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President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ...... Aminul Islam Vs. M/S. Kilburn & Co. Ltd. Pakistan,; Jinnat Ali Mukhtear Vs. Abdul Majid 27 DLR 385; Irfan Ali Vs. Joynal Abedin Miah (Late), 35 DLR (AD) 216; Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman, 42 DLR (AD) 225; Noor Mohammad Khan & others Vs. Government of the People's Republic of ...... Present: M A Hye J Md. Rezaul Hasan J President, Coronation Hall Committee and Deputy Commissioner, Khulna…......Petitioner (Defendant-Appellant) Vs. Executive Committee, Khulna & others.................Opposite Parties (Plaintiff-Respondents) Judgment August 8, 2011.......Vs. Executive Committee, Khulna & others.................Opposite Parties (Plaintiff-Respondents) Judgment August 8, 2011. Cases Referred To- Abdul Kader Vs. Abdullah & others,51 DLR 435; Noor Mohammad Khan Vs. Bangladesh, 42 DLR 435; Kamal Baksh & another Vs. Siraj Baksh..

Category: Property Law | Date: | Hits: 89

Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)

....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ...... absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ...... others, 1931 Cal 779; SPA Annamalay Cheity Vs. BA Thornhili, 1931 (PC) 263; Babu Lal Girdhrlial Vs. Seth Kotumal, 1941 ALL 27; Sakhawat Hossain Vs. Chowdhury Muhammad Sarwar and others, PLD 1968 Dac 557. Lawyers Involved: Nowazish Ara Begum and Abdur Rashid, Advocates ‑ For the Petitioner. ..

Category: Property Law | Date: | Hits: 68

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......med J Anwar Hossain and others.................. Appellants Vs. Abul Hossain Molla and others …………………..Respondents Judgment May 7, 1991. Case Referred to- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR 382. Lawyers Involved: Abdul Hamid Chowdhury, Advoca...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......ed to- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate‑For the Appellants. Habib Ahmed, Advocate‑For the Respondent Nos. 4 and 5. Second Appeal No. 180 of 1972. Judgment Syed Fazle Ahmed J.- This Second Appeal is direc..

Category: Property Law | Date: | Hits: 91

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... July 27, 1989. Cases Referred to- Ajirannessa Vs. Saper Mia, 30 DLR (SC) 41; Abdul Majid Vs. Nabiruddi, 22 DLR 360; Abdur Rashid Vs. Abdus Samad, 33 DLR 260; Kazi A. Khaleque Vs. Kazi Fadur Rahman and others. Lawyers Involved: Syed J R Modassir Hossain, Deputy Attorney General with ......ter, the said plaintiff No.1 preferred an appeal which subsequently was withdrawn with the leave of the Court to file a suit afresh. 3. Rashidpur Tea Estate Co. and the said Tea Estate Company (30 & 31) surrendered the excess of khas land including the land in the suit and the Government took...... and clearing the jungles, plaintiff No.1 was possessing the same without any interruption or obstruction. That defendant No.1, Government of Bangladesh, served a notice of eviction under Act 10 of 1953 and being threatened he filed TS 218 of 1968. The said suit was dismissed on contest. Thereafter,..

Category: Property Law | Date: | Hits: 96

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......pellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. Case Referred to- Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Md. Hannan with MA Rashid and M Khaled Ahmed, Advocates ‑ ..

Category: Property Law | Date: | Hits: 389

Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ...... Hossain J Bangladesh, repre­sented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Police Station-Ramna, Dhaka and oth­ers...........Petitioners Vs. Anisur Rahman and another ...............................................Respondents Order March 15, ......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......angladesh Secretariat, Police Station-Ramna, Dhaka and oth­ers...........Petitioners Vs. Anisur Rahman and another ...............................................Respondents Order March 15, 2011. Lawyers Involved: Mahbubey Alam, Attorney General (Mojibar Rahman Miah, Deputy Attorn..

Category: Property Law | Date: | Hits: 85

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370....... to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......uq, Advocate-on-Record-For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For Respondent Nos.1-19. Not repre­sented-Respondent Nos. 20-75. Civil Petition for Leave to Appeal No. 491 of 2009. (From the judgment and order dated 15...

Category: Property Law | Date: | Hits: 77

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......nother………………………….... Respondents Order March 14, 2011. Lawyers Involved: Mahmudul Islam, Senior Advocate with Abdul Quayum, senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. M.I. Farooqui, Senior Advocate, instruct­ed by M...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......e Petitioners. M.I. Farooqui, Senior Advocate, instruct­ed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 2009). O..

Category: Property Law | Date: | Hits: 72

AKM Mizanur Rahman and others Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others, 1991, 20 CLC (HCD)

....oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331.......de absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331.......oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331.......inis­trator, Chittagong Municipal Corporation and others..............Respondents Judgment July 4, 1991. Cases Referred To- Miah Fazal Din Vs. The Lahore Improvement Trust, 21 DLR (SC) 225. Lawyers Involved: AJ Mohammad Ali, Advocate ‑ For the Petitioner. Not represented‑ t..

Category: Property Law | Date: | Hits: 58

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ...... and others…………………..Petitioner Vs. Yusuf Ali and another………………….Opposite Parties Judgment April 7, 1993. Cases Referred To- Serajul Islam Vs. Mizanur Rahman, 29 DLR (SC) 82. Lawyers Involved: Mihir Kanti Mazumder, Advocate- for the petitioners.......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......ioners. SK Sinha, Advocate- for the opposite party. Civil Revision No.1003 of 1991 (Dhaka) Civil Revision No.6 of 1988 (Sylhet) Judgment KM Hasan J.- The rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 10.8.87 passed by ..

Category: Property Law | Date: | Hits: 101

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......ily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......€¦â€¦Respondents Judgment July 18, 1991. Cases Referred To- Abdul Khaleq Bains and others Vs. Government of Bangladesh and others, 1987 BLD (AD) 121; Md. Ayub Vs. Bangladesh, BCR 1987 AD 350. Lawyers Involved: Abdul Basel Mazumder with Zainal Abedin, Advocates ‑ For the Petitione..

Category: Property Law | Date: | Hits: 86

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......ce of inherent power to do that for which specific provision has been made in the statute and should not invest itself with such jurisdiction for the purpose of getting round the express provision by & law. The learned Advocate submits that the provision of section 151 of the Code of Civil Proce......tioner Vs. Akbar Ali Sheikh……………………Opposite Party Judgment August 11, 1991. Cases Referred To- Punjab Ali Pramanik and others Vs. Md. Mokarram Hossain, 29 DLR (SC) 185; Mayajan Bibi Vs. Monohar Ali, 39 DLR 68; Arjun Singh Vs. Monindra Kumar, AIR 1964, 993; Bashir Be..

Category: Property Law | Date: | Hits: 90

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ...... the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......nganj, for declaration of title by way of acquisition of title by adverse pos session and also for a further declaration that the registered kabala deed dated 16-4-1969 executed by the defendant Nos. 5-7 in favour of the predecessor of the defendant Nos.1-4 to be inoperative and not acted upon conte..

Category: Property Law | Date: | Hits: 74

Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)

....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......disposal of the Rule are that one Md. Khairul Huda was the owner of the land situated at Mouza Gouripur police Station Iswargonj new Police Station Gouripur District-Mymensingh under CS Khatian No.71 & CS plot No.971 SA Khatian No.941 SA Plot No.2740 area of land.06 acre land and he was possessi......he name of Md. Khairul Huda. That after creation of Courts in the Upazila, Gouripur the case was transferred to the Court of Upazila Munsif Gouripur and the case was renumbered as Other Class Suit No.56 of 1983 which is evident from Annexure-E. 3. The Government submitted written statement in the..

Category: Property Law | Date: | Hits: 69

Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)

.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......5 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25....... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......n Miah J Md. Rezaul Haque J Saroj Kumar Sarker and others ......................Petitioners. Vs. Manoj Kumar Sarkar………………………….Opposite Party. Judgment February 5, 2007. Cases Referred to- Ayesha Vs. Daleep A 1961 Raj 186, Geyer Vs. GA 1949 L 34; Rosamma ..

Category: Property Law | Date: | Hits: 68

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......rch 2, 1993. Lawyers Involved: Khandker Mahbubuddin Ahmed with AKM Nurunnabi Khan, Advocates ‑ For the Petitioner. Md. Joynul Abedin, Advocate ‑ For the Respondent Nos. 3‑21. Saidur Rahman, Assistant Attorney General ‑ For the Respondent. Writ Petition No.1080 of 1989. Judg......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......represented by its Chairman, calls in question two judgments and orders as at Annexures O and N of the two Revenue Officers, respondent Nos. 1(a) and 2 respectively, passed under the Tenancy Rules, 1955 during the preparation and revision of record‑of‑rights under section 144 of the State Acquis..

Category: Property Law | Date: | Hits: 125

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ...... Abul Hossain and another…………………………...Respondents Judgment August 10, 2009. Cases Referred To- Ramizuddin Miah Vs. Jarimunnessa and others 15 BLD (AD) 52; Md. Matlabur Rahman and others Vs. Madan Meah Chowdhury 33 DLR (AD) 286. Lawyers Involved: M. A. Samad, Sen...... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ..........Appellants Vs. Md. Abul Hossain and another…………………………...Respondents Judgment August 10, 2009. Cases Referred To- Ramizuddin Miah Vs. Jarimunnessa and others 15 BLD (AD) 52; Md. Matlabur Rahman and others Vs. Madan Meah Chowdhury 33 DLR (AD) 286. Lawyers I..

Category: Property Law | Date: | Hits: 65

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ...... Ed. This Case is also Reported in: VIII ADC (2011) 293. ......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......dent. Not represented- Respondent No. 2. Civil Appeal No. 304 of 2002. (From the judgment and order dated the 23rd day of August, 2001 passed by the High Court Division in First Appeal No.115 of 1999). Judgment Mohammad Fazlul Karim J. - This Appeal, by leave, is directed against the..

Category: Property Law | Date: | Hits: 112

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......; Ramratan Vs. Shiodattarai, AIR 1921 (Nagpur) 167; Sitara Shahjahan Begum and another Vs. Munna and another, AIR 1927 (Allahabad) 342; Gujerat Ginning and Manufacturing Co. Ltd. Vs. Matilal Hirabhai & Weaving Co. Ltd. AIR 1930 (Bom) 84; Revenue Punnamma Vs. Lakkaraju Venkata Suhba Rao, AIR 1953..................Appellant Vs. AFM Naziruddin.......................................Respondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR 1921 (Nagpur) 167; Sitara Shahjahan Begum and another ..

Category: Property Law | Date: | Hits: 110

Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)

.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......lute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601....... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601...................Petitioners Vs. Sakhina Bibi and others........................................Opposite Parties. Judgment April 4, 1990. Cases Referred to- Akkama Vs. Venkatpall AIR 1925 Mad 59; Asrar Ahmed Vs. Durgah Committee, Ajmir, AIR 1947 (PC) 1. Lawyers Involved: Md. Shah..

Category: Property Law | Date: | Hits: 92