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Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....ion Bench of the High Court Division in Writ Petition No.8990 of 2008 making the rule nisi absolute. 2. Respondent No.1 instituted the above writ petition stating that he along with some other owners of vehicles formed "Faridpur District Minibus Owners Samity" in 1982. The Samity was affiliat......CJ Md. Abdul Matin J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent ......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ..Category: Constitutional Law | Date: | Hits: 107
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....sferred .20 decimals of land to defendant Nizamuddin and the rest .30 decimals of land to Kazemuddin, the predecessor-in-interest of the plaintiffs. While the said predÂecessor of the plaintiffs was owner in posÂsession of 4.95 acres of land and defendant No. 48 Nizamuddin was in possession of .20......010) 295. ......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. ..Category: Property Law | Date: | Hits: 35
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....ties. It further appears that the defendant though raised a plea of maintainability of partition suit for non-impleading of concerned co-sharers and for not bringing the entire properties of deceased owner Haji Bilat Ali Mondal in the hotchpotch of the suit but utterly failed to bring to record as t......ent here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Sher Mohammad being dead his heir Most Tara Bibi and others..........Petitioners Vs. Md. Munsur Ali and others ........................Responde......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. ..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....e defendants who threatened to dispossess the plaintiff and accordingly instituted the suit. 4. The defendant contested the suit by filÂing a written statement contending that Korban Ali, the owner of the suit land took loan from Karam Ali Sheikh and for nonÂpayment or said loan Karam Ali S......n (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Hamid Matubbar and others....................Petitioners Vs. Majibar Matubbar and others.........Resp......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. ..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....arimuddin Bepari inherÂited .18¾ acres of land. The Pre-emptee-petitioner, thereafter, purchased .02¾% acres from his sister Zinnatunnessa. The Pre-emptee-petitioner in the above stated way became owner and possessor in respect of .21215 acres of land. The Pre-emptee-Petitioner sold out .17 acres......ahman J BK Das J Md. Muzammel Hossain J Abdul Gafur.....................Petitioner (In both the petitions) Vs. Pre-emptor No.1-Md. Nuru Miah being dead his heirs: Md. Muklesur Rahman and others...........Respondents (In both the petiÂtions) Order August 23, 2009. Lawyers......Bepari inherÂited .18¾ acres of land. The Pre-emptee-petitioner, thereafter, purchased .02¾% acres from his sister Zinnatunnessa. The Pre-emptee-petitioner in the above stated way became owner and possessor in respect of .21215 acres of land. The Pre-emptee-Petitioner sold out .17 acres of proper..Category: Property Law | Date: | Hits: 27
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....at the above orders passed by the Additional Divisional Commissioner, Dhaka and the Board of Land Administration are without any lawful authorÂity with the observation that the question of title and ownership and validity of the deeds in question could be gone into and decided only by a civil court....... ......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. ..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....of Mobarak Mondal and Ebad Mondal also filed a joint written statement praying for separate saham by way of inheritance denying the claim of the defendant Nos. 1-8 and 12. Their case is that they are owners of the lands in CS khatian No. 77 by way of settlement from the landÂlord and have possessed....... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..Category: Tenancy Law | Date: | Hits: 174
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....urÂchased .80 acres of land from Tepri Bibi and .80 acres of land from Baher and Meher by deeds dated 5th June, 1983 and 9th June, 1983, respectively. In this way the defendant No.1 is the exclusive owner by way of inheritance and purchase. The R. S. Khatian having been wrongly preÂpared in the na......Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Md. Sona Ullah being dead his legal heirs: Md. Akbar Ali and others…………………Petitioners Vs. Most. Morium Bewa and others………â€......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..Category: Property Law | Date: | Hits: 18
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....contrary to law in failing to appreciate the law of estoppel of tenants as laid down in sections 115 and 116 of the Evidence Act under which monthly tenants are estopped from denying the title of the owner without surrenderÂing the premises and the plaintiff-respondents admittedly not having surren......Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..Category: Tenancy Law | Date: | Hits: 185
....for the petitioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
8. It appears that the respondent bank already became the owner of all the mortÂgaged property mentioned in the writ petition after getting a certificate fro......
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Dr. S. M. Eunus Ali, Free Friday Clinic …………..Petitioner
Vs.
Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another……………….Respondents
Judg......sion committed no illegaliÂty in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
..
Category: Others | Date: | Hits: 84
....al agency, and includes clerical department of a factory or of any industrial or commercial underÂtaking, the office establishment of a person who for the purpose of fulfillÂing a contract with the owner of any commercial establishment or industriÂal establishment employs workers, a unit of a joi......llate 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
Bangladesh Water Development and others.........Appellants
Vs.
The Chairman, Divisional Labour Court, Khulna and another…......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...
Category: Labour and Industrial Law | Date: | Hits: 110
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....d in chak No. 33 of Thak No. 3906 of Mouza Sandishail. The said schedule land was owned by Md. Kalim and possessed by Reza Mohammad and Md. Nazeem. By amicable partition Reza Mohammad became absolute owner in possession of land of Chak No.33 and after him, his successor-in-interest i.e. the plaintif......Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers Involved: Khondker M......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ..Category: Property Law | Date: | Hits: 33
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....fied with the appellant's presence in the house and the relevant documents. The process server of the settlement court came to the aforesaid building on October, 1996 and asked the appellant about to ownership of the building who in reply said that he is the owner of the building. From that date app......arim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mohammad Shahid Ullah ............Appellant Vs. Chairman, First Court of Settlement, Dhaka and others ........Respondents Judgment February 27, 2008. Lawyers Involved: Mahbubey A......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed withÂout any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..Category: Property Law | Date: | Hits: 37
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
.... said house 01 17.06.1974 and on that date the father orally gifted the house to the respondent in presence of witnesses. Since then the respondent with her husband was living therein as the rightful owner. After her marriage the respondent's father, Manzur Ahmed, left for Pakistan to visit his rela......in CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involv......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..Category: Property Law | Date: | Hits: 31
....that the above orders passed by the Additional Divisional Commissioner, Dhaka and the Board of Land Administration are without any lawful authority with the observation that the question of title and ownership and validity of the deeds in question could be gone into and decided only by a civil court......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
..
Category: Property Law | Date: | Hits: 43
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....he land was recorded in the name of Nazmen Nur Begum, respondent No.7 and his 3 other full brothers and 4 sisters. That the responÂdent No.7, his mother and 7 full brothers and sisters are the legal owners of land in question in C.S. Plot Nos. 65, 94 and part of 95 and have been possessing the afor...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 2009. Lawyers Involved: ......dra Nath Bose erected some sheds and kutchha rooms in the case plot No.65 and other lands and let out the same. In the eastern side of the case plot No.65 there was a walk way and one Mamnoor Rashid, possessor of C.S. plot Nos.94 and 95 prayed for renting the rooms of the Managing Sebayet Ranendra N..Category: Tenancy Law | Date: | Hits: 214
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....;ly with Title Suit No. 103 of 1996 decreeing the suit. 2. The facts of the cases, in short, are that Babu Shailendra Kumar Purkayestha and Nogendra Kumar Purkayestha were mirasdars and owners of the suit land and the plaintiff took jote settlement of the suit land from them before th...... Shah Abu Nayeem Mominur Rahman J Rada Rani Nath………………………Petitioner (In Civil Petition No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Du......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ning the said defendants from interfering with the peaceful possession of the plaintiffs of the suit land. 4. The facts relevant are that the plaintiffs' father Nosibullah was the admitted owner of the suit land and said Nosibullah died leaving behind one son (plaintiff No.1), one daught......eem Mominur Rahman J Azam Khan……………………………………….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 2009. Lawyers Invol......nterest in the suit land and started living at village Sridharpur, about 5 miles away from the suit land, and thus the plaintiffs have been exclusively possessing the suit land, as owners and possessors, and enjoying usufructs therefrom paying rents and taxes regularly to the Governmen..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....ia, that the suit for partition is not maintainable and it is bad for defect of parties and for not bringing the joint property into hotchpotch of the suit. Their case is that Torab Ali, the original owner of the suit land, had some other lands besides the suit land. Torab Ali married two wives and ...... Reported in:62 DLR (AD) (2010) 239. ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....1996 of Subordinate Judge,1st Court, Kishoregonj decreeing the Partition Suit No. 51 of 1990 in preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Settlement Khatian No.2352. He remaining as the owner in pos......(AD) (2009) 303. ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ..Category: Property Law | Date: | Hits: 99
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