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Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)

....e is also Reported in: 57 DLR (2005) 237.           ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ......Reported in: 57 DLR (2005) 237.           ...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 2

Secretary, Ministry of Works, Government of Bangladesh Vs. Mrs. Momtaz Begum & another, 2004, 33 CLC (AD)

....e in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ......n view of the discussions made above we do not find any substance in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ......n view of the discussions made above we do not find any substance in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ......n view of the discussions made above we do not find any substance in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 82

Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)

..... Ed. This Case is also Reported in: 57 DLR (2005) 260.       ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260.       ......efendant No.12. 19. In cross-examination, he said that his house was at 'Haragachha'. He worked sometimes as 'Mohorar’ in the Rangpur Registry Office. 20. D.W.3, Md. Wazed Ali deposed that he knew the plaintiffs and the defendants. He got a shop at 'Haripatti'. Th......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260.       ..

Category: Property Law | Date: 17 Aug, 2004 | Hits: 2

Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)

....LR (2005) 702.         ......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702.         ......(AD) 147; Abdus Sattar Vs. Abdul Rahman and others, 44 DLR (AD) 100; Radhamoni Debi Vs. Collector and others, 27 Indian Appeals 136; Secretary of State Vs. Debendra Lal, 1934 (Privy Council) 23; Ejas Ali Qidwai and others Vs. Special Manager, Court of Wards; Balrampur Estate and others 1935, (Privy ......aw are subject to limitation…………(26) Constructive possession is not equal possession…………..(29) Cases Referred to- Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 44 DLR (AD) 147; Abdus Sattar Vs. Abdul R..

Category: Property Law | Date: 27 Jul, 2004 | Hits: 2

Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)

..... Ed. This Case is also Reported in: 57 DLR (2005) 774.       ......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774.       ...... scribe was and who the witnesses to said deeds were. He, however, said that the land was never mutated in the names of Golap Banu and her husband or they have paid any rent. 20. D.W.2 Md. Jamir Ali testified that the suit land was originally owned by a Hindu woman. He could not say how long sh......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774.       ..

Category: Property Law | Date: 17 Jul, 2004 | Hits: 4

Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and oth­ers, 2004, 33 CLC (AD)

....ees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......o cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515...

Category: Property Law | Date: 28 Jun, 2004 | Hits: 43

Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)

....any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......attached to the earth and, in other words, compensation is to be assessed both for the movable and immovable properties……..(5)  Lawyers Involved:  A J Mohammad Ali, Additional Attorney‑General, instructed by B. Hossain, Advocate on‑Record‑Fo......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: 25 May, 2004 | Hits: 121

Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)

....pose of the same expeditiously.  There is no order as to costs.  Ed. ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously.  There is no order as to costs.  Ed. ....... ......allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously.  There is no order as to costs.  Ed. ..

Category: Property Law | Date: 27 Apr, 2004 | Hits: 102

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....ions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ...... and others……………...............Respondents (In C.A.No.85 of 1999) Judgment April 25, 2004 Cases Referred To- Jadav Chandra Mali Vs. Abdul Khaleque and others, 27 DLR (AD) 114; Md. Jabed Ali and others Vs. Rakhal Chandra Mondal and others, 33 DLR (AD) 309; Fatema Bibi Vs. Sree Manik Lal......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)

....rom the defendant and his son‑in‑law and the notice of the revocation was published in Daily Ittefaq on 5‑6‑1982. Because of revocation of the power of attorney the defendant (Md. Nurul Huq) instituted Title Suit No. 82 of 1982 for declaring him to be the still lawful and val......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert.  Ed. ......r Advocate, (MI Farooqui, Advocate with him), instructed by Mr. MG Bhuiyan, Advocate‑on‑Record‑For the Appellant. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md Nowab Ali, Advocate‑on‑Record‑For the Respondents.  Civil Appeal No. 150 of ......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert.  Ed. ..

Category: Property Law | Date: 5 Apr, 2004 | Hits: 103

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....ch, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......mmissioner is not an evidence but if the commissioner deposes on oath before the court in respect of the commission report then the same is evidence.  Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioner. Md. Nurul Amin, Advocate instru......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR (AD) 205; Naimuddin Sardar Vs. Md. Abdul Kalam, 41 DLR (AD) 3; Jasimuddin Kanchan Vs. Ali Ashraf, 42 DLR (AD) 289; Mazharul Borhan...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......122; Nefar Chandra Pal Chowdhury Vs. Shukkur Sheikh, AIR 1918 P.C 92; Ramchandra Vs. Ray Lingam, AIR 1963 SC 302; Fokaruddin Mia and another Vs. Mohammad Khoda Baksu Sheikh, 29 DLR (SC) 268; Akrab Ali Vs. Zaihiruddin, 30 DLR (SC) 81; Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 37 DLR ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)

.... of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ......Ltd & Ors...Respondents  Judgment        January 18th, 2004   Lawyers Involved:  Dr Kamal Hossain, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Petitioner.  Khondker Mahbubuddin Ahmed, Senior Advocate......mode of allotment of the plot in question.  12. In view of the discussions made herein over we find no substance in the petition.  Accordingly, the petition is dismissed.   Ed. ..

Category: Property Law | Date: 18 Jan, 2004 | Hits: 86

Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)

.... the impugned judgment and order. The petition is dismissed. Ed. ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......abandoned building, had legally been done and the High Court Division send the case back on remand rightly for deciding this issue on merit.  Lawyers Involved:  AJ Mohammad Ali Additional Attorney‑General, instructed by Md. Ahsan Ullah Patwary, Advocate‑on-Rec...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..

Category: Property Law | Date: 7 Dec, 2003 | Hits: 139

Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)

....ismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel.  Ed. ..

Category: Property Law | Date: 2 Nov, 2003 | Hits: 96

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....dingly the appeal is dismissed.  There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ...... to Narendra Sarker, son of Umesh Sarker. Lechu Mondal died leaving sons‑Krishna Mondal and Joy Gopal Mondal. Krishna Mondal sold 1.98 acres of land out of his share to Abdur Rahman and Torap Ali Dewan and delivered possession to them. Torap Ali Dewan sold 0.33 acre of land to Mofazzal and......; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....te, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J AS Ahammed J Shamsuddin alias Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of Cr...... Ed. This Case is also Reported in: ..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

.... Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... defendants, thereafter, transferred their purchased property in favour of defendant nos.6-12. (d) Defendants instituted a suit being Title Suit No.39 of 1984 through Defendant no.2. Md. Zulfiquer Ali Talukder for declaration of title and decree of permanent injunction. (e) Defendants after cr......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....nd the suit is dismissed.  There is no order as to costs.  Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ......r Mahbubuddin Ahmed, Senior‑Advocate, instructed by SR Khoshnabish, Advocate‑on‑ Record‑For the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑ For the Respondent No. 1. AJ Mohammad Ali, Additi......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)

..... The petition is dismissed.   Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......der passed upon him to deposit the consideration money together with compensation prior to determination of important issues, would not be an illegality.  Case Referred to- Wahab Ali vs Kadem Ali 14 DLR 204. Lawyers Involved: Mahbubey Alam, Senior Advocate instruct......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ..

Category: Property Law | Date: 5 May, 2003 | Hits: 141