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

.... 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. ......or no interference. Accordingly, the appeal is dismissed with costs. Ed. ......t: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Chowdhury J Abdul Wahed ........................................Appellant Vs. Arun Kumar Ganguly & others……..............Respondents. Judgment June 7, 1999. ......il Revision No. 128 of 1990 (Barisal) making the Rule absolute in part, thereby setting aside the judgment and decree dated 9.9.1990 passed by the Subordinate Judge, Patuakhali in Title Appeal No. 157 of 1985 reversing the judgment and decree dated 31.8.95 passed by the learned Munsif, Bauphal in..

Category: Property Law | Date: | Hits: 35

Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)

....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ...... The appeal is therefore allowed without any order as to costs. Ed. ......For the respondent. Civil Appeal No. 74 of 1993 (From the judgment and order dated 7-2-93 passed by the High Court Division in Civil Revision No. 705 of 1991). Judgment:                   M......fa Kamal J Latifur Rahman J Monzur Murshed .............................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by..

Category: Property Law | Date: | Hits: 33

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

.... 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. ...... 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. ...... 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. ......Appellant Sk. Razaque Ali, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent Nos. 1, 2, 6, 8, 11-13. M.G. Bhuiyan, Advocate-on-Record- For Respondent Nos. 3, 5, 7, 9, 10. Not represented -Respondent No.4 Civil Appeal No. 57 of 2003. (From the Judgme..

Category: Property Law | Date: | Hits: 42

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

....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. ......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. ...... Judgement 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-Respondent......d by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-Respondents. Civil Petition For Leave to Appeal No. 902 of 2004. (From the judgment and order dated 25th February, 2004 passed by the High Court Division in Civil Revision No. 415 of 2005) Judg..

Category: Property Law | Date: | Hits: 28

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ...... Appeal No. 64 of 2004) Judgment July 25, 2006 Result: All the three appeals are allowed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Mahbubur Rahman. Advocate-on-Record-For the Appellant (In Civil Appeal Nos. 62-63 of 2005). Fida M. Kamal,...... Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul J Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda………………Appellant Vs. Syeda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweate......f land and others……………………………………Appellant Vs. Syeda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 64 of 2004) Judgment July 25, 2006 Result: All the three appeals are allowed. Lawyers Involved: Khandker Mahbubuddi..

Category: Property Law | Date: | Hits: 91

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

.... 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. ...... 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. ......on on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... Vs Md. Safiruddin and others…………………………….Respondents (In both the cases) Judgment: April 20, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners (In both th..

Category: Property Law | Date: | Hits: 27

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

....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. ......l) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents Judgment January 7, 2008. The Co...... prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declaration of title and recovery of possession will not change the nature and character of the suit…..(9) Lawyers Involved: Mustafa Niaz Muhammad, Senior Advocate, instructed b......, Advocate-on- Record—For the Appellants. Md. Khurshid Alam Khan, Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record —For the Respondents. Civil Appeal No. 155 of 2003. (From the judgment and order dated 5-12-2001 passed by the High Court Division..

Category: Property Law | Date: | Hits: 39

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

....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. ......s of Haji Abdul Mazid and Abdul Kadir, son of Abdul Karim, in 12 annas and 4 annas shares respectively. Abdul Karim, while possessing Dag No. 7432 died leaving behind five sons, Abdul Kadir, Abdur Rahman, Abdul Latif, Abdul Aziz, Abdul Hamid and widow Mofizunnessa as his heirs. Thereafter, Mofiz...... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.........3 passed by the learned Subordinate Judge (now Joint District Judge), Artha Rin Adalat, Sylhet in Title Suit No. 71 of 1991 dismissing the suit. 2. The plaintiff instituted Title Suit No. 85 of 1983 in the 2nd Court of Subordinate Judge (now Joint District Judge), Sylhet praying for part..

Category: Property Law | Date: | Hits: 48

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

....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. ...........Respondents Judgment September 6 2007. Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Mvi Md. Wahidullah, Advocate-on-Record—For the Appellant. Habibul Islam Bhuiyan, Senior Advocate, instructed by Zahiru......sion Bench of the High Court Division in Writ Petition No, 3827 of 1998 dischar­ging the Rule. 2. The writ petition was filed impugning Memo No. AJRPOHO/Revenue/JA:MA/14/6/ll/ 981958 dated 1-11-1998 issued by the respondent No. 2 purportedly granting lease of Balumahal located w..

Category: Property Law | Date: | Hits: 43

Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)

....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ...... Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. Lawyers Involved......07. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner   Saleemullah Advocate, instructed by Sufia Khatun, Advocate-on-Record- Respondent Nos. 1-5       Not represented- Respondent Nos. 6-8   ..

Category: Property Law | Date: | Hits: 36

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......tioners Vs. Narayan Chandra Das.........Respondent Judgment August 2, 2007. Lawyers Involved: A. Y. Ahmed Ali Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the R...... Lawyers Involved: A. Y. Ahmed Ali Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent  Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and or......e Respondent  Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004 passed by the High Court Division in Civil Petition No.3656 of 2003). Judgment           &nbs..

Category: Property Law | Date: | Hits: 28

Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)

.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..................Petitioner Vs. Md. Ahamed Ali and others........................ ...........Respondents Judgment May 22, 2007 Lawyers Involved: Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner N.H. Khandaker, Advocate-on-Record- For the ...... Judgment May 22, 2007 Lawyers Involved: Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner N.H. Khandaker, Advocate-on-Record- For the Respondent No.1                &nbs......or the Respondent Nos. 2-6                Civil   Petition for Leave   to Appeal No. 1427 of 2005 From the judgment and order dated the 26th June, 2004 passed by the High Court Division in..

Category: Property Law | Date: | Hits: 51

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ...... Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Huq Huq, Senior Advocate (Khondker Mahbubuddin Ahmed, Senior Advocate and S. M. Manir, Advocate with him) instructed by, Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Mahmudul Islam, Senior Advocate instructed by M......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ...... For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent. Not represented-Nos. 9-21. Civil Petition for Leave to Appeal No. 855 of 2004 (From the judgment and order dated 20.04.2004 passed by the High Court Division in F. ..

Category: Property Law | Date: | Hits: 75

Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)

....sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Mohammad Miah......................Petitioner Vs Atiar Rahman Miah................Respondent Judgment February 11, 2004 Lawyers Invo...... February 11, 2004 Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate instructed by Mohd. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- Respondent          Civil Petition for Leave to Appeal N......ioner Not represented- Respondent          Civil Petition for Leave to Appeal No. 1298 of 2002 (From the judgment and order dated 15.06.2002 passed by the High Court Division in Civil Revision No.3857 of 1998.) Judgment: ..

Category: Property Law | Date: | Hits: 30

Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)

.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......s...............................Respondents Judgment February 9, 2004. Lawyers Involved: AKM Shahidul Huq, Advocate-on-Record- For the Petitioners Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1        &nb......ave petition is dismissed. Ed. ......;  M.M. Ruhul Amin J.- This petition for leave to appeal is directed against the judgment and order dated 03.12.2001 passed by a Single Bench of the High Court Division in Civil Revision No.1453 of 1997 discharging the Rule and thereby affirming the judgment and decree dated 17.10.1996 pass..

Category: Property Law | Date: | Hits: 39

Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)

.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......76. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, appeared on behalf of Md. Fazlul Karim, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners  Not represented- The Respondents Civil Review Petition No.6 of 2006. ......Deputy Commissioner, Netrokona and others....................................................Respondents Judgment January 29, 2007. Cases Referred to- 16 DLR (SC) 281; 25 DLR (HC) 476. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, appeared on ..

Category: Property Law | Date: | Hits: 46

Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)

.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Bhup Narain Singh vs. Gokul Chand Mahton AIR 1934 PC 68; Shankarlal Narayandas Mundade vs. New Mofussil Co Ltd AIR 1946 PC 97; Minhazuddin Talukdar vs. Abdul Jalil Howlader 3 MLR (AD) 58; Hafizur Rahman vs Bangladesh 47 DLR 583; Haq Brothers vs Shamsul Haque 39 DLR 290; Khurshid Ali vs Noorjaha......on (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Joynab Begum and others... .....................Appellants Vs. Shaheb Ali Akunji & others ..............Respondents Judgment April 26, 2006. The Code o.......Appellants Vs. Shaheb Ali Akunji & others ..............Respondents Judgment April 26, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of facts arrived at by the courts below cannot be disturbed unless the..

Category: Property Law | Date: | Hits: 41

Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)

....mity 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: 60 DLR (AD) (2008) 9. ......ed land, the suit for permanent injunction against the Government is not maintainable by such trespasser …………….(5) Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record—For the Petitioner. Zainul Abedin, Advocate-on-Record&mdas...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deput...... Judgment January 24, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 is..

Category: Property Law | Date: | Hits: 37

Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... Nawab Abdul Malik Jute Mills Ltd........Respondent Judgment March 14, 2007. Result: The Appeal is allowed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), Section 5(7) Once the property is acquired and gazette notification is published under section 5(7) of th..

Category: Property Law | Date: | Hits: 46

Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)

....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......o cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ...... Mahmuda Khatoon.....…………………………….....Respondent Judgment November 27,1989. Result: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed.............Appellant Vs. Begum Mahmuda Khatoon.....…………………………….....Respondent Judgment November 27,1989. Result: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement..

Category: Property Law | Date: | Hits: 80