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Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)

....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......ment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: Lutfor Rahman Mondol with KM Zahid Sarwar, Advocates — For the Petitioners. Md. Aminul Haq Helal, ......This Case is also Reported in: 59 DLR (2007) 634. ......the learned District Judge, Naogaon in Miscellaneous Appeal No. 67 of 2000, reversing those dated 13-4-2000 passed by the learned Assistant Judge-in-Charge, Naogaon in Miscellaneous Case No. 11 of 1995 should not be set aside and or pass such other order or further order or orders as to this Court m..

Category: Property Law | Date: | Hits: 23

Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)

....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......and order dated 6-1-2000 passed by the learned Additional District Judge, Bhola in Title Appeal No. 59 of 1997 allowing the application under section XLI, rule 27 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted a suit being Title Suit No. 33 of 1994 in the Court o......ith Tapash Kumar Biswas and Md. Ali Reza, Advocates—For the Opposite Parties. Civil Revision No. 1172 of 2000. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the plaintiffs-respondents is directed agains..

Category: Property Law | Date: | Hits: 32

Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)

....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ...... Shyamal Chandra Roy vs. Probhat Chandra Roy, 51 DLR 504, Shahabuddin Ahmed vs. Upazila Education Officer, Bakerganj 41 DLR 168, 5 DLR 89, PLD 1968 Peshawar, 134. Lawyers involved: Md. Nazibar Rahman, Advocate—For the Petitioners. Not represented—For Opposite Party Nos. 1 and 2. Civ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......€¦.Plaintiff-Petitioners Vs. Tazir Muhammad and others………………Opposite Parties Judgment February 31, 2007. Cases Referred To- Shyamal Chandra Roy vs. Probhat Chandra Roy, 51 DLR 504, Shahabuddin Ahmed vs. Upazila Education Officer, Bakerganj 41 DLR 168, 5 DLR 89, PLD 196..

Category: Property Law | Date: | Hits: 23

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ...... Cases Referred To- Manorama vs. Shiva Sundari 24 CWN 480. Kali Das vs. lshan Chander 31 Cal 914 (PC); State vs. Pali Ram, AIR 1974 (SC) 14; Bangladesh vs. AKM Saifiil Alam 9 MLR (AD) 201 - 56 DLR (AD) 41; Anil Behari Ghose vs. Sint Latika Bala Dassi, AIR 1955 SC; Promode Kumar Roy vs. Sep..

Category: Property Law | Date: | Hits: 68

Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)

....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......te of C V Nayagan, 1936 Rang 466. Lawyers Involved: Lucky Begum for Mashuque Hossain Ahmed, Advocate — For the Petitioner. Not represented — Opposite Party No.1. Civil Revision No. 1765 of 1995. Judgment Md. Abdur Rashid J.- This Rule was obtained on behalf of the minor by his..

Category: Property Law | Date: | Hits: 36

Begum Khaleda Zia Vs. Secretary, Ministry of Defence, Government Of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others, 2010, 39 CLC (AD)

....ccordingly rejected. However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess. This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......ior Advocate, Aminul Haque, Senior Advocate, with Mr. A.M. Mahbubuddin, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Mahbubey Alam, Attorney General, with M.K. Rahman, Additional Attorney General, Murad Reza, Additional Attorney General, Momtaz Uddin Fakir, Ad......ccordingly rejected. However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess. This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......ey General, Khondoker Diliruzzaman, Assistant Attorney General, Ms. Fazilatunnessa Bappy, Assistant Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For Respondent Nos.1,3,4 and 5. Not represented- Respondent No.2. Date of hearing: November 29, 2010. Civil Petition..

Category: Property Law | Date: | Hits: 73

Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)

....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ts. Ed. This Case is also Reported in: VII ADC (2010) 794.......d others…………………………………Respondent Judgment May 5, 2009. Cases Referred To- Kandu and others Vs. Woghu 3 DLR (PC) 310; Ma Shere Mye Vs. Maung Mothkaugn (3) L.R. 48 & A 217. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Nurul I......hah Abu Nayeem Mominur Rahman J Dr. Md. Kamrul Ahsan Talukder…………............Appellant Vs. Nurun Nahar and others…………………………………Respondent Judgment May 5, 2009. Cases Referred To- Kandu and others Vs. Woghu 3 DLR (PC) 310; Ma Shere Mye Vs. Maung ..

Category: Property Law | Date: | Hits: 37

Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480....... of Bangladesh and others…………..Respondents Judgment June 7, 2007. Cases Referred To- Sekander Ali Mia vs. Chairman, BIWTA 40 DLR (AD) 262, Shamsunnahar Salam vs. Mohammad Wahidur Rahman 51 DLR (AD) 232 . Lawyers involved: Md. Shakhawat Hossain, Advocate—For the Petitione......ged tenant Fidaul Huq was a defaulter for non payment of the rent amounting to Taka 18,19,303.53 till 31­10-03 and in support of his contention, he cited the case of Sekander Ali Mia, Mujibur Rahman & Shahidul Islam vs. Chairman, BIWTA and others reported in 40 DLR (AD) 262. 13. He furth......gladesh and others…………..Respondents Judgment June 7, 2007. Cases Referred To- Sekander Ali Mia vs. Chairman, BIWTA 40 DLR (AD) 262, Shamsunnahar Salam vs. Mohammad Wahidur Rahman 51 DLR (AD) 232 . Lawyers involved: Md. Shakhawat Hossain, Advocate—For the Petitioner. A..

Category: Property Law | Date: | Hits: 34

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ...... affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ...... Reported in: 59 DLR (2007) 476. ......ers.............................................Opposite Parties Judgment February 11, 2007. Cases Referred To- Government of People's Republic of Bangladesh and others vs. Khashru Miah, 58 DLR (AD) 46; Khodeja Begum and another vs. Sagarmal Agarwal @ Sambamal Agarwala and another 1987 ..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

....‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......rded wrongly. Abdul Gafur died leaving a widow, a son and 3 daughters and said Abdul Aziz died leaving two sons and a daughter. It is also the case of the opposite party No. 1 that his cousin Habibur Rahman transferred some lands in his favour out of the case jote by Heba‑bil Ewaz, Exhibit Ka and ......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ...................Opposite-Parties Judgment June 11, 2002. Case Referred To- Rafiqul Alam Vs. Rahimuddin Sarkar and others, 34 DLR 180; Munsuruddin Bhuiya Vs. Md. Yakub Ali and others, 21 DLR 565; Golam Mustafa and others Vs. Kazem Ali Khan @ Kazal Khan and others, 50 DLR 544; Shafiq Mia and..

Category: Property Law | Date: | Hits: 37

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ...... court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ......Kanti Biswas and Md. Ali Reza, Advocates—For the Opposite Parties. Civil Revision No. 937 of 2006. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(4) of the Code of Civil Procedure is directed against the judgment and order dated 29-3-2006 passe..

Category: Property Law | Date: | Hits: 34

Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)

....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......Division (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Salina Begum ………………………………………………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. ......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......r assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of facts no interference is called for in the revision under section 115(1) of the Code of Civil Procedure. ……………………………………….(13) When the..

Category: Property Law | Date: | Hits: 40

Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)

....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ...... Ratan Sarder and others……….........Appellants Vs. Bishai Bepari and others………..........Respondents Judgment August 3, 2009. Cases Referred To- 45 DLR 15; Md. Matlabur Rahman and others Vs. Madan Meah Chowdhury 33 DLR (AD) 286. Lawyers Involved: Md. Nurul Amin, ......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......urendra Kumar Sinha J Ratan Sarder and others……….........Appellants Vs. Bishai Bepari and others………..........Respondents Judgment August 3, 2009. Cases Referred To- 45 DLR 15; Md. Matlabur Rahman and others Vs. Madan Meah Chowdhury 33 DLR (AD) 286. Lawyers Involv..

Category: Property Law | Date: | Hits: 28

Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)

....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......d and Heba-bil-Iwaz also cannot be called valid unless Iwaz is paid, which is lacking in this case from the side of the defendant. While deciding the case of Abdul Motaleb Biswas vs. Matulla @ Matiur Rahman 6 DLR 202, an eminent judge of this sub-continent Mr. Justice Ibrahim, has held as follows: ......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......eferred To- Jobeda Khatun vs MA Mannan 46 DLR 621; Abul Khair Mia vs Abdul Latif Sardar 32 DLR (AD 167 and Abtabuddin Fakir vs Sowdagar Rabi Das 43 DLR 42; Kalu Ram vs Babu Lal AIR 1932 (All 485 (FB) = ILR-54 (All) 812. Lawyers involved: JH Afric, Advocate—For the Petitioner. ..

Category: Property Law | Date: | Hits: 26

Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......red To- Bangladesh vs. Subash Chandra Das 46 DLR (AD) 63; Subash Chandra Das vs. Bangladesh 50 DLR (AD) 106. Lawyers involved: Mihir Kanti Majumder, Advocate—For the Petitioners. Adilur Rahman Khan, Deputy Attorney-General— For Respondent No.1. Writ Petition No. 1745 of 1996. J......tion to that effect to be published in the official Gazette by the Deputy Commissioner. In the case of Bangladesh, represented by the Secretary, Ministry of Land Administration Vs. Subash Chandra Das & ors. reported in 46 DLR (AD) 63, the Appellate Division held— "The provision of section 1...... and others ……………………………..Respondents Judgment August 13, 2006. Cases Referred To- Bangladesh vs. Subash Chandra Das 46 DLR (AD) 63; Subash Chandra Das vs. Bangladesh 50 DLR (AD) 106. Lawyers involved: Mihir Kanti Majumder, Advocate—For the Petitioners. Ad..

Category: Property Law | Date: | Hits: 57

Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)

..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......LR (AD) 194; Md Badruddin Khan vs. Bangladesh 36 DLR (AD) 52; Radha Prasad Singh vs. Gajadhar Singh AIR 1960 SC 115; Gola Bewa vs. Md. Abdur Rashid 4 MLR (AD) 420. Lawyers involved: Md. Muzibur Rahman, Advocate—For the Petitioner. Azra Ali with Shahidul Islam, Advocates—For the Opposite......lower appellate Court ignored and/or misread the same to its peril. In this regard, Mr. Rahman, has drawn this Court's attention to the Appellate Division's Judgment and order in Saheda Khatun (Most) & others vs. Sheikh Md Ramjan Ali reported in 10 MLR (AD) 194, It is evident to this Court that ......diction) Present: Syed Refaat Ahmed J Jakir Hossain.........................Petitioner Vs. Jel Vanu………………………………….Opposite-Party Judgment August 17, 2005. Cases Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. ..

Category: Property Law | Date: | Hits: 32

Bangladesh Small and Cottage Industries Corporation Vs. Kazi Nazimuddin and others, 2009, 38 CLC (AD)

....ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447....... Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447....... None Represented-For the Respondent Nos. 2, 7-13 (In Civil Appeal No. 262 of 2002). M Amirul Islam, Senior Advocate instructed by Mvi Md Wahidullah Advocate-on-Record—For the Respon­dent Nos.1 & 3.(In Civil Appeal No.263 of 2002). None Represented-For the Respondent Nos. 2, 4-6. (In Ci......dvocate-on-Record—For the Appellant. (In all the appeals). M Amirul Islam, Senior Advocate instructed by Mvi Md Wahidullah, Advocate-on-Record—For the Respon­dent No.1. (In Civil Appeal Nos. 251, 252, 256, 257, 259-61 and 264 of 2002) None represented-For Respondent Nos. 2-3 (In Civil Ap..

Category: Property Law | Date: | Hits: 37

Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)

....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......on Co. Ltd…………Appellant Vs. Shams Company and others………………………………….Respondents Judgment August 16, 2001. Lawyers Involved: Sufia Ahmed for Tofailur Rahman, Advocates—For the Appellant. Habibul Islam Bhuiyan with Faruque Ahmed, Advocates—For ......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......udgment Md. Abdur Rashid J.- This appeal was on 3-12-1990 presented by the defendant No. 1 against judgment and decree dated 4-9-1990 passed by Subordinate Judge at Brahmanbaria in Title Suit No. 35 of 1986. 2. Facts are not disputed. Respondent No. 1 as plaintiff on 21-5-1986 instituted the s..

Category: Property Law | Date: | Hits: 31

Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)

....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ....... The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ondents Judgment August 1, 2010. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 2530 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Court Division in ..

Category: Property Law | Date: | Hits: 27

M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)

....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ....... Ed. This Case is also Reported in: VII ADC (2010) 957. ......e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ...... July 19, 2010. Lawyers Involved: Moinul Hossein, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Appellant. Ex-parte- the Respondents. Civil Appeal No.195 of 2004. (From the judgment and order dated 24.4.2000 passed by the High Court Division in Wri..

Category: Property Law | Date: | Hits: 34