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Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)

....s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......nnected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......) 568. ......hman J. - This Rule arises out of the judgment and decree of reversal passed by the learned District Judge, Noakhali. 2. The opposite parties Nos. 1 to 11 hereinbefore me instituted Title Suit No. 564 of 1985 for declaration that order passed by the defendant No. 2 the Additional Deputy Commissio..

Category: Property Law | Date: | Hits: 72

Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)

....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......291; 35 DLR AD page 216; 17 DLR pages 687, 547, 541, 105; Khandakar Mohiuddin Vs. Syed Moin Ahmed, 28 DLR SC 85; Ajufannessa @ Aji Bibi and others Vs. Safar Miah and ors., 30 DLR (SC) 41; Md. Altafur Rahman Vs. Tamijur Rahman, 30 DLR (SC) 236. Lawyers Involved: Fazlul Huq, Assistant Attorney ......versed by the lower Appellate Court. In this connection he has referred to some decisions reported in 27 DLR 413 in the case of Md. Ibrahim Vs. Md. Alauddin and others and in the case of Abdul Mannan & ors. Vs. Halima Khatun and others at page 465 of the said report and also another decision reporte......hers.................Respondents. Judgment November 29, 1990. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin, 27 DLR 413; Abdul Mannan and others Vs. Halima Khatun and others, 27 DLR 465; Gappulal Vs. Thakurji Shriji Dawar‑kadheeshj and another, AIR 1969 (SC) 1291; 35 DLR AD page 21..

Category: Property Law | Date: | Hits: 101

Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)

....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......e is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ...... High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Adam Ali Bepari..............................................Petitioner Vs. Abdur Rahman Dewan & others........................Opposite Parties. Judgment February 5, 1991. Cases Refe......Mahmudur Rahman J Adam Ali Bepari..............................................Petitioner Vs. Abdur Rahman Dewan & others........................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1..

Category: Property Law | Date: | Hits: 95

Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)

....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ...... made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......an J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Netrakona made in Miscellaneous Appeal No. 63 of 1985 arising out of the judgment and decree dated 17.11.85 passed by the learned Munsif in Pre‑emptio..

Category: Property Law | Date: | Hits: 97

Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)

....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......quently raised to Tk. 300000/‑, that in spite of several letters and legal notice the petitioner did not liquidate the arrear and the outstanding debt with interest amounted Tk. 668118/‑, as on 9.5.83. Hence the suit for realisation of the arrear dues amicably, or by sale of the Mortgage propert..

Category: Property Law | Date: | Hits: 90

Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)

....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......rse possession here and now by this Court on discussion of evidence. The plaintiff respondent has examined as many as 9 PWs and the defendants have examined 7 DWs. 18. About possession, PW 1 Abdur Rahman Talukdar on behalf of the plaintiff stated as follows:‑ "Since after purchase of the s/1......d to- Immambandi and others Vs. Mutsaddi and others, 45 IA 73; Sonaullah Hawlader Vs. Apseruddin Bali and others, 7 DLR 514; Jogendra Chandra Kapali Chowdhury and another Vs. Arjun Chandra Kapali & others, 15 DLR 628; Sadak Ali Vs. Surju Ali & others, 7 DLR 94; Lala Hem Chand Vs. Laid Pe............Petitioner Vs. Amena Khatun and others............................Opposite Party. Judgment August 23, 1990. Cases Referred to- Immambandi and others Vs. Mutsaddi and others, 45 IA 73; Sonaullah Hawlader Vs. Apseruddin Bali and others, 7 DLR 514; Jogendra Chandra Kapali Chowd..

Category: Property Law | Date: | Hits: 71

Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)

....without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......ahadat Ali and others…………………..Petitioners Vs. Deputy Commissioner, Khulna and others………………..Respondents Judgment May 25, 1992. Lawyers Involved: Sk Afzalur Rahman, Advocate ‑ For Petitioners. QA Hossain, Assistant Attorney‑General ‑ For Respondent......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......deque J Mainur Reza Chowdhury J Sk. Shahadat Ali and others…………………..Petitioners Vs. Deputy Commissioner, Khulna and others………………..Respondents Judgment May 25, 1992. Lawyers Involved: Sk Afzalur Rahman, Advocate ‑ For Petitioners. QA Hossain, Ass..

Category: Property Law | Date: | Hits: 138

Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)

....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......i and others....................Respondent Judgment October 29, 1992. Cases Referred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow School, All England Law Rep......sh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow School, All England Law Report Vol.1 1979 page 365; Anisminic Vs. Foreign Compensation etc., All England Law Report 1969 Vol. 1 p.208; RV Cotham (2..

Category: Property Law | Date: | Hits: 76

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......t Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Anwara Rashid and others....................................Petitioners (In Writ Petition No. 554 of 1992) Khodeja Begum and another……………………………………..Petitioners (In..

Category: Property Law | Date: | Hits: 79

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......am Sakhina Vs. Omar Bakh and another, 16 DLR SC 389 41. Lawyers Involved: Syed Ishtiaque Ahmed, Mohammadullah, Giasuddin Ahmed and Mohd. Ismail Gazi, Advocates For the Appellant. Dr. Rafiqur Rahman, Ruhul Amin and Sirajur Rahman, Advocates- For the Respondents. Appeal from Original Decre......urchaser company was not admissible in evidence under the provision of section 92 of the Evidence Act, the Court below considered such evidence along with address of M/s. Dacca Wood Works Ltd. at 151 & 152 Tejgaon Industrial Area in the printed pads on which Exts. CDE and F wore typed written an......madullah, Giasuddin Ahmed and Mohd. Ismail Gazi, Advocates For the Appellant. Dr. Rafiqur Rahman, Ruhul Amin and Sirajur Rahman, Advocates- For the Respondents. Appeal from Original Decree No. 65 of 1986. Judgment Kazi Ebadul Hoque J. - This appeal at the instance of the defendant No. 1 ..

Category: Property Law | Date: | Hits: 69

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ...... is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ...... Present: Md. Mozammel Hoque J Habibur Rahman Khan J Motiul Hoque……………………………………………………………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers ...... Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 22 DLR 664; Monomohen Ray Choudhary Vs. Ajit Kamal Dutta Gupta, 6 DLR..

Category: Property Law | Date: | Hits: 87

Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233........ Ed. This Case is also Reported in: VIII ADC (2011) 233....... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......bandoned Buildings published in Bangladesh Gazette dated 23.09.1986 under serial No. Sutrapur-9 at page No.9762(9) under the provisions of Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985). 2. The facts involved in the case, in short, are that the appellan..

Category: Property Law | Date: | Hits: 65

Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)

....urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......urt Division considered all aspects of this mater and we do not find any legal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......nted – the Respondent. Civil Petition for Leave to Appeal No. 993 of 2007. (From the Judgment and Order dated 20th May, 2007 passed by the High Court Division in Civil Revision No. 2407 of 2005) Judgment MM Ruhul Amin CJ. - This petition for leave to appeal is directed against the judg..

Category: Property Law | Date: | Hits: 69

Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)

....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......e High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......l Abedin, Advocate-on-Record-For the Appellants. A. J. Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No.6. Not represented-Respondent Nos. 1-5 and 7. Civil Appeal No.158 of 2007. (From the judgment and order dated 16th January, 2007 pa..

Category: Property Law | Date: | Hits: 80

M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)

....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......75 of 1990) Judgment January 6, 1993. Case Referred To- Maria Keshi D'Rozario Vs. Hassan Movies Ltd. 41 DLR (AD) 135. Lawyers Involved: SR Paul with Md. Faruque Ahmed and Md. Bazlur Rahman Chhana, Advocates ‑ For the Petitioner. Habibul Islam Bhuiyan with Md. Abul Hashem and M......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181........Petitioner Vs. AL‑Haj Rafique Mia...................Opposite Party (In Civil Revision No.674 of 1990) and Al‑Haj Mir Jahan ....................Opposite Party (In Civil Revision No. 675 of 1990) Judgment January 6, 1993. Case Referred To- Maria Keshi D'Rozario Vs. Hassan ..

Category: Property Law | Date: | Hits: 78

Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)

....rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......82 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ...... parties Judgment May 21, 2009. Result: The Rule is made absolut. Lawyers Involved: Nikhilesh Dutta-For the petitioner. No one-For the opposite parties. Civil Revision No. 8925 of 1991. Judgment Siddiqur Rahman Miah J. - This Rule obtained by the plaintiff petitioner i..

Category: Property Law | Date: | Hits: 82

Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)

....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......Court Appellate Division (Civil) Present: Md. Muzammel Hossain J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Amir Hussain Sowdager, son of late Mafizur Rahman.........................Petitioner Vs. Mohammad Harunur Rashid, son of late Khaiez Ahme...... J Syed Mahmud Hossain J Muhammad Imman Ali J Amir Hussain Sowdager, son of late Mafizur Rahman.........................Petitioner Vs. Mohammad Harunur Rashid, son of late Khaiez Ahmed & others………Respondents Judgment March 8, 2011. Result: The leave is granted. La......in First Appeal No.281 of 2008, dismissing the appeal. 2. The facts giving rise to the instant petition, in brief, are that the respondent No.1 as the plaintiff entered into an agreement on 02.05.2002 with the petitioner-defendant No.1 to purchase the property detailed in the schedule to the..

Category: Property Law | Date: | Hits: 98

Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)

....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ...... This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ...... Petition No. 2029 of 2009) Subrata Chowdhury, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1996 & 2029 of 2009. (From the judgment and order dated the 6th day of July, 2009 passed by the H......�……………….........Petitioner (In Civil Petition No.1996 of 2009.) Vs. Lutfun Nessa and others………………………..........Respondents (In both the cases) Judgment August 5, 2010. Lawyers Involved: Biswajit Das, Deputy Attorney General instructed by Mr. B. Hossain,..

Category: Property Law | Date: | Hits: 93

Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)

....tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......houdhury J Sudhansu Kumar Barai and others........Petitioners Vs. Abul Hashem and others ...................Opposite Parties. Judgment February 7, 1990. Lawyers Involved: Mujibur Rahman Talukder for PC Guha, Advocates ‑For the Petitioners. Tapan Kumar Chakroborty, Advocate ......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ....... 211 of 1986. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule is directed against an order dated 28.6.86 passed by Mr. Manjur Kader, Upazila Munsif, Banaripara in Title Suit No.12 of 1985 refusing to dismiss the suit as being barred by res judicata. 2. Opposite party No.1 namely, Ab..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)

....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......li & others Vs. Salek Ali & others, BCR 1985 (AD) 29; Bangladesh and another Vs. Md. Salimullah, 35 DLR (AD) 1. Lawyers Involved: Md. Shamsul Alam, Deputy Attorney General with Obaidur Rahman, Assistant Attorney General ‑ For the Appellant. Hemayetuddin Ahmed, Advocate ‑ For th......ion) Present: Bimalcndu Bikash Roy Choudhury J Md. Mozarnmel Hoque J Government of Bangladesh.......................................Appellant Vs. Abdul Wahid Sheikh (dead) his heirs & others .............Respondents. Judgment January 28, 1990. Cases Referred to- Ab......id Sheikh (dead) his heirs & others .............Respondents. Judgment January 28, 1990. Cases Referred to- Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 31 DLR (AD) 195; Makku Mia & others Vs. Ali Hossain Bhuiyan and others BCR 1984 (AD) 60; Afar Ali & others..

Category: Property Law | Date: | Hits: 77

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