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Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....Division Bench held that the question of encroachment arises only in circumstances when someone is in lawful possession of a particular premises but makes an unlawful extension thereof on municipal property. It was held therefore that the impugned notices were not attracted by section 143 of the......ute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Petitions). Writ Petition No. 442 of ..Category: Property Law | Date: | Hits: 145
....reeing the suit in favour of the plaintiff.
2. Respondent No.1 being plaintiff instituted the aforesaid Title Suit for declaration of title and also for a declaration that the treating of the suit property as vested and non-resident property is illegal and without jurisdiction. It is the case of ......sion
(Civil Appellate Jurisdiction)
Present:
Mozammel Hoque J
Abdul Karim J
Additional Deputy Commissioner (Revenue) Dhaka………………Appellant
Vs.
Md. Mostafa Ali Mridha and others…………………Respondents
Judgment
July 22, 1993.
Result:
The appeal is..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... in Order 47, rule 1 and that therefore the Court was not incompetent to reconsider the matter after the Judgment if it so desired.” 7. The aforesaid observation was made in a case where certain property situated in Calcutta City was compulsorily acquired. The said, property was leased out to t......solute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..Category: Civil Law | Date: | Hits: 157
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
.... Court of Assistant Judge) for returning the plaint of the suit along with vokalatnama for presentation to the proper Court i.e. in the Court of 3rd Assistant Judge, Dhaka on the ground that the suit property was situated within the territorial jurisdiction of the latter Court. On 25.8.93, according...... 173. ..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....stator donor, or of any relation by consanguinity within three degrees of the testator of donor." Transfer in question was made on 31.1.80. Opposite party 1 had validly and legally transferred the property in question by way of gift by Ext. A to her husband opposite party 2 on 7.4.80. It was endo......n: 48 DLR (HCD) (1996) 170. ..Category: Property Law | Date: | Hits: 127
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....the Respondents 1-3. First Miscellaneous Appeal No.137 of 2010 with Civil Rule No.421 (fm) of 2010. Judgment Nozrul Islam Chowdhury J.- This appeal has a chequered story to tell. The property involved in the suit being Other Class Suit No.3 of 2010 was mortgaged by Capital Ship Brea...... 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usma..Category: Civil Law | Date: | Hits: 235
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
....onestly created a bainapatra allegedly executed by complaint's father Al-haj Abdul Latif on 5.1.73 in favour of accused Sona Mia by forging the signatures of Abdul Latif and with a view to grab the property of Abdul Latif used the said bainapatra as Ext.A in Title Suit No.482 of 1984 instituted by....... Barua, Advocate - For the State. Criminal Revision Case No. 194 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and complainant opposite party No.1 Md. Zakaria to show cause why the proceedings in petition Case N..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....e according to the plaintiffs defendant No.1 entered into the alleged oral contract in the middle of June, 1973 which means that the defendant No.1 as a partner of the partnership firm dealt with the property of the firm as his own. In AIR 1966 SC 1300 the question was whether one partner could deal...... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar..Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....a. The case of the plaintiff opposite party No.1, in short, is that the principal defendant Nos. 1 and 2 on 6-3-80 entered into a written agreement with the plaintiff for out and out sale of the suit property to the plaintiff for a consideration of Taka 30,00,001.00. Subsequently, the consideration ......his Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....n in the case of Benzir Ahmed Vs. Debendra Chandra Saha and others, reported in 4 BLT 150, wherein the Appellate Division held in para 3 that in a suit for declaration of title mere possession of the property is not sufficient unless the plaintiff can produce a document of title showing his acquisit...... is also Reported in: 51 DLR (HCD) (1999) 435. ..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....d to have been made without any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of ......Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J MA Aziz J Nurjahan Begum……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoai..Category: Property Law | Date: | Hits: 156
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....ed ex-parte. The learned Advocate for the opposite party contends that he has been in possession of the suit premises as a tenant under the Government as the same was declared vested and non-resident property. He further contends that he did not get any opportunity in filling written statement in Ti......— For the Opposite Party. Civil Revision No.1386 of 1998. Judgment Md. Ali Asgar Khan J.- This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 27-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing..Category: Procedural Law | Date: | Hits: 131
....e deceased) which is a residential house in Dhanmondi residential area (Road 15A) in the city of Dhaka, belonged to defendant No.1 Md. Yousuf, who, being in urgent need of money, proposed to sell the property to the plaintiff for a sum of Taka 12,00,000.00 and accordingly, an agreement was executed ......
High Court Division
(Civil)
Present:
Md. Abdul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is d..
Category: Property Law | Date: | Hits: 120
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....o.7 dated 24.6.84 in S.M.L. Case No.160 of 1984 and he was sentenced to suffer R.I. for 7 years and to pay a fine of Tk. 9 lakhs, in default, to suffer R.I. for 1 year 9 months and 75% of immovable property standing in his name or in the name of members of his family or benami of others were forfe......Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, Upazilla Debhata, District Satkhira shall not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad should not be decl..Category: Election Law | Date: | Hits: 220
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....n was only a co-sharer in the disputed land, the lower appellate Court illegally decreed the suit as a whole. The learned Advocate for the petitioners further submitted that the land being ejmali property and other co-sharers being in possession jointly with the plaintiff-opposite party the decr......ners Vs. Abdul Alim……………………………..................Opposite Party Judgment December 12, 1988. Result: The Rule is discharged Cases Referred to- Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 ..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....on of imminent death. Taking advantage of his ailments, his third wife i.e. defendant No.1 Mst. Monowara Begum, by exercising undue influence, obtained a collusive Hebanama in respect of the schedule property from her husband Abdur Rahman Sikder. The said hebanama was executed on 1.11.67 and registe......…Appellant Vs. Monowara Begum (Mst.)........................Respondent Judgment March 28, 1989. Result: The appeal is dismissed Cases Referred to- Miaruddin Bhuiyah alias Chand Mia Vs. Saleh Meher Bibi and others 11 DLR 445; Shamshad Ali Shah and others Vs. Syed Hassan Sha..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....ikder that accused Hafizuddin is a BA. Ed. and a teacher of Amtoly High School and accused Kafiluddin is a BSc and also a school teacher. It is in evidence, that the deceased partitioned his entire property amongst his four sons about 4 years ago and he had no other property left with him and he w...... Tariq, Advocate-For the Appellant. S.B. Barua, Advocate — For the State. Criminal Appeal No. 447 of 1986. Judgment Daliluddin Ahmed J.- This appeal is directed against the judgment and order dated 15.7.86 passed by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convic..Category: Criminal Law | Date: | Hits: 92
.... by opposite party No.1 seeking a declaration that the orders dated 28.7.78 and 12.4.82 passed by defendants 1 and 3 treating the land in suit as described in the schedule of the plaint as vested property were illegal, without jurisdiction and not binding upon him.
2. The case of the plaintif.....................Opposite Parties
Judgment
August 8, 1989.
Result:
The Rule is made absolute.
Cases Referred to-
Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and ors. 27 DLR (AD) 143.
Lawyers Involved:
S.R. Pal with Pa..
Category: Administrative Law | Date: | Hits: 488
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....s Case No.105 of 1981 for being added as a co-petitioner in the miscellaneous case on the averments, inter alia, that on 17.3.81 the plaintiff-opposite party Nos.1 and 2 transferred the entire suit property to the opposite party No.3 by a registered deed of gift delivering possession thereof and...... Vs. A. Wadud Khan & others…………………………..Opposite Parties Judgment August 6, 1989. Result: The Rule is made absolute. Case Referred to- Abdur Rahman Miji and another Vs. Abdul Wadud Mia and another, 2 PLR 287. Lawyers Involved: A. Wadud Khan & ..Category: Procedural Law | Date: | Hits: 107
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....If for any reason the heirs of a deceased cannot be substituted within time, Court may allow the heirs of the deceased to be added as parties in the suit in order to protect their right in the suit property in the interest of justice. In the present case the widow and minor children of deceased ......posite Parties Judgment March 8, 1989. Result: The rule is made absolute. Cases Referred to- Rahim Baksha Gazi & ors. Vs. Enbar Gazi & ors, 22 DLR 500; Mohomedally Tyebally and others vs. Safiabai and others. Lawyers Involved: Hasan Foez Siddique, Advocate - For the ..Category: Property Law | Date: | Hits: 98
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