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Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......sed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ...... in: 42 DLR (AD) (1990) 234. ......…………………………………………………………….....Appellant Vs. Parveen Banu @ Purnima & others....……………………….....Respondents Judgment March 15, 1990. Result: The ap­peals are dismissed The Code of Civil Procedure, 1908 (V of 1908)..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

.... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......the defdt. 2 in favour of the plaintiff shows that a sum of Taka 10,000/- only was received by the defdt. on 1.9.73 as sale proceed of Nandan Kanan Proper­ties at first lane. Plots No.21, 22, 23, 24 & 25 are also mentioned in this receipt. It is also clear from the receipt that the price was se......For the Appellant. Dr. M. Zahir, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For Re­spondent Nos. 1-9 Ex-parte—Respondent No.10 (State) Civil Appeal No. 87 of 1985. (From the Judgment and Decree dated 3.12.84 passed by High Court Division, Chittagong Bench, i..

Category: Property Law | Date: | Hits: 50

Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)

....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......The appeal is thus allowed with costs. Ed. ......us allowed with costs. Ed. ......Others....Appellants Vs Afsar Ali Howlader………………………………...Respondent. Judgment October 25, 2005 Lawyers Involved: Hasan Faiz Siddique, Advocate instructed by Md. Nawab Ali, ..

Category: Property Law | Date: | Hits: 35

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ....... Ed. This Case is also Reported in: ......0 of the Evidence Act, 1872 is rebuttable. The mere fact that the document is thirty years old does not make it immune from attack by the other side on the question of its genuineness...............(15) Lawyers Involved: Shahabuddin Ahmed, Advocate, instructed by N.I. Bhuiyan, Advocate-on-Rec..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......(Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Government of Bangladesh, and others ....Appellants Vs Md. Sirajuddin Khan and others…………....Respondents Judgment June 19, 2005 Lawyers......dhury J Government of Bangladesh, and others ....Appellants Vs Md. Sirajuddin Khan and others…………....Respondents Judgment June 19, 2005 Lawyers Involved: Abdur Razzak khan, Additional Attorney General, instructed by Mr...

Category: Property Law | Date: | Hits: 40

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......y the appeal is allowed. There is no order as to costs. Ed. ......d. Abdul Jabbar Sheikh…………………Respondent Judgment   July 3, 2006 Cases Referred To- Bishundeo Vs. Seogeni Rai, AIR 1951 SC; Varanasaya Sanskrit Vishwavidyalaya and another Vs. Dr. Rajkishore Tripathi and an­other..

Category: Property Law | Date: | Hits: 38

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......Appellate Division (Civil) Present: Syed J. R. Mudussir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ahmed Rashid and others………………Plaintiff Vs. Mohammad Shafi and o......;……Plaintiff Vs. Mohammad Shafi and others……………………..........Defendant Judgment October 27, 2005. Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641; Food vs. Jal..

Category: Property Law | Date: | Hits: 41

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ......dents Judgment November 8, 2006. Lawyers Involved: M.A. Azim, Deputy Attorney General instructed by B.Hossain, Advocate-on-Record-For the Appellant Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 ......ny order as to costs. Ed. ......t Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 Civil Appeal No. 288 of 2002 (From the judgment and order dated 15.01.2001 passed by the High Court Division in Civil Revision No. 1635 of 1995.) Judgment: ..

Category: Property Law | Date: | Hits: 31

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ssed without any order as to costs. Ed. ......t and order dated 08.12.1999 passed by a Single Bench of the High Court Division in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for decla­ration th..

Category: Property Law | Date: | Hits: 59

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

....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. ......esent: Md. Ruhul Amin J Md Tafazzul Islam J Md. Mofazzal Hossain………………………Petitioner Vs. Md. Muklesur Rahman and others.....Respondents Judgement June 25, 2006 Lawyers Involved: ...... the suit are to be included. Ed. ...... Md. Mofazzal Hossain………………………Petitioner Vs. Md. Muklesur Rahman and others.....Respondents Judgement June 25, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on –Record-For the peti..

Category: Property Law | Date: | Hits: 30

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

....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. ......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. ......t Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Belayet Hossain……………….Petitioner Vs. Abul Fayez Md. Abdulla......hellip;…………….Petitioner Vs. Abul Fayez Md. Abdullah and others…………….Respondents Judgment June 13, 2005. Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Nurul Islam Bhuiyan, ..

Category: Property Law | Date: | Hits: 33

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

....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. ......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. ...... (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. Lawyers Involved: ......zzul Islam J Nurun Nabi Mullah and others ...........Appellants Vs. Abdul Karim alias M. A. Karim and others…...........Respondents Judgment January 12, 2005. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neagi, Advocate with him..

Category: Property Law | Date: | Hits: 40

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

....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. ......6.     Case Referred to- Solaiman (Md) vs Siifia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others, 49 DLR 288. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record—For Appellants. ......thout any order as to costs. Ed. ......—For Respon­dent No. 2(a) and 2(c). Civil Appeal No. 371 of 2003. (From the Judgment and Order dated August 18, 2002 passed by the High Court Division in Civil Revision No. 1578 of 1999) Judgment            &nb..

Category: Property Law | Date: | Hits: 46

Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)

....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......13, 2006. Lawyers Involved: Faruque Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on- Record—For the Petitioners, (In all the cases). Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No. 1. (In CRP No. 77 of 2006). Not represen......ssed. Ed. ......mp; 64 of 2004 allowing the appeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the joint owners of 17 decimals of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286/310 of SA Khat..

Category: Property Law | Date: | Hits: 37

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

....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. ......nd others 1997 BLD (AD) 294. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record—For the Appellants. Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record —For Respondent No......na and another vs Niron alias Niranjan Mandal and others 1997 BLD (AD) 294. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record—For the Appellants. Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahma......mdash;For the Appellants. Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record —For Respondent Nos. 1-4. Not represented—Respondent Nos. 5-26. Civil Appeal No. 270 of 2002 (From the Judgment and Order dated May 13, 1997 p..

Category: Property Law | Date: | Hits: 44

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

....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. ......nd the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......he title to the properly has already vested by sale, opinions varied in differ­ent High Courts of the then India. The Indian Su­preme Court in the case of Shi Audh Behari Singh Vs. Gajadhar Jaipura & others (1955) ISCR 70 en­dorsed the view of Mahmood, J. of Allahabad High Court (7 All 775 Fu......d others… ……………………………………….............Respondents Judgment January 11, 1990. Result: The appeal is al­lowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor..

Category: Property Law | Date: | Hits: 47

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......d in treating the property as vacant and allotting it to a deserving person. There was no necessity for formally canceling the allotment. The appeal is allowed and the suit is dismissed…………(7 & 8) Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appellants. Mahfuzu...... Vs. Md. Ibrahim Bepari and others..………………………....Respondents Judgment June 14, 1989. Result: The appeal is allowed. The Easements Act, 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easement act a licensee has no right to transfe..

Category: Property Law | Date: | Hits: 40

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

....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. ......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. ......Civil Petition for leave to appeal No.56 of 2005. (From the Judgment and order dated 13.12.2004 passed by the High Court Division in Civil Revision No.4504 of 2004.) Judgement:              Amirul Kabir Chowdhury J. - Div......st Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent Judgement June 14, 2005. Lawyers Involved: A.J. Mohammad All, Attorney General, instructed by Md. Zahirul I..

Category: Property Law | Date: | Hits: 48

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

....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; ......Md. Jahurul Islam Chowdhury and other………….........Respondents Judgment April 30, 2006. Cases Referred to- Musammat Nurjahan Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34 DLR (AD), 61; Bhim Singh (dead) by L.R.S and another Vs. Ka......1 DLR (AD) (2009) 133; ...... other………….........Respondents Judgment April 30, 2006. Cases Referred to- Musammat Nurjahan Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34 DLR (AD), 61; Bhim Singh (dead) by L.R.S and another Vs. Kan Singh, AIR 1980 (SC) 727. ..

Category: Property Law | Date: | Hits: 67

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......n J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents ...... Ed. ......ip;………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Al..

Category: Property Law | Date: | Hits: 33