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Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)

.... appeal No. 317 of 2002 wherein leave has been grant­ed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been grant­ed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......er (In all the cases) Vs Abdur Rashid Khan and others.....Respondents (In all the cases) Judgement July 3, 2006 Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Nawab Ali, Advocate-on-record-For the Petitioner (in all the cases) A. K. M. Shahidul Huq, Advocate-on-......n 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ..

Category: Property Law | Date: | Hits: 35

Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)

....book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ..

Category: Property Law | Date: | Hits: 30

Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)

....May 11, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on Record-For the Petitioners Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocte-on-Record- For the Respondents Civil petition for leave to Appeal No....... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......ellip;………Petitioners Vs. Begum Shakhina Khatun and others ........Respondents Judgement May 11, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on Record-For the Petitioners ...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..

Category: Property Law | Date: | Hits: 32

Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)

....arned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ...... Judgment June 13, 2005. Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record. —For the Petitioner A. J. Mohammad Ali, Senior Advocate (A.Quayum, Senior Advocate with him), instruct­ed by Aftab Hossain, Advoc......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

.... merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......12, 2005. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neagi, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants Sk. Rajjak Ali, Senior Advocate instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Nurun Nabi Mullah and others ...........Appellants Vs. Abdul Karim alias M. A. Karim and others…...........Respondents Judgment January 12, 2005..

Category: Property Law | Date: | Hits: 40

Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)

....ellip;…….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July 30, 2005 Lawyers Involve: Md. Ozair Farooq, Senior Advocate, instruct­ed by Chowdhury Md. Zahangir, Advocate-on- Record- ......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......hammad Fazlul Karim J Amirul Kabir Chowdhury J Abdul Quddus…………………………….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..

Category: Property Law | Date: | Hits: 35

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

...., 2002 passed by the High Court Division in Civil Revision No. 1578 of 1999) Judgment                   Md. Ruhul Amin J. - The instant appeal is by the defendants against the judgment dated August 18, 2......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......er 14, 1960 on monthly rental basis. The defendants were running a business of Hotel and Restaurant in the premises so let out by Mir Baksha Miah to them, that Mir Baksha Miah died leaving Khaibor Ali Miah and plaintiff No. 9, that Khaibor Ali Miah died leaving the plaintiff Nos. 1-8, that after......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 46

Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)

....ore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... Khatun and others... ...............Respondents Judgment August 28, 2006. Cases Referred To- Syed Yakoob vs KS Radhakrishnan AIR 1964 SC 477; Amanatullah and others vs Ali Mohammad Bhuiyan and another 1997 BLD (AD) 199 = 2 BLC (AD) 134; Hazari Bala Sana and another v......rred To- Syed Yakoob vs KS Radhakrishnan AIR 1964 SC 477; Amanatullah and others vs Ali Mohammad Bhuiyan and another 1997 BLD (AD) 199 = 2 BLC (AD) 134; Hazari Bala Sana and another vs Niron alias Niranjan Mandal and others 1997 BLD (AD) 294. Lawyers Involved: Abdul Wadud Bhu..

Category: Property Law | Date: | Hits: 44

Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)

....do a transaction which is very largely the result of his own creation…………………………(20) Lawyers Involved: S.R. Pal, Senior Advocate (S. C. Das, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appel­lants. Ranadhir Sen, Advocate, (B.K. Das,......vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..

Category: Property Law | Date: | Hits: 47

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....re directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......Lawyers Involved: A.J. Mohammad All, Attorney General, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners Dr. Kazi Akter Hamid, Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent No.2 Civil P......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..

Category: Property Law | Date: | Hits: 48

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

.... i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......7. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Fazlul Karim, Senior Advocate, Instructed by Nawab Ali, Advocate-on-Record-For Respondent Nos. 1. Not represented-Respondent Nos. 14-4. ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ..

Category: Property Law | Date: | Hits: 67

Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)

.... Vs. Arun Kumar Ganguly & others……..............Respondents. Judgment June 7, 1999. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record-For the Appellant Shamsul Alam, Advocate, instructed b...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)

.... of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......ment July 31, 2006. Result: The appeal is allowed. Lawyers Involved: M. A. Azim, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant Sk. Razaque Ali, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent Nos. 1, 2...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 42

Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)

....s dispensed with as prayed for. The petitioners are permitted to add addi­tional grounds. Ed. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add addi­tional grounds. Ed. ...... June 19, 2006. Case Referred to- Bhagoban Das vs. Mahadeb, AIR 1923 Allahabad 298. Lawyers Involved: S. M. Zillul Hoque, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-Respondents. Civil Petit......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add addi­tional grounds. Ed. ..

Category: Property Law | Date: | Hits: 28

Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)

....einbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......9 DLR (AD) 223; 41 DLR (AD) 124; 7 BLT (AD) 7. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chy. Md. Zahangir, Advocate-on-Record- For the Appellant. Mahbub Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not repr......thers .........Respondents Judgment June 18, 2006. Cases Referred to- Sree Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob, 17 BLD (AD) 126 Abani Mohan Saha Vs. Assistant Custodian (S.D.O.) Vested ..

Category: Property Law | Date: | Hits: 35

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

....gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......lip;………………………….Respondents (In both the cases) Judgment: April 20, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners (In both the cases) Not represented-For the Res...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 27

Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)

..............Respondents (In both the cases) Judgment March 23, 2005 Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (With S. M. Munir, Advocate), instructed Md. Jainal Abedin, Advocate-on-Record-For the Petitioners (In both the cases) A. F. Hassan A......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dis­missed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dis­missed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dis­missed. Ed. ..

Category: Property Law | Date: | Hits: 41

Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)

.... Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......f title and recovery of possession will not change the nature and character of the suit…..(9) Lawyers Involved: Mustafa Niaz Muhammad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record—For the Appellants. Md. Khurshid Alam Khan, Advocate, instr......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..

Category: Property Law | Date: | Hits: 39

Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)

....o Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ed through court. A co-sharer in possession of land in excess of his share, is bound to part with the same…………….(11) Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Appellants. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..

Category: Property Law | Date: | Hits: 48

National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)

.... Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 43