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Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
.... plaintiff, instituted the above Title Suit No.79 of 1998 for specific performance of contract by way of re-conveying by the defendants the suit land in his favour on the averments that he was owner of the suit land by way of jote right and while in possession and enjoyment of the suit land ......inoor Chowdhury………………………………………..Petitioner Vs. Sree Kamada Ranjan Bhattacharja and others….......Respondents Judgment November 23, 2008. Lawyers Invol......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) 488. ..Category: Procedural Law | Date: | Hits: 66
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ion that the deeds as described in the schedule 'Kha' and Ga to the plaint are illegal, collusive, null and void, fraudulent and not binding upon them on the averments that Jagabandhu Shil was the owner of the suit land and after his death his three sons Krishna Kanta, Protap Chandra and Nishi K...... in: VI ADC (2009) 464. ......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ..Category: Property Law | Date: | Hits: 34
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
....e and character of the same in any manner by putting any obstruction e.g., a gate at the entrance of the pathway. They claimed the suit pathway to be in existence for over a century over which the owners of adjacent lands had been enjoying the easement right uninterruptedly, continuously an......(Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Latifur Rahman J Md. Ershad Ali @ Hajee Ershad Ali...............Appellant Vs. Hajee Ashid Ali and others….....Respondents Judgment May 2, 1994. Cases Referred to: ...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ..Category: Procedural Law | Date: | Hits: 64
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....No.202, khatian No.5 (Schedule-kha) and other lands and that Azhar Ali will get .7 acres of land in plot No. 197, khatian No. 3 both of Mouza Dagan Bhuiyan. Accordingly Azhar Ali while in exclusive ownership and possession of his allotted share sold his entire share in khatian No. 3 to Siraj......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and others...........Appellants Vs. Shafukuddin Ahmed and others...............R......no saleable interest in the land of khatian No. 5, plot No. 202 beyond his 8 annas interest i.e. .3½ acres. The plaintiff or his vendors Bashirullah and Hafizullah were never owners and possessors of more than .31/2 acres of land in plot No. 202. The plaintiff is not entitled to any ..Category: Property Law | Date: | Hits: 33
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....n 15.05.2007 and he has agreed to withdraw the case. This amount in total Tk.12,60,000.00 (Taka twelve lac sixty thousand) was paid on behalf of the petitioner and one Mr. A.F.M. Rafiquzzaman, a co-owner of Stock Exchange Member No. 107. The petitioner was Managing Director and Mr. A.F.M. Rafiquz......inur Rahman J Md. Abdul Aziz J Jamil Ahmed Khan……………………………..Petitioner Vs Md. Delwar Hossain and another……………......Respondents Judgment April 21......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ration that the deeds as described in the schedule Kha and Ga to the plaint are illegal, collusive, null and void, fraudulent and not binding upon them on the averments that Jagabandhu Shil was the owner of the suit land and after his death his three sons Krishna Kanta, Protap Chandra and Nishi K...... VI ADC (2009) 424. ......ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ..Category: Property Law | Date: | Hits: 33
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....ssed by the High Court Division in Civil order No. 5531 of 2004 summarily rejecting the revisional application. 2. This case of the plaintiff, in short, is that Radha Ramon Saha was the original owner of the suit land. He died leaving behind son Bagobath and wife Kiron Bala. His another son Ran......nuary 9, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners Respondents-Not represented Civil Petition for Leave to Appeal No.452 of 2006. (From the judgment and order dated 11.04.2006 passed by the High Court Division in civil order No.5531 of 2004) Judg......vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137...Category: Property Law | Date: | Hits: 29
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....er, Mercantile Marine had no residential accommodation in any city or town in Bangladesh and out of his small savings he purchased the above property measuring 0.40 acres from its original recorded owner Abul Hossain and Hasen Ali by four registered kabalas dated 29.9.1978 and 30.9.1978 at a con......Division (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Capt. Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, represented by the ......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) 406. ..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
.... judgment and order has been passed in violation of the provisions of Rules 5 and 6 of Order XXXVIII of the Code of Civil Procedure; that the appellant being the consignee of the buses is the legal owner of the buses and unless and until the shipping documents are retired by the respondent Nos. 2 ...... CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Dhaka Bank Limited…………………………………..Appellant Vs. Monir Hossain and others………….........Respondents Judgment August 25, 2008. Lawyers Involved: ......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....he defendant Nos.1-10 contested the suit by filing written statements denying the material allegations made in the plaint. 4. The case of the defendants are that the defendant No. 12 was the owner of the suit land sold it to the defendant Nos. 1-8 by kabala dated 10.7.1989 and handed over ......ion (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Monowara Begum and others…………………………..Petition......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ..Category: Property Law | Date: | Hits: 27
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
.... denying the plaint case and stating, inter alia, that the suit land was under khatian No.817 Mahiruddin and others were tenant under Hemayetullah. The tenants became defaulter in paying rents, the owner brought the land under his khas khatian under the provision 48(Ga) of the B.T. Act and remain......se is also Reported in: VI ADC (2009) 377. ......e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....n the averments that the suit land belonged to defendant No.1 petitioner who transferred the same to the defendant No.5, the respondent No.6 herein, by kabala dated 28.10.1977 and thus being owner in possession of the suit land the defendant No.5 transferred same to the plaintiff by kabala...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nur Islam Sharif alias Eslam Ali……….........Petitioner Vs. Amjed Ali Molla and others…........Respondents Judgment July 21, 2008. Lawyers Involved......there 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) 373. ..Category: Property Law | Date: | Hits: 26
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ted the appellant to refrain from exhibition of motion picture film since respondent No.3 claimed himself to the Managing Director of the Cinema Hall and as such an enquiry would be held to ascertain ownership of the cinema Hall, the Additional District Magistrate (General and Development) Gazipur b......Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Syeed Ahammed J Md. Nurul Islam Sarker.........Appellant Vs. The Deputy Commissioner, Gazipur and others…......Respondents Judgment May 14, 2002. Result: The Appeal is allowed. ......tion of the condition as are in the order dated 19th November, 1998 which in fact amounts to taking over of the management of the Cinema Hall from the possession of the otherwise rightful owner and possessor and then to manage the Cinema Hall by the licensing authority itself. The licensing author..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....lf of the management committee of the Deity. He further contented that the appellant has fraudulently obtained the ex-parte decree using neither false thumb impression of a lady who was neither the owner nor the Shebait of the Deity and as such he had no authority to execute any bainapatra in fav......r Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mozharul Islam Chowdhury, Advocate……………Appellant Vs Dilip Kumar Roy and others……………………………R......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
.... defendant No.1 contested the suit by filing written statement denying the materials made in the plaint contending, inter alia, that the defendant Nos. 3 and 4 were his benamder and he was the real owner. It was his further case that as benami was not proved, he was entitled to get back the trans......urt Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Sohrab Ali Molla (Md) and others......................Petitioners Vs. Md. Ataur Rahman Talukder and others .......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....ted property is false and without lawful authority and, as such, the appellant-petitioner was constrained to file the suit. 3. The case of the respondent-defendant No.1 is that the previous owner of the suit. 4. The case of respondent-opposite party Nos.2-5 was that their father, R...... also Reported in: 14 BLC (AD) (2009) 101. ......n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....om the date of execution of the agreement. 3. The defendant No. 27 contested the suit by filing written statement denying all the material allegations stating, inter alia, that the recorded owners of the suit property Guru Doyal and Ram Charan Chakraborty left this country in 1965 for Ind......Tafazzul Islam J Md. Joynul Abedin J Md. Ali Bepary and ors.................Petitioners Vs. Garupranjan Chakraborty and others...........R...... 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) 97. ..Category: Property Law | Date: | Hits: 22
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....es without reference to any evidence found that the property in question are common properties and that the auction was not for benefit of all concerned and since both the parties are claiming ownership of the property as co sharers of the common property ends of justice would be met if...... Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mvi. Amzad Ali and others.......Petitioners Vs. Shamsuddin alias Shamsuddoha and others. . . .Respon......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....tlement for release of the said property from the list of abandoned properties and also for a declaration that the said property is not an abandoned property. The writ petitioner was the legal owner of the suit property since 1970. Previously it belonged to her father late Mohammad Ali Megh...... Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ..Category: Property Law | Date: | Hits: 42
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....r of Joint Stock Companies and appellant No. 2. is the Managing Director thereof holding majority shares, that the appellants used to carry on the business of exhibition of Cinema Halls and became owners of the Moon Cinema Hall, that the said Cinema Hall was wrongly declared as an abandoned prop...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, repres......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..Category: Property Law | Date: | Hits: 39
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