectively passed by the District Judge, Gazipur in Title Appeal No.63 of 1987.) Judgment Abu Bakar Siddiquee J.- This Rule was issued upon an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to show cause as to why the im..

Category: Property Law | Date: | Hits: 82

Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400....... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Hozizur Rahman and others..........................................Petitioners Vs. Abu Bakar Chowdhury......kanda, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Md. Asaduzzaman, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos.1-3, 10 & 12. Respondent Nos. 4-9, 11 & 13-26—Not represented. Civil Petition for Leave to A......ecord—For Respondent Nos.1-3, 10 & 12. Respondent Nos. 4-9, 11 & 13-26—Not represented. Civil Petition for Leave to Appeal No.2298 of 2009. (From the judgment and order dated 19.05.2009 passed by the High Court Division in Civil Revision No.4014 of 2008.) Judgment Nazmun A..

Category: Property Law | Date: | Hits: 75

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ......ct the Chief Judicial Magistrate, Sunamganj to take steps to obtain a copy of the concerned lease agreement dated 15.04.2009 between the Deputy Commissioner, Sunamganj on the 1st Part and Md. Mizanur Rahman, Secretary, Mukterpur ম.ম.স.লিঃ of the 2nd Part, and thereafter to take steps to ......d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ...... Advocate-on-Record —For respondents. Civil Petition for Leave to Appeal No.1760 of 2010. (From the judgment and decree dated 21.04.2010 passed by the High Court Division in Writ Petition No.1505 of 2010) Judgment Muhammad Imman Ali J.- This Civil Petition for Leave to Appeal is direct..

Category: Property Law | Date: | Hits: 90

Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)

....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250............................................Respondents Judgment February 19, 2012. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioners. N. K. Saha, Senior Advocate, instructed by Md. ......judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250.......ted by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioners. N. K. Saha, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 1-7. Respondent Nos. 8-25 —Not repre­sented. Civil Petition for Leave to Appeal No. 223 of 2009. (From the judgment..

Category: Property Law | Date: | Hits: 80

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......29 DLR (SC) 311; Keramat Ali Vs. Muhammed Yunus Hazi, 15 DLR (SC) 120; Md. Zahoor Ali Khan Vs. Mst. Thakoorune, 11 MPR 468; Abdul Razzak Vs. Nashuruddin Ahamed, 63 CWN 766; Nurun Nahar Vs. Md. Fazlur Rahman, 1979 BSCR 135; Managing Committee NMC Model High School and others Vs. Obaidur Rahman Chowdh......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......Ahammed J Syed Monirul Huda Chowdhury………………………………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Result: The Rule is discharged. Cases Referred to- Charan Das Vs. Amir Khan, AI..

Category: Property Law | Date: | Hits: 151

Musammat Khale­da Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

....­chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......on is dismissed. Lawyers Involved: M.H. Khandker, senior Advocate, instructed by B.C. Panday, Advocate-on-record—For the Petitioner. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate-For Respondents No.1-6. Not Respresented—Respondents No.7-15. Civil Petitio......­chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......ed by B.C. Panday, Advocate-on-record—For the Petitioner. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate-For Respondents No.1-6. Not Respresented—Respondents No.7-15. Civil Petition for Special Leave to Appeal No.28 of 1977. (From the Judgment and Decree da..

Category: Property Law | Date: | Hits: 102

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......J Debesh Chandra Bhattacharya J Fazle Munim J M H Khandker, Advocate……………………………………………Appellant Vs. Bangladesh (for­merly Province of East Pakistan) & another..........Respondents Judgment July 27, 1977. Result: The appeal is dismis......9; Kallv Das Ahiri Vs. Man Mohan Das, ILR 24 Cal. 440; 1 CWN 32I; Abhiram Goswami Vs. Shyama Charan Nandi, 36 IA 148; 36 Cal.1003; 14 CWN 1; Raja Ku­mar Thakur Vs. Moghlal Pandey, LR 44 IA 246; ILR 45 Cal 87; 22 CWN 201 ; Raghu Nath Roy Marwari Vs. Raja Durga Prasad Singh, LR 46 1A 158; 23 CWN 914;..

Category: Property Law | Date: | Hits: 114

Harendra Chandra Barman Vs. Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (HCD)

....edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60.......and affirmed in appeal. Hence the application. 3. The learned Advocate for the petitioner submits that fishery was leased out to the petitioner for a period of five years effective from 1411 BS-1415 BS but he could not enjoy the same for initial year and, as such, he prayed for further extension,..

Category: Property Law | Date: | Hits: 73

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocate - For the Appellants. None appears - For the Respondents. Appeal from ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......nd appertaining to CS khatian No. 62 were Safarunessa, Ayeb Ali, Amsory Bibi and Jobirar Nessa and the CS record was correctly prepared in their names. They were the owners of the suit land measuring 5.26 acres of CS plot No. 1356 and 1357 appertaining to CS khatian No. 62. After the death of Safaru..

Category: Property Law | Date: | Hits: 71