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Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......t Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. ...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......hed on 30.11.1961 (Annexure-F to the writ petition) so far relates to the property detailed in the schedule of the writ petition is illegal and without lawful authority and of no legal effect. 5. The High Court Division in making the Rule absolute observed that the suit land as detailed in th..Category: Property Law | Date: | Hits: 21
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......awyers Involved: Md. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Harunur Rashid, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......a Khatun, Advocate-on-Record-For the Petitioners. Harunur Rashid, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. Civil Petition for Leave to Appeal No. 206 of 2009. (From the Judgment and order d..Category: Property Law | Date: | Hits: 19
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....rived at a correct decision. We, thereÂfore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ...... Obaid Jagirdar and others…………...........Respondents Judgment February 15, 2010. Lawyers Involved: Goutum Roy, Deputy Attorney General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Ci......rived at a correct decision. We, thereÂfore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......mar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others…………...........Respondents Judgment February 15, 2010. Lawyers Involved: Goutum Roy, Deputy Attorney General, instructed by Md. Fero..Category: Property Law | Date: | Hits: 25
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....sponÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......Case is also Reported in: VII ADC (2010) 327. ......nt paid back the said consideration money within 3 (three) months from the date of execution of sale deed then the plaintiff shall be bound to re-convey the suit land and thus Section 95A of the S.A. & T Act, 1950 any conditional sale will be treated as usufructuary mortgage and hence the impugn......te Judge (now Joint District Judge) first court, Kishoregonj who heard the said appeal by judgment and decree dated 18.2.1999 dismissed the appeal and affirmed the decision of the trial court. 5. Being aggrieved thereby the defendant as petitioner moved the High Court Division in Civil Revisi..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ...... Case is also Reported in: VII ADC (2010) 314. ......ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......n the Court of the learned Joint District Judge, 1st Court, Faridpur for a decree of partition in respect of .07 ½ acres of land with a tin shed house and 1/11 share of tin shed house, 29 Bandh and 35 Bandh each and also in respect of 4(four) annas share of a 1200 square feet building pressing into..Category: Property Law | Date: | Hits: 22
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ...... Case is also Reported in: VII ADC (2010) 307. ......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ....... 697 of 2007 dismissing the same. 2. The respondent No.1 as plaintiff filed Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot No.243 and .17 acres in plot No.254 of Mouza Gobindapur, Police Station and District-Jhenaidah and for recovery of possession of .04 ..Category: Property Law | Date: | Hits: 20
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......f 2009) A. J. Mohammad Ali, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner (In both the cases) Awlad Ali, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent Nos. 2-4 (In Civil Petition No. 832 of 2009) Awlad ......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......€¦.......Respondents (In Civil Petition No.832 of 2009) Judgment January 6, 2010. Lawyers Involved: Md. Nazrul Islam and others-For the Respondents (In Civil Petition No. 856 of 2009) A. J. Mohammad Ali, Senior Advocate instructed by Zainul Abedin, Advocate-on-Reco..Category: Property Law | Date: | Hits: 29
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......y be allowed by the Appellate Division and the case be sent on remand for fresh trial for proper adjudication. 9. It appears that the courts below considÂered the evidence of D.W.2 Md. Azizur Rahman, who served the summons on the plaintiffs, who were defendants in Other Suit No.5 of 1988 and......Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 812 of 2009. (Arising out of C.M.P. No. 62 of 2009.) (From the Judgment & order dated 13.1.2009 passed by the Single Bench of the High Court Division in Civil Revision ......ppeal No. 812 of 2009. (Arising out of C.M.P. No. 62 of 2009.) (From the Judgment & order dated 13.1.2009 passed by the Single Bench of the High Court Division in Civil Revision No.458 of 2005) Judgment BK Das J.- This petition for leave to appeal has been filed agai..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......lved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioners. Abdul Quiyum, Senior Advocate, instructÂed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 ......ury, Advocate-on-Record-For the Petitioners. Abdul Quiyum, Senior Advocate, instructÂed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 Civil Petition for Leave to Appeal No. 1447 of 2009. (From the judgment and ......ocate-on-Record-For the Petitioners. Abdul Quiyum, Senior Advocate, instructÂed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 Civil Petition for Leave to Appeal No. 1447 of 2009. (From the judgment and order da..Category: Property Law | Date: | Hits: 28
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ...... also Reported in: VII ADC (2010) 288. ......of the plainÂtiffs is not maintainable inasmuch as there was no cause of action to institute the suit; that the suit is barred by limitation and bad for defect of parties; that the defendants case is that the suit land originally belonged to Bilat Ali Mondal, who transÂferred the......ers. Abul Kashem, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-20. Civil Petition for Leave to Appeal No.2141 of 2009. (From the judgment and order dated 5.8.2009 passed by the High Court Division in Civil Revision No. 1776 of 2000) Judgment BK Da..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......Case is also Reported in: VII ADC (2010) 285. ......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......Islam, Senior Advocate, Mr. N. K. Saha, Senior Advocate instructÂed by Md. Nawab Ali Advocate-on-Record-For the Petitioners. Not Represented- the Respondents. Civil Review Petition No.15 of 2009. (From the judgment and order dated 6.11.2008 passed by the Appellate Division in C..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......h Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......te, instructed by Md. Abu Siddique, Advocate-On-Record–For the Petitioner. (In both the petitions) Not Represented- the Respondents. (In both the petiÂtions) Civil Review Petition Nos. 4 and 5 of 2009. (From the judgment and order dated 29.07.2008 passed by this Appellate Division in Ci..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......aji and others Vs. Eakub Ali Munshi and others 12 DLR 708 and Munshi Dudhu Mia and others Vs Rahimuddin and others 16 DLR 56. Lawyers Involved: Mahbubey Alam, Senior Advocate with M. K. Rahman, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......)162; Abdul Wadud and others vs. Abdul Wahed and others,14 MLR(AD)106;Ahmed Miaji and others Vs. Eakub Ali Munshi and others 12 DLR 708 and Munshi Dudhu Mia and others Vs Rahimuddin and others 16 DLR 56. Lawyers Involved: Mahbubey Alam, Senior Advocate with M. K. Rahman, Advocate, inst..Category: Property Law | Date: | Hits: 20
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......ructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Appellants (In Civil Appeal No.9 of 2005). TH Khan, Senior Advocate and AJ Mohammad Ali, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— R......plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ...... Vs. Shihamul Haque and others………….Respondents Judgment June 30, 2009. Cases Referred To- Chitta Ranjan Sutar vs Secretary, Judicial Department 17 DLR 451; Abdul Majid Bepari vs Kashem Ali Maloo 27 DLR 1; Shanmughasundaram Filial vs Parvathi Ammal AIR ..Category: Property Law | Date: | Hits: 29
....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......ocate-on-Record-For the Appellant.
Mrs. Rabia Bhyiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1.
Not Represented- For Respondents Nos. 2 & 3.
Civil Appeal No. 87 of 2002.
(From the judgment and order dated 27.7.1999 pas......the ground floor and 6 rooms in the 1st floor of Ahasanullah (Nawabbari) Super Market, Ahasan Manzil, Dhaka by the respondents. According to the appellant there were 300 shop rooms in C.S. Plot Nos.725-726 at the premises of Ahasan Manzil, Ahasanullah Road, Dhaka. The appellant and others shop owner..
Category: Property Law | Date: | Hits: 29
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......subsequently Nabin Chandra also died leaving him behind four sons namely, Monindra Chandra, Rashik Chandra, Tejendra Lai and Fanindra Lai. Tejendra Lai transferred .081/2 acres of land to one Habibur Rahman by a registered deed dated 22nd April, 1964. Fanindra Lai transferred his .081/2 acres of lan......tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......dul Matin J ABM Khairul Haque J SK Sinha J Mohammad Mujibul Hoque ......Petitioner Vs. Shamsul Alam and others……..Respondents Judgment January 5, 2010. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul..Category: Property Law | Date: | Hits: 21
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ...... Fazlul Karim, Senior Advocate with N. K. Saha, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record-For the Appellants. Harendra Nath Nandi, Advocate, instructed by Syed Mahbubur Rahman, Advocate On-Record-For the Respondents. Civil Appeal No. 106 of 2006. (From ......July 22, 2009. Cases Referred To- Hunooman Persaud Vs. Mst. Babooee, 1856-6-MIA 393; Kishore Joo Vs. Guman Behari Joo Deo AIR 1978 All 1; Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors, 51 DLR (AD) 156; Bishnath and another Vs. Thakur Radha Ballabhji and others, AIR 1967 (S.......¦â€¦.Appellants Vs. Sree Sree Gopal Bigraha and another……….Respondents Judgment July 22, 2009. Cases Referred To- Hunooman Persaud Vs. Mst. Babooee, 1856-6-MIA 393; Kishore Joo Vs. Guman Behari Joo Deo AIR 1978 All 1; Pradip Kumar Chakraborty Vs. Jami..Category: Property Law | Date: | Hits: 29
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordÂingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......mber 8, 2009. Lawyers Involved: Dr. A. K. Ali, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Nazrul Islam Talukder, Advocate instructed by Firuzur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 467 of......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordÂingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ...... fishery in favour of the petitioner after due considÂeration of the petitioner's application for lease as per the report of the respondent No. 3 dated 01.01.2008 and Fishery Management Nitimala, 2005. 3. The Case of the writ petitioner, in short, is that there are 2 systems available in res..Category: Property Law | Date: | Hits: 26
....ion committed no illegality in dismissÂing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......C) (2010) 186.
......ion committed no illegality in dismissÂing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......was then allotted to the father/husband of the plaintiffs, Sona Miah, a Police Habilder serving under the Government of Bangladesh, by allotment letter dated 03.02.1973 and handed over possession on 05.02.1973. The said allottee Sona Miah paid rent for suit property firstly 11/2 and then 5% of his s..
Category: Property Law | Date: | Hits: 23
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejectÂing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court rejectÂing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court rejectÂing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......ation for setting aside the order dated 11.03.2007 dismissing the miscellaÂneous case. 2. The facts, in short, are that the responÂdents herein as plaintiffs instituted S.C.C Suit No.9 of 2005 in the Court of learned Senior Assistant Judge, Sadar, Sylhet impleading the petitioner herein as ..Category: Property Law | Date: | Hits: 29
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