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Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ...... Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. M. A. Quayum, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For Respondent No. 1. &n...... (Civil) Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Ayen Ali Howlader...................Petitioner Vs. Nazir Ahmed and others…………….Respondents Judgment November 28, 2007. ......-6. Civil Petition for Leave to Appeal No. 231 of 2006 (From the judgment and order dated 06.08.2005 passed by the High Court Division in Writ Petition No.4404 of 2003.) Judgment ..Category: Property Law | Date: | Hits: 29
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ...... consenting its sale to another can constitute waiver, acquiescence or estoppel demolishing his right of pre-emption………..(14) Cases Referred To- Akhlasur Rahman and others Vs. Safarullah and others, 14 BLD(AD) 20; Shi Audh Behari Singh Vs. Gajadhar Jaip......mptee having failed to prove that the pre-emptor was offered to buy the case land in the first place and he refused to buy the same and consented to the sale no question of waiving his right arises. [Obiter] Right of pre-emption accrues to the pre-emptor only after the case la......n Ali..........................Appellant Vs. Md. Jasim Uddin and others .......Respondents Judgment January 6, 2008. The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 The pre-emptee having failed to prove that the pre-emptor wa..Category: Property Law | Date: | Hits: 32
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......volved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Senior Advocate with him) instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Petitioner (In all the cases) Fida M. Kamal, Attorney General instructed by Md. Nawab Ali,......Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.S. Ramna, District-Dhaka and ors................Respondents (In all the cases) Judgment January 15, 2008. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Ala..Category: Property Law | Date: | Hits: 31
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ...... Case Referred To- Md. Sanu Miah Vs. the Government of Bangladesh and others, 1 MLR (AD) 354. Lawyers Involved: M.A. Samad, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner None Represented- For Respondents ......hers, 1 MLR (AD) 354. Lawyers Involved: M.A. Samad, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner None Represented- For Respondents Civil Petition for Leave to Appeal No. 298 of 2006. (From the judgment and or......mmissioner, Sunamgonj and others........Respondents Judgment December 10, 2007. Case Referred To- Md. Sanu Miah Vs. the Government of Bangladesh and others, 1 MLR (AD) 354. Lawyers Involved: M.A. Samad, Senior Advocate, instructed by Syed Mahbubar Rahman,..Category: Property Law | Date: | Hits: 50
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
....s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ......under section 96 of the State Acquisition and Tenancy Act for pre-emption in the Court of Senior Assistant Judge, Chakaria Cox's Bazar in respect of the kabala dated 20.02.1973 executed by Tamijur Rahman,the predecessor of the pre-emptee Nos.6-15 in respect of an area of 1.6 acre from the land a...... Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Hassan Ameen J Master Jainul Abedin................Petitioner Vs. Haji Salamullah Khan & others ..........Respondents Judgment June 6, 2007. Lawyers Involved: ......sp; Not represented- Respondent Nos. 2-26. Civil Petition for Leave to Appeal No.108 of 2006. (From the judgment and order dated 13.08.2005 passed by the High Court Division in Civil Revision No. 3366 of 1996.) Judgment &nb..Category: Property Law | Date: | Hits: 29
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... Md. Hassan Ameen J Md. Miksar Ali Dewan and others........................Petitioners Vs. Dares Ali Mondal and others..............................Respondents Judgement August 5, 2007. Result: The petition is dismissed. Lawyers Involved: Mahmudul Islam, Senior A..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J.R. Mudassir Husain J MM Ruhul Amin J Md. Atiqullah ………………………………&hel......d- For the Appellant (In all cases). Ex-parte- For the Respondent (In all cases). Cases Referred To- Adalat Khan Chowdhury & other vs. Province of East Pakistan, P.L.R 1959 Dhaka series 688; Behari Lal and another Vs. M.M. Gobardhan Lal and others, A.I.R 1948; (Allahab..Category: Property Law | Date: | Hits: 27
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......tition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......ffs filed the suit stating, inter alia, that the land in suit belonged to Chandan Mal Soni who died leaving two sons, Sree Krishna Soni and Hari Krishna Soni. Sree Krishna filed Title Suit 13 of 1959 impleading Hari Krishna Soni and the suit was decreed on compromise declaring the title of Sree ..Category: Property Law | Date: | Hits: 27
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......pondent. Civil Appeal No. 68 of 2004 (From the Judgment and Order dated 12th November 2002 passed by the High Court Division in Civil Revision No.2468 of 2001) Judgment: Mo...... Aziz J Amirul Kabir Chowdhury J Badal Chandra Das and others .........Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Afta..Category: Property Law | Date: | Hits: 34
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court DiviÂsion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ourt are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ....... The Non Agricultural-Tenancy Act, 1949 (XXIII of 1949), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be ..........………………………………………….Appellant Vs. Md. Ali Ashraf...........……………………………………………..............Respondent Judgment February 15, 1990. The Non Agricultural-Tenancy Act, 1949 (XXIII of 1949), section 7 The Evidence Act, 1..Category: Property Law | Date: | Hits: 38
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......angladesh and others......Respondents Judgment: December 12, 2006. Case Referred To- Ministry of Works and others vs Helaluddin Ahmed, 4 MLR (AD) 140. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Petitioner. Not......in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......ers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Petitioner. Not represented— the Respondents. Civil Review Petition No.101 of 2005 (From the Judgment and Order dated May 15, 2005 passed by the Appellate Division in Civil Appea..Category: Property Law | Date: | Hits: 37
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Ambia Khatun and anr.........Petitioner Vs. Syed Altaf Hossain and another…………..Respondent Judgment August 26, 1977 ......ght by the petitioners as plaintiffs. 2. The petitioners alleged in the said suit that there was a contract for sale between them and Respondent No. 1 for a consideration of Tk. 7055/-, whereby the said Respondent agreed to execute a deed of permanent lease in respect of certain..Category: Property Law | Date: | Hits: 34
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J AA Raziul Karim Chowdhury...............Appellant Vs Nasim Bin Rahman & ors... ................Respondents Judgment January 21, 2007 Case......ision (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J AA Raziul Karim Chowdhury...............Appellant Vs Nasim Bin Rahman & ors... ................Respondents Judgment January 21, 2007 Cases Refer......January 21, 2007 Cases Referred To- Smt. Thakamma Mathew vs. M. Azmatullah Khan and others, AIR 1993 (SC) 1120; Kanhaiyalal vs Mulla Abdul Hussain (deceased by LRS) and others, AIR 1985 (Madhya Pradesh), 24; Kurpal Hemraj and others vs. Shamrao Raghunath Raote and others, AIR 1923 (..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......is dismissed with costs at all stages. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Bazlur Rahman Sarker......................Appellant Vs. Kamala Kanta Barman…………..Respondents Judgment November 11, 2006 Lawyer......uit measuring 3.30 acres of CS khatian No.6, corresponding the RS khatian No.7, belonged to Bibi Ummat Johara and others and the said landlords settled the land in suit with Bipin Chandra in 1350 BS by granting Dakhila, that said settlement holder Bipin Chandra possessed the land in suit up..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ...... Supreme Court Appellate Division (Civil) Present Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh&hellip......Court Appellate Division (Civil) Present Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh………&......n Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Hoda, Advocate–on-Record — For the Respondent. Civil Appeal No. 25 of 1976 ( From the Judgment and Order dated 5-7-73 passed by the High Court Divisio..Category: Property Law | Date: | Hits: 36
....
The petitioners are also permitted to prepare
paper book out of court in accordance with rules.
Stay granted earlier be further extended till
disposal of the appeal.
Ed.
......
The petitioners are also permitted to prepare
paper book out of court in accordance with rules.
Stay granted earlier be further extended till
disposal of the appeal.
Ed.
......rd- For the Petitioners.
M. A. Samad, Senior
Advocate (A.S.M. Shafiullah, Advocate with him) instructed by Nurul Islam Bhuiyan,
Advocate-on-Record-For Respondent No. 1.
Not represented—For
the Respondent Nos. 2 &3.
Civil Petition for Leave
to Appeal No. 196 of 2005...... Ranger, Bhaluka Range Office, Mymensingh and
others......Petitioners
Vs
M/S. Hamid and sons Ltd. and others .....................................Respondents
Order
June 15,
2005.
Lawyers Involved:
A. J. Mohammad Ali
Attorney General, instructed by (Md. A..
Category: Property Law | Date: | Hits: 41
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......er as to costs. Ed. ......Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab Alt, Advocate-on-Record- For Respondent No.1 Not represented- Respondent Nos.2 & 3 Civil Appeal No. 81 of 2003 (From the Judgment and Order dated November 28, ......presented- Respondent Nos.2 & 3 Civil Appeal No. 81 of 2003 (From the Judgment and Order dated November 28, 2001 passed by the High Court Division in Civil Revision No. 170 of 1995) Judgment: Md. Ruhul Amin J.- This is defendants' app..Category: Property Law | Date: | Hits: 38
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. .......R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and oth­ers ....................Petitioners (In C.P. No 50 of 2006) Vs Bangladesh repres...... (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and others ....................Petitioners (In C.P. No 50 of 20..Category: Property Law | Date: | Hits: 31
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ...... Amin J Jobeda Bewa & others ..........Appellants Vs Md. Abdur Razzaque ............Respondent Judgment October 19, 2006 Lawyers Involved: Lutfor Rahman Mondal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants ......o Reported in: 12 MLR (AD) 2007, 16. ......issed the appeal. Being aggrieved the plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that "considering the proven facts, circu..Category: Property Law | Date: | Hits: 33
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ...... is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ...... DLR (AD) (1990) 244. ......€¦..…..Respondent Judgment May 16, 1990. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) The Stamp Act, 1899 (II of 1899), sections 2(11), 18 & 35 The Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practic..Category: Property Law | Date: | Hits: 118
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