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Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)

.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......ivil Revision No.7243 of 1991. Judgment Md. Abdur Rashid J.- The Rule (originally in Civil Revision No. 144 of 1986) was obtained on 03-03-86 by the petitioner in an application under section 115 of the Code of Civil Procedure, shortly the Code, against order dated 03-12-85 passed by the Subor..

Category: Property Law | Date: | Hits: 95

Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)

....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......য়া জমি জমা দখল পাইতে সক্ষম থাকিবেন।” 20. The ‘Ekrarnama’ was written by M Amir Bux and witnessed by Abu Backkar Siddique and Ahmedur Rahman. In adducing the ‘Ekrarnama’ the plaintiff testified that defendant 3 gave him the ‘Ekr...... 16. The trial Court held that the deeds of sale and the agreement for reconveyance together constitutes an usufructuary mortgage not exceeding seven years under sections 95A of the State Acquisition & Tenancy Act and that the defendants 1 and 2 were aware of the ‘Ekrarnama’ as they admitted......pposite Party Judgment May 18, 2000. Cases Referred To- Shamser Ali Vs. Kafizan Bibi, 44 DLR (AD) 231; Rupe Jahan Begum Vs. Lutfe Ali, 49 DLR (AD) 73; Jahanara Begum Vs. Md. Aminul Islam, 50 DLR (AD) 52; Tazal Hoque Vs. Md. Affan, 17 DLR 613; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad ..

Category: Property Law | Date: | Hits: 113

Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)

....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......etema Hajura and others ………………….Opposite Parties. Judgment March 30, 2000. Cases Referred To- Maqbul Ahamed and others Vs. Shoeb Chowdhury and others, 44 DLR 156; Md. Matiur Rahman Vs. Lal Banu Bibi and others, 986 BLD 432. Lawyers Involved: Asad Hossain Chowdhury, A......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......ers Vs. Fetema Hajura and others ………………….Opposite Parties. Judgment March 30, 2000. Cases Referred To- Maqbul Ahamed and others Vs. Shoeb Chowdhury and others, 44 DLR 156; Md. Matiur Rahman Vs. Lal Banu Bibi and others, 986 BLD 432. Lawyers Involved: Asad Hossa..

Category: Property Law | Date: | Hits: 71

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......1998. Lawyers Involved: Miah Abdul Gafur with Md. Faruque Ahmed, Advocate—For the petitioner. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 548 and 464 of 1994. Judgment Syed Amirul Islam J.- Both the Rules arise out of the same Judgm..

Category: Property Law | Date: | Hits: 90

Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)

.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ....... Abdur Rashid J Eser Ali Sheikh (Md.) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. Asaduzzaman Advocate- For the oppos...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Eser Ali Sheikh (Md.) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petit..

Category: Property Law | Date: | Hits: 91

Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)

....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ...........Petitioner Vs. Hazi Md. Yusuf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......wyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment SK Sinha J.- Petitioner is the decree-holder who obtained this Rule again..

Category: Property Law | Date: | Hits: 82

Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552........Opposite Parties. Judgment July 17, 2001. Case Referred To- Province of East Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11 DLR (SC) 318. Lawyers Involved: Sk Afzalur Rahman with Emdadul Huq Azad, Advocates—For the Petitioner. Abdul Quayum, Deputy Attorney-Gener......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......or the Petitioner. Abdul Quayum, Deputy Attorney-General—For Opposite Parties. Civil Revision Case No. 2164 of 1999. Judgment SK Sinha J.- This Rule is directed against the order dated 15-6-1999 of the learned Additional District Judge, Naogaon in Miscellaneous Appeal No.38 of 1984 rev..

Category: Property Law | Date: | Hits: 105

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540.......There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540....... (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Abdul Quddus J Modhumala………….Petitioner Vs. Director, Housing and Judgment Building Research Institute & others.……….Respondents. Judgment October 26, 2000. Lawyers Involved: Nizamul...... Judgment October 26, 2000. Lawyers Involved: Nizamul Hoque Nasim, Advocate— For the Petitioner Shahabuddin Ahmad, Deputy Attorney-General—For the Respondents. Writ Petition No. 59 of 1994. Judgment SAN Mominur Rahman J.- In this Rule respondents were directed to show ca..

Category: Property Law | Date: | Hits: 97

Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......me Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Government of Bangladesh, represented by Secretary, Housing and Settlement Bangladesh Secretariat & others ...............Petitioner Vs. ASM Ferojuddin Bhuiyan…………………….Oppo......f 2000. Judgment AK Badrul Huq J.- A judgment of reversal has been called in question by petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show..

Category: Property Law | Date: | Hits: 83

ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

.... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ...... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ...... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ......dom Fighters Welfare Trust and others…….Respondent Judgment February 8, 1999. Cases Referred to- Mozaher Sawdagar vs. M Zahirul Alam 40 DLR (AD) 62; Shafique Ahmed vs. Chairman BCIC 45 DLR 95; UK Salsabil vs. Shama Corporation 37 DLR (AD) 117 and Hossain Ahmed vs. Md. Hossain and Br..

Category: Property Law | Date: | Hits: 102

Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)

.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......oper. 2. Facts, in short, are that the petitioner as plaintiff instituted Title Suit No. 22 of 1990 in the Court of Senior Assistant Judge, Barisal for declaration of title and for partition of 1.95-acre of land out of 4.18 acres of land in the schedule 'Ka' of the plaint. 3. The plaintiffs’..

Category: Property Law | Date: | Hits: 102

Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)

....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88........ Mustafa Hossain, 1992 BLD (AD) 131, Ismail vs. Fida Ali, PLD 1965 SC 634 = 17 DLR (SC) 531. Lawyers Involved: Ozair Farook with Md. Kabir Hossain Advocates—For the Appellant. Md. Nazibur Rahman with Shafiqul Alam, Advocates—For the Respondents. First Appeal No. 518 of 2000. Judg......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......……...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, 2004. Cases Referred to- Atul vs. Rau Kishore, AIR 1956 Orissa 77, Muhammad Din vs. Atta Muhammad and others, PLD 1957 Lahore 971; Modan Mohan Pal Annosa..

Category: Property Law | Date: | Hits: 83

Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)

....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ...... Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......se is also Reported in: 58 DLR (2006) 81. ...... Vs. Md. Karam Ali Sheikh & others ............................Opposite Parties Judgment July 21, 2003. Cases Referred to- Md. Sadiq vs. Basgit Sah and others, AIR 1926 (Patna) 159; Thottamma vs. CS Subramaniyyan and another, AIR 1922 Madras 219; Rati Ram vs. Niader Mal, AIR 19..

Category: Property Law | Date: | Hits: 70

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......dents Judgment July 19, 2004. Cases Referred to- Md. Yaqoob Khan vs. Sahib Khatoon and others, (1998) 20 CLC 1576; Mukhtar Baig vs. Sardar Baig 2000 SCMR 45; Jamila Khatum vs. Md. Lutfar Rahman alias Nefasur and others 3 BLC 306; Jamaluddin vs. Rabeya Begum, 32 DLR 63; Nesmohammad and o......ead such transferee pendente lite nor is such transferee entitled to be impleaded as party to the suit. Cf: A'esmohammad and others vs Jamila Khatvn and others 6 BIT (AD) 276 = 3 BLC 306; Golam Kader & others vs. Abdul Khaleque Choukdar 43 DLR (AD) 107 and Muktar Baig vs. Sardar Baig, 2000 SCMR 45. ......Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- Md. Yaqoob Khan vs. Sahib Khatoon and others, (1998) 20 CLC 1576; Mukhtar Baig vs. Sardar Baig 2000 SCMR 45; Jamila Khatum vs. Md. Lutfar Rahman alias Nefasur an..

Category: Property Law | Date: | Hits: 71

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......rs Involved: Mahbubey Alam with Md. Mozammel Hossain and Md. Sagir Anower, Advocates—For the Appellant. Shafique Ahmed, Advocate—For the Respondents. Appeal from Original Decree Nos. 505 & 506 of 2000. Judgment Md Abdur Rashid J.- We heard both appeals together and now dispose......awyers Involved: Mahbubey Alam with Md. Mozammel Hossain and Md. Sagir Anower, Advocates—For the Appellant. Shafique Ahmed, Advocate—For the Respondents. Appeal from Original Decree Nos. 505 & 506 of 2000. Judgment Md Abdur Rashid J.- We heard both appeals together and now dis..

Category: Property Law | Date: | Hits: 139

Abdul Moin Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others, 2001, 30 CLC (HCD)

.... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ...... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ......isdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Abdul Moin ……………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others. ………………….Respondents. Judgment March 28, 2001. Lawyers Involved......d: JN Deb, Advocate—For the Petitioner. ABM Mostafa Kamal, Advocate—For Respondents No. 4. Abul Hossain Azadi, Assistant Attorney-General— For the Respondents. Writ Petition No. 1895 of 1999. Judgment Md. Joynul Abedin J.- This Rule was issued under Article 102 of the Consti..

Category: Property Law | Date: | Hits: 95

Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)

....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......eal No.114 of 1978. Judgment Abu Sayeed Ahammed J.- This appeal is at the instance of the plaintiffs, against the judgment and decree passed by the Subordinate Judge, Khulna in Title Appeal No.156 of 1976 on 21-9-77 affirming those of the Munsif, 2nd Court, Satkhira passed in Title Suit No.419..

Category: Property Law | Date: | Hits: 85

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......2001. Cases Referred To- Pravesh Chandra Mallik Vs. Debendra Nath Dutta, 39 CWN, 1076; State Vs. Mask and Co. AIR 1940 (SC); Annamali Chettiar Vs. Palamali and others, 41 ILR (Madras series) 265; Mozammel Hoq Vs. State and another, 1983 BLD 168. Lawyers Involved: Abdul Wadud Bhuiyan wit..

Category: Property Law | Date: | Hits: 83

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......01. Cases Referred to- Haider Ali Vs. the State, 47 DLR (AD) 47, Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493, Jhanda Singh and another Vs. Harman Singh and others, AIR 1926 Lahore 415, Sheikh Karimullah Vs. Gudar Koeri and others, AIR 1925 Allahabad 56, Gopal Das and another Vs. Sr..

Category: Property Law | Date: | Hits: 75

Hamayet Uddin Ahmed Vs. First Court of Settlement, Bangladesh Abandoned Building & others, 2001, 30 CLC (HCD)

....ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ......ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ...... Jurisdiction) Present: Syed JR Mudassir Hussain J Syed Mahmud Hussain J Hamayet Uddin Ahmed………….….Petitioner Vs. First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents Judgment May 8, 2001 Cases Referred To- Governme......s. Md. Abdul Jalil, 49 DLR (AD) 26. Lawyers Involved: SS Halder, Advocate—For the Petitioner. Dr. Kazi Rezaul Hoque, Assistant-Attorney-General—For the Respondents. Writ Petition No. 2512 of 1995. Judgment Syed Mahmud Hossain J.- This Rule Nisi was issued calling upon the respo..

Category: Property Law | Date: | Hits: 103