Search Options
Judgment Advanced Search
Displaying 1221-1240 of 1714 results.
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....judgment and decree dated 30 June 1986 of the Munsif, Sixth Court, Dhaka in Title Suit No. 399 of 1994). 2. It is agreed by both the plaintiffs and the defendant that Banizan Bibi was the original owner of the land described in schedule 'A' to the plaint comprising of 11 acre. She sold the same t......efined exceptional circumstances, such as non-consideration or misreading of material evidence affecting the merit of the case………………………………(11) Cases Referred to- Banga Chandra Dhur Biswas Vs. Jagat Kishore Acharjya Chowdhuri, ILR 44 Cal.186; Rajammal alias Sundarammal a......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..Category: Procedural Law | Date: | Hits: 36
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....ficate from the Court of District Delegate Judge, Dhaka in Succession Certificate Case No. 365 of 1985; Md. Hanif, who drew pension money from the exchequer of the Government upto 31.8.81, was the owner in possession of a house situated at Plot No. 43, Road No.2, Block-B, Section-1, Mirpur Housi......191. ......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ..Category: Property Law | Date: | Hits: 30
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....nt and order dated 10th December, 1996 passed by the High Court Division in Writ Petition No. 1506 of 1989 making the Rule absolute. 2. Short facts are that the writ-petitioner-respondents was the owner of the house known as "Hriday Nibash" within Mymensingh Municipality and the said house was re......nbsp; ......rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ..Category: Property Law | Date: | Hits: 43
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....s filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation. 2. The short fact leading to this appeal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of the suit prop......l) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: ......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
.... realised rents from the tenants of the suit property. 4. Defendant Nos. 3 and 4 tenants of the suit property also filed a separate written statement stating that Lala Ram was the owner in possession of the property in suit and he married Sarna Kumari. Lala Ram permitted Sa......malendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and others....................Respondents Judgment May 2, 1999. Lawyers In......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....ither the respondent nor his predecessor-in-interest was served with notice to surrender possession of the building nor the possession of the same was ever taken over by the Government and that the owner was in physical possession of the building on mutation of his name in the record of right and......dent No. 1 (In Civil Appeal No. 133 of 1997). Not represented - Respondent No. 2-9 (In Civil Appeal No. 133 of 1997). Civil Appeal No. 132 & 133 of 1997. (From the Judgment and Order dated 9-7-1993 passed by the High Court Division in Writ Petition Nos. 648 of 1987 and 41......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
.... appeal is by special leave by the purchaser pre-emptee in an application under section 24 of the Non-Agricultural Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who poss......nt: Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahamed J Mossammat Khursheda Jahan alias Mst. Monju Khorsheda.............Appellant Vs. Jahan Syada Shafinaz and others...................Respondents Judgment March 24, 2002. Lawyers Inv......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....460;রাকীর্ণ ধ্বংসাবিশেষ ইমারত।“ 13. If an owner of agricultural land being affected in natural calamities or being unable to maintain one's l......253. ......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..Category: Procedural Law | Date: | Hits: 75
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....Ahmed centres round the question of separation of the jama by the Preemptors. It has been contended that the pre-emptors, after their purchase of 22½ decimals of lands from the original owner Saralabala Pal in 1969, filed an application before the Revenue-officer for separation of th......B. M. Khairul Huq, Advocate with him), instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). Ex-parte—For the Respondents Nos. 3 and 4 (In both the appeals) Substitution is exempted vide order dated 29-4-85—for the ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
.... appellate Court that these kabuliyats were barga kabuliyats and not kabuliyats creating any tenancy right and that on the expiry of the terms of these kabuliyats the lands were surrendered to the owner. We have considered the evidence in this connection and we find that the kabuliyats were for ......7 DLR (AD) (1985) 193. ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......st of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance of contract of the plaintiff w......to A for no one alleging his own baseness ought to be heard and B is entitled to remain in possession for in pan delicto potior est condition possidentis i.e. in equal fault to the condition of the possessor is more favourable. 10. Analysing the reported decisions the Bombay High Court in ..Category: Property Law | Date: | Hits: 36
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l leave the principal question is whether the decision of the lower Appellate Court, as confirmed in second appeal by the High Court Division, that the holding in question was abandoned by its owner-tenant Priyabala and the Plaintiffs-landlords took khas-possession, thereof under section 87......) (1985) 164. ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....ificate of agency ship and of distributorship of oil- companies otherwise the tender was liable to be rejected. Plaintiff-appellant who claimed to be both dealer of petroleum products and also owner of a petrol pump but respondent No.1, according to her, was only an agent. The order of tempo...... Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....andoned property and that the onus lies on the claimant to show that it is not an abandoned property. The onus will be discharged by showing that on the date of promulgation of P.O No. 16 of 1972 the owner of his Attorney or his representative was in possession of the disputed property and was manag......Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Referred T...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....hat the defendants in paragraph 5 the written statement challenged the contention of the plaintiff that he had 8 annas shares in C.S. 267 and 271. It was asserted that Uli Fakir was the owner of this property 8. No evidence was led by the plaint as to how he acquired this prop......dgment July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the pa......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ..Category: Property Law | Date: | Hits: 38
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....see under the Government and he also was in possession in the disputed property, The petitioner was paying rent to the Government and subsequently he has purchased the property from an illegal owner and it was with his connivance, the record of lease was destroyed for which the Government c......lip;…………………………Accused-Petitioner (on bail) Vs. The State, represented by the Deputy Commissioner, Mymensingh and Others …………Respondents Judgment April 17, 2008. ...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....d. They prayed for dismissal of the suit. 4. Syed Humayun Kabir Khadem; learned Advocate, appearing for the petitioner submitted that admittedly the plaintiffs are the heirs of the original owner and that they have claimed the suit property by way of inheritance; that the plaintiffs are i......vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and others…………………………&hell......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....e market authority maintained car parking space out side the market building keeping the courtyard vacant. 5. The respondent Nos. 3 and 4 for their own interest tried to evict the shop owners from their shops in different occasion but could not succeed. But after promulgation of the ......me Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J A.H.M. Quamruzzaman and others…………………………..Petition......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ..Category: Property Law | Date: | Hits: 38
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......vil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J A. M. M. Ali Ashraf being dead his heirs; 1(Ka) Khodeja Ashraf alias Khodeja Yasmin and others…….Petitioner Vs. Nurun Rashid Chowdhury……&hel......, three daughters named Mst. Momtaz Begum, Noor Jahan Begum, Mother of the plaintiff and jahanara Begum and wife, Rafiza Begum. The plaintiff's mother, Noor Jahan Begum became the title holder and possessor of 2 annas and 17 gandas of the schedule property. Jahanara Begum died unmarried aft..Category: Property Law | Date: | Hits: 32
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....nt Judge, Singra, Natore decreeing the suit. 2. The case of the plaintiff, in short, is that the plaintiff Jobeda Bewa, a widow, used to stay under the care of defendant No.1 and she was the owner of 3.55 acres of land and subsequently when the plaintiff was suffering from paralysis and wa......ip;…………………….Respondents Judgment March 20, 2008. Lawyers Involved: Farooq Ahmed, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. ......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ..Category: Procedural Law | Date: | Hits: 77
32563253324632403237323632273224322132173214321132043200319231883179317831753174