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Bangladesh and oth­ers Vs. Jahangir Alam and others, 1998, 27 CLC (AD)

....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ...... Ed. This Case is also Reported in: II ADC (2005) 318. ......sion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh and oth­ers...........Appellants Vs. Jahangir Alam and others..............Respondents ...... No. 71 of 1997). Judgment Mohammad Abdur Rouf J.- This appeal, by the defendant Government of Bangladesh and its 4 officials, following leave, is from the judgment and order dated 26.5.97 passed by a Division Bench of the High Court Division dis­posing of P.M.A. No. 71 of 1997 ..

Category: Property Law | Date: | Hits: 34

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... Ed. This Case is also Reported in: II ADC (2005) 286. ......amal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment November 5, 1997. Cases Ref......u Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment November 5, 1997. Cases Referred to- Jagannath Prosad Singh Chowdhury vs. Surajmul Jalal AIR 1..

Category: Property Law | Date: | Hits: 28

Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)

....High Court Division is modified to the extent that the com­promise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......pon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......d Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Appellant (In all the appeals) Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, repre­sented by its Secretary and others……………… Respondent-......sain, Advocate-on-Record for M.R. Khan, Advocate on Record-For the Appellant(In all the appeals). Not Represented - Respondent Nos. 1, 2 & 3 (In all the appeals) Civil Appeal Nos. 57, 58, 59 & 60 of 1990 (From the Judgment and Order dated 29-10-1987 passed by the High..

Category: Property Law | Date: | Hits: 32

Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)

.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......pondents Judgment July 22, 1998. Lawyers Involved: Mansur Habib, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record - For the petitioner Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For Respondent No. 1 ......ourt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Falguni Majumder ………………...Appellant Vs. Mokbul Hossain Biswa......rder dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From the Judgment and Order dated 6-8-92 passed by the High Court Division in Civil Revision No. 405 of 1998 (Dhaka) /Civil Revision No. 242 of 1998 (Rangpur). Judgment Mohammad Abdur..

Category: Property Law | Date: | Hits: 30

Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)

....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......upreme Court Appellate Division (Civil) Present: ATM Afazal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. ......e-on-Record–For the Respondent Nos. 1 & 3. Not Represented - Respondent Nos. 2 and 4-7. Civil Appeal No. 8 of 1996. (From the Judgment and Order dated November 21, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 2889 of 1995). Judgment ..

Category: Property Law | Date: | Hits: 27

Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)

.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ......dinate Judge, Bagerhat in Title Appeal No. 170 of 1991 affirming those of dated 21.5.1991 passed by the learned Additional Assistant Judge, Court No. 2 Bagerhat in Title Suit No. 280 of 1991 dismiss­ing the suit. 2. The present respondent No. 1 as plaintiff filed Title Suit No. 501 of ......ent No.1. Not represented - Respondent Nos. 2-8. Civil Appeal No. 14 of 1998 (From Judgment and Order dated 11.8.1997 passed by the High Court Division in Civil Revision No. 765 of 1994) Judgment Md. Fazlul Hauqe J.- This appeal has arisen out of a leave grantin..

Category: Property Law | Date: | Hits: 37

Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ......misc. plots. This is a simple case of wrong payment to the following persons. They are directed to refund the money immediately failing which the money will be recovered under P.D.R. Act.'  6. Two days thereafter on 28 February 1980 the Additional Land Acquisition Officer......din Ahmed, Deputy Attorney General (Md. Sajjadul Huq, Assistant Attorney-General with him) instructed by Md. Sharifuddin Chaklader, Advocate-on-Record - For the Respondent. Civil Appeal No. 51 and 52 of 1997. (From the Judgment and Order dated 14 August, 1996 passed by the High Cou..

Category: Property Law | Date: | Hits: 28

Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)

....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......il) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J KM Hasan J Bushra Complex Ltd....Appellant (In Civil Appeal No. 256 of 2001) Mr. Bazlur Rahman ...........Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatu......907/l(3) dated 1.12.1997 issued by respondent No. 1 making the allotment of the said plot to the appellant in C.A.No. 257 of 2001 Bazlur Rahman and deed of lease dated 10-3-98 between respondent gov­ernment and the present appellant Bazlur Rahman. 3. In C.A. No. 256 of 2001Bushra Comp......Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J KM Hasan J Bushra Complex Ltd....Appellant (In Civil Appeal No. 256 of 2001) Mr. Bazlur Rahman ...........Appellant (In Civil Appeal No. 257 of 2001) ..

Category: Property Law | Date: | Hits: 30

Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)

....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in:II ADC (2005) 48. ......From the Judgment and Order dated February 27, 2001 passed by the Appellate Division in Civil Petition for leave to appeal No. 521 of 1996.) Judgment Md. Ruhul Amin J.- The Review petition is by the Government against the judgment and order dated February 27, 2001 in Civil Petition for Le......Ministry of Works and Urban Development, Secreteriat Building, Dhaka…………………..Petitioner Vs. Alhaj Shamsul Haque and Others…………………..Respondents Judgment March 15, 2003. Result: The review petition is dis­missed. Lawyers Involved: A. J. Md. Ali, Ad..

Category: Property Law | Date: | Hits: 29

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ...... This Case is also Reported in: II ADC (2005) 30. ......l) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. ......……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. Cases Referred to- Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 1922 PC ..

Category: Property Law | Date: | Hits: 56

Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)

....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ...... 1987). Judgment Mahmudul Amin Choudhury CJ.- This appeal by leave is against judgment and order dated 13.7.1992 passed by the High Court Division in Writ Petition No. 499 of 1987 mak­ing the Rule absolute. 2. The short fact leading to this petition is that respondent Ms......ttlement stat­ing, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Government by Ghalib Hossain for 99 years by a lease deed dated 15.2.1968 wherein the lessee constructed a structure and mutated his name in the Government Sheresth..

Category: Property Law | Date: | Hits: 37

Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)

....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......tated that they delivered possession of the suit land to the plaintiff and his house is situated 300 feet off from the suit land and proved that the plaintiff possesses the suit land. P.W.4 Shaifur Rahman proved that the barga kabuliat Ext. 5 was executed by Jonab Ali in favour of the plaintiff a......Case is also Reported in: II ADC (2005) 16. ......gistered kabala on 03.02.1941 vide Exb.2; Later on said Rajkumar Bhattacherjee and his three other brothers settled the said 30 decimals of land for agricultural purpose to Ahmed Brpari in Poush 1357 B.S and delivered posses­sion of the same to him; Ahmed Bepari since was in possession from ..

Category: Property Law | Date: | Hits: 31

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

....urt Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......ivision and the Rule was made absolute causing great miscar­riage of justice. The impugned judg­ment and order have been obtained upon practicing fraud on the court. Dr. Rafiqur Rahman, learned counsel for the petitioner Bank, sub­mits that after the transfer by sale of......pondent Nos. 1, 6-11. (In Civil Appeal No. 97 of 1997) Ataul Huq, Advocate-on-Record - For Respondent No. 14 (In Civil Appeal No. 97 of 1997) Not Represented - Respondent Nos. 12, 13 & 15 (In Civil Appeal No. 97 of 1997). Khondker Mahbubuddin Ahmed, Senior Advocate, K.S....... Dhaka......... ..Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara Salauddin and another.....................Respondent (In both the appeals) Judgment April 5, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Mrs. Sufia K..

Category: Property Law | Date: | Hits: 35

Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and oth­ers, 2008, 37 CLC (AD)

....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Zahur Ali Sk. and another……………………Petitioners (In Civil Petition No.715 of 2007) Mafez Sk. alias Mafez SK and others………Petitioners (In Civil Petition No.716 of 2..

Category: Property Law | Date: | Hits: 37

M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......l for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......an, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos. 1-3. Not rep­resented- Respondent Nos. 4-14. Civil Petition for Leave to Appeal No.1751 of 2007. (From the judgment and decree dated the 6th day of September, 2007 passed by the..

Category: Property Law | Date: | Hits: 42

Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)

....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......tin J Tafazzal Ahmed.................. Petitioner Vs. Badiul Alam and others....... Respondent Judgment July 27, 2007. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent Civil ...... Involved: Md. Mazibar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent Civil Petition for Leave to Appeal No. 498 of 2004. Judgment               Md. Joynul Abedin J.-......27.2.2007 passed by a Single Bench of the High Court Division in Civil Revision No. 4266 of 2004 disposing the rule. 2. The short fact is that the plaintiff-petitioner filed Other Suit No.145 of 1999 for Specific Performance of Contract alleging that Mir Ahmed executed a Bainapatra on 19...

Category: Property Law | Date: | Hits: 36

Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and oth­ers, 1999, 28 CLC (AD)

....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......sed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......ry J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Md. Shafiuddin Miah and another.......................Appellants Vs. Rajdhani Unnayan Kartripakhya and oth­ers............Respondents Judgment July 27, 1999. Lawyers Involved: ......pute regarding "(pos­sessor right)" of the land described in the plan then the plan will be deemed to have been can­celled under Section 9 of the Building Construction Act. 5. The learned Judge of the High Court Division held that since a suit is pending between responde..

Category: Property Law | Date: | Hits: 35

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......pt in the said iron safe. His further case was that the instant application for succession certificate has not been filed by the appellant but same has been filed by his alleged attorney Mr. Lutfor Rahman Sarder fraudulently and for grabbing the property and as such the application was liable to......4) 528. ......by leave has arisen from the impugned judgment and order dated 18.2.1999 passed by a Division Bench of High Court Division in First Appeal No. 19 of 1998 setting aside the judgment and order dated 5.1.1998 passed by the Subordinate Judge and District Delegate in Miscellaneous Case No. 121 of 199..

Category: Property Law | Date: | Hits: 39

Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)

....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......also Reported in: 1 ADC (2004) 513. ......nbsp;         Md. Tafazzul Islam J.- This appeal by leave arises out of the leave petition granted by this Court in Civil Petition for leave to Appeal No. 1315 of 1999 against the judgment and order dated 20.7.1999 passed by a Single Bench of the High Court..

Category: Property Law | Date: | Hits: 33

Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)

....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ...... Kanai Lal Roy..........................Appellant Vs. Swaraswati Roy and ors..................Respondents Order August 17, 2002. Lawyers Involved: M. K. Rahman, Advocate, instructed by Chowdhury. Md. Zahangir, Advocate-on-Record-For the Appellants. ...... Civil Appeal No. 151 of 2000 (From Judgment and order dated o4. 11. 1999 passed by the Court Division in Appeal from Original Decree (F.A.) probate No. 246 of 1999) Order          Abu Sayeed Ahammed J.- This Appeal is at the insta......e Appellants. Abdul Baset Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-4 Civil Appeal No. 151 of 2000 (From Judgment and order dated o4. 11. 1999 passed by the Court Division in Appea..

Category: Property Law | Date: | Hits: 74