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Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......d. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and othe.........Appellants Vs. Mosammat Galman Begum and others............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & oth­ers Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdur Rashid Sarker (Md.) and others ...... Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & oth­ers Vs..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......s without resorting to the statutory remedy have challenged the actions of the appellants. 8. Mr. Mahmudul Islam, on the other hand, supported the judgment of the High Court Division and submitted: "a) the attempt to demolish and evict the writ petitioners from the homestead will create hards......ha……………………..Appellant (In Civil Appeal No.89 of 2010) Vs. Md. Gias Uddin Chowdhury and Others…………………………..Respondents (In both the appeals) Judgment May 15, 2011. Cases Referred to- Md. Khairullal Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338;..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)

.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......Ahmed Chowdury and others Vs. Nurul Amin, 47 DLR (AD) 162. Lawyers Involved: A. B. Roy Chowdhury, Advocate-For the petitioners. Not represented- the Opposite parties. Civil Revision No.2758 of 2006. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents ..

Category: Property Law | Date: 31 Mar, 2011 | Hits: 68

Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)

....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......habani Charan Laha was the owner of 48 decimals of land of C.S. Khatian No.440 as described in schedule "Ka" to the plaint. Bahabani Charan Laha settled this 48 decimals of land in favour of Khalilur Rahman and Biadhan Bia by a registered kabuliyat dated 29.01.1943. Biadhan Bia by a kabala executed ......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the High Court Division in Civ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 84

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......miss statements in the plaint, the plaint should be rejected if it not covered under Order VII Rule 11 but under section 151 of the Code of Civil Procedure. Learned Advocate relying on the decision of Jabed Ali Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others, 35 DLR (AD) 31 ......€¦â€¦..Respondent Judgment January 27, 2011. Result: The appeal is allowed. Cases Referred to- Jabed Ali Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others, 35 DLR (AD) 31; Pushpa Rani Saha Fodder Vs. Rash Mohan Saha being dead his heirs, Kartick Chowdhury S..

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ...... in dag No.1022 for 15 decimals of land. This being totally wrong as the khatian was not prepared as per the requirement of law, plaintiffs filed the suit. 3. Defendant Nos.5 and 6 i.e. Siddiqur Rahman alias Siddiqu Miah and Md. Nasir Uddin alias Julhas Miah, Defendant Nos.1 and 2 i.e. Governme......isfy itself that the recorded tenant migrated to India before 1965. In support of this we can rely on the case of Dayal Chandra Mondal Vs. Assistant Custodian of Vested and Non-Resident properties (L & B) and Additional Deputy Commissioner (Revenue), Dhaka, 50 DLR 186........(9) Expiry of t......cision of the Appellate Division no property can be declared as enemy property or abandoned property after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......rred to- 2 BLC (AD) 134; 4 BLC 310. Lawyers Involved: Md. Serajul Haq - For the petitioners. M. Hashmat Ullah Sheikh - For the opposite parties. Civil Revision No.4126 of 2005. Judgment Faruque Ahmed J.- This rule at the instance of the defendant petitioners was ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ......adesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 289. Lawyers Involved: Md. Khalilur Rahman, Advocate—For the Petitioners. SRM Lutfor Rahman Akand, Advocate—For the Res......;     ......ment October 28, 2009.  Result: this Rule is made absolute. Cases Referred to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 289. Lawy..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)

....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......The Appeals are allowed. Cases Referred to- Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96;Hazera Begum Vs. Rowshan Ara Begum, 39 DLR (AD) 22; Lawyers Involved: MA Azim Khair, Advocate—For the Appellant (In First Appeal No. 48 of 1999) Mohiuddin Ahmed, Advocate—For t...... Anwar Hossain and others..................Respondents Judgment August 20, 2009. Result: The Appeals are allowed. Cases Referred to- Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96;Hazera Begum Vs. Rowshan Ara Begum, 39 DLR (AD) 22; Lawyers Involved: MA Azim K..

Category: Property Law | Date: 20 Aug, 2009 | Hits: 3

Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)

.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ...... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......is dismissed. Lawyers Involved: Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner None represented- the Respondents. Civil Petition for Leave to Appeal No.1601 of 2008. Judgment BK Das J.-  This petition for leave to appeal has been filed against the judgment and order dated 28.4.20......gment BK Das J.-  This petition for leave to appeal has been filed against the judgment and order dated 28.4.2008 passed by the a Division Bench of the High Court Division in Civil Order No. 1775 of 2008 summarily rejecting an application filed under Section 115(1) of the Code of Civil Procedu..

Category: Property Law | Date: 23 Jul, 2009 | Hits: 6

Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......the Palashbari Government College at Gaibandha after a teaching career of thirty five years. Petitioner No.2 is his wife and a housewife. On a joint application of the petitioners and two others (wife's full sister and her husband, added respondent No.9), respondent No.7, Assistant Commissioner ...... Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The leave petition is dismissed. Lawyers Involved: Moudud Ahme..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

.... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ...... also Reported in: 29 BLD (HCD) (2009) 296.     ...... File Plus (AD) 73. Lawyers Involved: Sasti Sarker with Khandaker Nozrul Islam- For the Petitioners. Md. Nurul Amin with Md. Amimul Ehsan- For Opposite Parties. Civil Revision No. 5086 of 2004. Judgment Afzal Hossain Ahmed J.-This Rule, at the instance of the plaintiff-..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......thers 1987 BLD (AD) 156. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellants. Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent Nos.1 (a)-1(k). Not represented-Respondent Nos.-2-9. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......a being dead her heirs Suraya Hossain and others .........Respondents Judgment April 13, 2009. Case Referred To- Jahed Ali Mondal and others Vs. Jamini Kanta Dey and others 1987 BLD (AD) 156. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellants. Mahmudul Islam,..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)

....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......rt records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......lso Reported in: 29 BLD (HCD) (2009) 391. ......…Opposite Parties Judgment November 20, 2008. Result: The Rule is discharged. Cases Referred to- Birendra Nath Kar Vs. Abdul Mannan Kazi and others, 10 BLC (AD) 157; Mozibar Rahman Molla and another Vs. Md. Rehazuddin and others, 8 BLC 479; Abdul Latif Vs. Rashi..

Category: Property Law | Date: 20 Nov, 2008 | Hits: 2

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......ported in: 29 BLD (HCD) (2009) 402. ...... July 30, 2008. Result: The Rule is discharged. Cases Referred to- Fatema Khatun Vs. Faizal Mia, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa and oth­ers, 15 B.L.D. (A.D) 82; Hazari Bala Sana and another Vs. Niron alias Nironjan Mondal and others, 17 B.L.D..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)

....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......ecord immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......eported in: 13 BLC (HCD) (2008) 868. ......ullah, 31 DLR (AD) 91; Karimunessa Begum Chowdhurani Vs. Niranjan Chowdhury, 43 DLR (AD) 108; Jatindra Kumar Chakrabarti Vs. Chandra Kumar, 38 CWN 616; Nurul Hossain Mallik Vs. Mihilal Sheikh, AIR 1945 Cal. 144; Babu Hoque Vs. Lal Jan Bibi, 8 DLR 362. Lawyers Involved: Md. Abdur Razzaque, ..

Category: Property Law | Date: 11 Jun, 2008 | Hits: 12

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......ttagong and Others, (2001) 6 MLR (AD) 112; Abdur Rouf Chowdhury and 4 Others Vs. Additional Deputy Commissioner (Land and Acquisition) and Others Md. Mobarak Hossain Vs. The State, 3 BLC 330; Mizanur Rahman (Md) Vs. Deputy Commissioner, Mymensingh and Others, (2002) 7 BLC (AD) 17; Sankar Gopal Chatt......also Reported in: 29 BLD (HCD) (2009) 7. ......, turned it into a market. The market bears a sign board, which reads "English Road Iron and Steel Merchant Association Jatrabari Market". The Association purchased land from R.S. plot No.2357 corresponding to Mahanagar Survey plot Nos.4943 and 4945 and those two plots are contiguous to a ..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ......s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ...... (HCD) (2009) 347.   ...... Judgment Md. Abdul Wahhab Miah J.-This first appeal is directed against the judgment and decree dated 31.03.2004 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title sui..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Most. Rafika Begum Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others, 2008, 37 CLC (HCD)

....ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ...... Parties Judgment April 9, 2008. Result: The Rule is discharged. Cases Referred to- Md. Abdur Rouf and others Vs. Mahmuda Khatoon and others, 1 BCR (AD) 194; Akhlasur Rahman and others Vs. Safurullah and others, 14 BLD (AD) 20; Ishaque (Md.) Vs. Ekramul Haque Chowd......ime of issuance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ......d. Abdur Rouf and others Vs. Mahmuda Khatoon and others, 1 BCR (AD) 194; Akhlasur Rahman and others Vs. Safurullah and others, 14 BLD (AD) 20; Ishaque (Md.) Vs. Ekramul Haque Chowdhury and others, 54 DLR (AD) 26; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala ..

Category: Property Law | Date: 9 Apr, 2008 | Hits: 4

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)

....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and others, 17 BLD (AD) 295. Lawyers Involved: Quamrul Islam Siddiqui with Md. Jashimuddin - For the Defendant-Respondent-Petitioner.  Muhammad Nazrul Islam with Syed Al Asafur Ali - For the Plaintiffs-Appellants-Opposite Par......Abu Kowser Md. Dabirush-Shan J Kazi Ali Ahmed………………………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Result: The Rule is discharged. Cases Referred to- Rupe Jahan Begum and other..

Category: Property Law | Date: 5 Mar, 2008 | Hits: 28