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Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....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. ......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. ...... before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......t (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and others……………...............Respondents (In C.A.No.85 of 1999) Judgment April 25, 2004 Cases Referred To- Jadav Chandra Mali Vs. Abdul Khaleque and ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
....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.
......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.
......;
Accordingly, this leave petition is dismissed.
Ed.
......ia in Title Appeal No. 84 of 1990 and restoring the judgment and decree dated M‑2‑1990 passed by the learned Subordinate Judge (now Joint District Judge) Kushtia in Title Suit No. 3 of 1985.
2. Short facts are that the petitioner as plaintiff instituted Title suit No. 3 of 1..
Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... 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. ......ationals Revenue Vs. John Kehoc, (1939) 309 U.S. 267; State of New York and others Vs. United States of America, (1946) 331 U.S. 284. Lawyers Involved: Md. Abdul Awal Mia for Md. Muzibur Rahman - For petitioner. Md. Shoyeb Khan - For opposite party No.1. Civil Revision No.482......fructuary mortgage, is to be registered under Registration Act and an unregistered Agreement of reconveyance cannot be treated or deemed to be a complete usufructuary mortgage……………..(15) Cases Referred to- Durga Choudhrain Vs. Jawahir Singh, 17 Indian Appeal 122; Nefar......hat of the greater practical difficulty which is involved in proving a negative than in proving an affirmative………………………………….(8) The State Acquisition and Tenancy Act 1950 (Act No. XXVIII of 1951); section 95 (2) Under section 95 (2) of the State Acquisition and..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
....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.
......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.
......nbsp;
12. In view of the discussions made herein over we find no substance in the petition.
Accordingly, the petition is dismissed.
Ed.
......Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For the Respondent No, 6.
Mvi Md Wahidullah, Advocate-on-Record—For Respondent Nos. 1-5.
Civil Review Petition No. 127 of 2003.
(From the Judgment and Order dated August 18..
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)
.... 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. ...... 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. ......petition is dismissed. Ed. ......tioners Vs. Md. Shamsul Haque and other ..................Respondents Judgment December 7, 2003. The Code of Civil Procedure, 1908 (V of 1908) Section 151, Order XXXIX rule I Though the appeal of the writ petitioner was dismissed on 27..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 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. ......12; acres of land 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......this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......d finally published raises claim on the property on the basis of such wrong record…………………..(7) The State Acquisition and Tenancy Act, 1950 ( XXIIX of 1951), section 144A Presumption as to correctness of entries of RS Khatian und..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....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: ......when the party has already exhausted the remedy of revision to prevent abuse of process of court or failure of justice……………………(25) Cases Referred to- Aminul Islam vs. Mujibur Rahman and others 44 DLR (AD) 56; Haji Golam Hossain vs. Abdur Rahman Munshi 40 DLR (AD) 196; Abdul ......Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of Criminal Procedure, 1908 (V of 1898), Sections 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property ma......s Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of Criminal Procedure, 1908 (V of 1898), Sections 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....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. ......d Salahuddin - For Proforma-Defendant-Respondent No.5. Mahbubey Alam, with Md. Mozammel Hossain and Harun-or-Rashid, Advocate - For Respondent Nos.6-12. Md. Zakir Hossain with Khandker Khaliqur Rahman and Narayan Chandra Mondal, Advocate - For Respondent Nos.2and 13. First Appeal No.9 of 20......ahadur and others Vs. Tarak Nath Gangopadhyay and others, 40 C.W.N. 566; Abdul Hafez and another Vs. Lal Meah and others, 1988 BLD HCD 497; Bangshadhar Mitra and others Vs. Natabar Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Adv......dents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and others, 40 C.W.N. 566; Abdul Hafez and another Vs. Lal Meah and others, 1988 BLD HCD 497; Bangshadhar Mitra and others..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)
....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. ......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. ......is set aside and the suit is dismissed. There is no order as to costs. Ed. ...... price. Cases Referred to- ILR 22 Madras 270, AIR 1925 PC 36, AIR 1979 SC 114, (1911) 1 KB 410, (1953) 2 QB 18, AIR 1975 SC 1810, 9 PLR (Dhaka Series) ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
....ing direction to restore vacant possession of the property in question to tile respondent is maintained.
Accordingly, the leave petition is disposed of in the aforesaid manner.
Ed.
......ing direction to restore vacant possession of the property in question to tile respondent is maintained.
Accordingly, the leave petition is disposed of in the aforesaid manner.
Ed.
......y in question to tile respondent is maintained.
Accordingly, the leave petition is disposed of in the aforesaid manner.
Ed.
...... Alam......................Respondent
Judgment
March 24, 2003.
The Bangladesh
Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985),
Section 10
20 % interest on the
tax paid to the govern..
Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......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 ......llegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......ommissioner. ...Respondent Judgment March 11, 2003. The Succession Act, 1925 (XXXIX of 1925), Section 372 The Transfer of Property Act, 1882 (IV of 1882), Sectio..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......ment or other proceedings before or during trial or in any inquiry or other proceedings under this Code." 20. Since the decision of the Privy Council in the case of Abdur Rahman 31 CWN 271 (282) (PC) the consistent view of the courts of the sub continent is that sec......quot; is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......p; February 4, 2003. The Code of Criminal Procedure, 1898 (V of 1898), Sections 155, 190 & 195 (i) The function ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......nto consideration the increase of market price. Further, in case of sale of immovable property time is not essence of the contract. Case referred to- Ram Chandra Dash and others Vs. Md Khalilur Rahman and another, 1985 BLD (AD) 41= 37 DLR (AD) 21. Lawyers involved: Mohammad Ozair Farooq,......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......ncrease of market price. Further, in case of sale of immovable property time is not essence of the contract. Case referred to- Ram Chandra Dash and others Vs. Md Khalilur Rahman and another, 1985 BLD (AD) 41= 37 DLR (AD) 21. Lawyers involved: Mohammad Ozair Farooq, Senior Advocate, instr..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......dassir Husain J AS Ahammed J Alfazuddin Ahmed ........Appellant Vs. Abdur Rahman and others.................Respondents Judgment &nbs......re is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......thers.................Respondents Judgment January 21, 2003. State Acquisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......d. & others…………….Respondents Judgment 16th November 2002 Lawyers Involved: A. F. M. Hasan Ariff, Attorney General, instructed by Md. Ataur Rahman Khan, Advocate-on-Record-For the Petitioner. Dr. Kamal Hossain, Senior Advocate, instr......isition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......Advocate-on-Record-For the Petitioner. Dr. Kamal Hossain, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-Respondents Nos. 1-2. Civil Petition for Leave to Appeal No. 1154 of 2002 (From the Judgment and Order dated 13th March 2002 passed by the High Court Division in ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......Referred to- Buxly Paints (Bangladesh) Ltd. vs. Bangladesh, 31 DLR (AD) 266. Lawyers Involved: Fida M Kamal, Additional Attorney‑General instructed by Md. Ataur Rahman Khan, Advocate-on-Record‑For the Petitioners. Mahbubey Alam, Senior Advoca......neral for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (PO. No 16 of 1972), Article 10 The Transfer of Property Act, 1882 (IV of 1882) Section 53A The agreement in question is prior to 25th March 1971 binding on the Governme..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......he original suit by filing a subsequent suit further proceeding of the execution case cannot be stayed. Lawyers Involved: Khandoker Mahbubuddin Ahmed, Senior Advocate, instructed by Md Ataur Rahman Khan, Advocate‑on Record ‑For the Petitioner Shahidul Islam, Advocate instructed by......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......spondent Nos. 2‑86. Civil Petition for Leave to Appeal No. 638 of 2000. Judgment Mahmudul Amin Choudhury CJ.- This petition for leave to appeal is against judgment and order dated 3 1‑5‑2000 passed by the High Court Division in Civil Revision No. 152 of 2000 making the Rule absolut..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
..... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......d others ……...........................................Respondents Judgment April 22, 2002. Result: The Petition is dismissed. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (P.O. 16 of 1972), Article 2. The court of settlement has no jurisdic......ration of Bangladesh, Mongal Mia died in the case house leaving behind the petitioners as his only heirs. The petitioners had lived in the case house by paying rent to the Government till 24‑4‑1975 on which date a Deputy Secretary of the Ministry of Public Works forcibly evicted the petitioners ..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......requiring body………...(4) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represented‑the Respondents. Civil Petition for Leave to Appeal No. 584 of 2000. (From the judgment and order dated 6‑3‑2000 passed by the High Court Division i..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......Revisional Jurisdiction) Present: Abdur Rashid J Hasan F Siddique J Mahmood Alam (Md.) and another……………..Petitioners Vs. Moklesur Rahman Bhuiya…………………………Opposit...... once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......- Golam Ilahi Vs. Md. Waris Khan, 10 DLR (FC) 174:Abdur Kader Vs. Noor Mohammad, 36 DLR (AD) 261; Hazera Begum Vs. Rousahan Ara, 39 DLR (AD) 22; Achal Reddy Vs. Ramakrishna Reddiar, AIR 1990 (SC)553=(1990) 4 SCC 706; Abdul Jalil Miah vs Niropama Ritchil, 49 DLR (AD) 61=1997 BLD (AD) 63; Salma K..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
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