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Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)

....ase jote by purchase and he having filed the pre-emption case within 4 months form the date of knowledge about the transfer of the case land to the pre-emptee petitioner, who was not a co-share or co-owner of the case jote. He further adds that no notice was served upon the pre-emptor-opposite party......9) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..

Category: Property Law | Date: | Hits: 37

M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)

....hen Subordinate Judge (now Joint District Judge), 5th Court, Dhaka in Money Suit No.72 of 1995 decreeing the suit. 2. The facts involved in the case, in short are that the plaintiff is the owner of the premises at 35/11 Shantigangar, Dhaka; that the defendant No1. entered into the said ...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. Classic Fashion Limited.….....Petitioner Vs. Mrs. Asrafunnessa Dana and another……....Respondents Judgment March 15, 2009. Lawyers ...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 110

Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)

....on or title in the suit land and the suit is liable to be dismissed. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that one Chandra Bhanu was the owner of the suit land measuring 10 decimals and she died leaving behind her 2nd husband Abdul Gani......resent: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Yakub Ali…………….Petitioner Vs. Nazir Ahmed and others.......Respondents Judgment January 18, 2009. Lawyers Involved: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 29

Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)

....f 2000 reversing those dated 04.07.2000 passed by the Senior Assistant Judge in Other Class Suit No.310 of 1987 decreeing the suit. 2. The facts of the case, in short, are that the original owner of the suit land was Mofizul Hoque that the plaintiff exchanged his land with 0.05 acres of R......mmad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Sadequl Alam……………..Petitioner Vs. Md. Mofizul Haque (Jalal) and others……..Respondents Judgement January 7, 2009. Lawyers I...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 27

Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)

....he law. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the so-called census list did not contain all the suit plots belonging to the original owner Shoshi Mohan who left the Country for India prior to 1965 A.D. because the property of Shoshi...... Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. Lawye...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 51

Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....sing Estate, the respondent No.6, also filed affidavit-in-opposition stating that the powers of attorney are benami transactions and between the two, the attornies are the real beneficiary and the owner of the plots. 5. The High Court Division, after hearing, discharged the Rules holding ......ed in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..

Category: Property Law | Date: | Hits: 34

Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)

....roperty vest­ed with the Government as per law. 4. The defendant Nos.1 and 7 submitted written statement denying the plaint's case contending, inter alia, that the Chhakkun Miah was the owner of the suit property who allowed Alim Miah permissive pos­session in the suit property fo......in: VI ADC (2009) 695. ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..

Category: Civil Law | Date: | Hits: 94

Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)

....rming those dated 29.05.1997 passed by the Senior Assistant Judge, Sadar, Faridpur in Title Suit No.03 of 1993. 2. The facts of the case, in short, are that one Abbas Sheikh was the original owner of the suit land after his death heirs son Amiruddin, Zainuddin and daughter Banu Khatun inh...... Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment February 5, 2009. Lawyers Invol......find no sub­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..

Category: Property Law | Date: | Hits: 25

Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)

.... affected thereby and that they entitled to get decree for khas possession of the suit land, on the aver­ments that the suit land originally belonged to Abdul Ali, a purchaser from the C.S. recorded owner, and Rustom Ali, the predecessor in interest of the plaintiffs, by registered sale deed dated ......J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 2009. Lawyers Involv......no illegali­ty or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122...

Category: Property Law | Date: | Hits: 25

Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)

....e RAJUK that the land of the writ-petitioners along with other land was requisitioned in different L.A. cases for development of residential are and in due course com­pensation was paid to the owners of the land and the Deputy Commissioner delivered possession of the land to the DIT, now RAJ......nayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal No.107 of 2004) Golam Mostafa and others....Respondent (In Civil Appeal No.108 of 2004) Anowara Begum.........Respondent ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..

Category: Property Law | Date: | Hits: 41

HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)

....a' and 'MV Dali' berthed at Chittagong Port, Chittagong before the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing vessels and carriers carrying on business as carrier of goods in con......d. Fazlul Karim J   Md. Joynul Abedin J SAN Mominur Rahman J  HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9, 2009. Lawyers Invo...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 513

Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)

....may be given to her as a matter of love. It also appears from the F. I. R. that accused No.1 was made director of the company of the informant. 6. Facts remain that the accused No. 1 is the owner of the alleged stolen goods and the car, the blue-book of which stands in her name. 7.......m J Md.Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Abu Ahmed Siddique…………………. Petitioner Vs. Khandaker Abdul Awal and others……......Respondents Judgment October 30, ......dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ..

Category: Criminal Law | Date: | Hits: 57

Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)

....h Chandra Biswas learned Advocate-on-Record, appearing for the petitioner submitted that Rupjan Bibi, the predecessor-in-interest of the defendants, purchased 2.226 acres of land from the admitted owner and on the basis of that purchase R.S. and S.A. record of rights was prepared in her name an...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Shoukat Ali Howlader and others…....... Defendant-petitioners Vs. Nur Box Howlader and others&helli......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ..

Category: Property Law | Date: | Hits: 24

Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)

....passed by the Assistant Judge, Chitalamari in Title Suit No.11 of 1987 decreeing the suit for partition. 2. The facts of the case, in short, are that suit schedule lands belonged to original owner Mritunjoy who died leaving behind seven sons namely, Debicharan, Bani Kanta Troilakshya Nath......nul Abedin J Md. Abdul Matin J Chitta Ranjan Roy……………………………Petitioner Vs. Dhirendra Nath Roy and others………………Respondents Judgment July 2...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ..

Category: Property Law | Date: | Hits: 27

Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)

....Noor Mohammad on con­structing their dwelling house thereon. Other S.A. recorded tenant Noor Mohammad died leaving behind widow Deljan and after the death of Deljan defendant Nos.4-8 became the owner of the suit land and the present khatian was correctly recorded in the name of the aforesaid ......l Matin J Md. Azizur Rahman…………………………………Petitioner Vs. Alatun Bewa alias Jahanara Bewa and others.............Respondents Judgment July 30, 2008. Lawyers involved: ......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ..

Category: Property Law | Date: | Hits: 26

Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)

.... property of the plaint asserting, inter alia, that the suit schedule land originally belonged to Koilash Chandra Dey and others, that by amicable partition Alangamohan Deb Nath became the absolute owner of the suit schedule land. Being owner-in-possession Alangamohand died leaving his wife Gonga......d. Abdul Matin J Md. Abdul Aziz J Abdul Gafur being dead his heirs, Md. Mujibur Rahman………………….Petitioner Vs. Mariom Bibi and others…..................................Respondents Judgment March 12, 20...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ..

Category: Property Law | Date: | Hits: 25

Syedur Rahman Chowdhury Vs. Monowara Begum and others, 2008, 37 CLC (AD)

....s Miscellaneous Case No. 38 of 1983. That One Abeda Khatun was the original recorded tenant of the case land who used to cultivate the land through bargader and the petitioner is a contiguous land owner of the south plots of the case schedule land and on 04.10.1981, the petitioner found that res...... Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Syedur Rahman Chowdhury being dead his heirs; Kulsuma Begum and others……     ........Petitioners Vs. Monowara Be......tioner herein could not make out any case of review in this application. Accordingly, the review petition is rejected. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 576. ..

Category: Property Law | Date: | Hits: 26

Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)

....s residing in the house as an allottee since 1975 and he was regu­larly paying rent and taxes through chalan; although an agreement was entered into between the petitioner and the orig­inal owner on 19.06.1970 the same was not acted upon an then a fresh agree­ment for sale was entered......n J Md. Abdul Matin J Mohsena Akter Khatun……………………Petitioner Vs. Chairman, First Court of Settlement, Bangladesh and others…….......Respondents Judgment August 6, 2008. Lawyers I......ere is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ..

Category: Property Law | Date: | Hits: 26

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

.....68 of 1997 in respect of the above Ka schedule property, being obtained  fraudulently, is not binding upon them on the averments that the Ram Ratan Bal, the defendant No. 2, was the original owner of the suit land and he on 9.10.71 sold the same to them at a consideration of Tk.3000/- and ......preme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Ranjit Kumar Bal and another…………………………….......ity or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed.    This Case is also Reported in: VI ADC (2009) 525. ..

Category: Property Law | Date: | Hits: 74

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

....in Other Class Suit No.69 of 1982 decree­ing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, instituted the above suit on the averments that he is the rightful owner of the suit property which he got by purchase from the proforma defendant No.2 vide Sale Deed......zul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the Deputy Commissioner, Rajshahi.....Petitioner Vs. Enamul Huque and others.........................Respondents Judgment August 26, 2008. Lawy......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ..

Category: Property Law | Date: | Hits: 26