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Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....sion requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......llip;……….Respondent Judgement March 24, 2004. Case Referred to- Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved A. J. Mohammad Ali. Additional Attorney General, instructed by Sajjadul Huq, Advocate-On-Record- For the Appellan......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....hich requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....ion is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......ip;….....Petitioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement April1 0, 2004. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Mvi. Md. Wahidullah, Advocate--on-Record......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....d without any order as to costs. Ed. ...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ...... Judgement February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate -on-Record- For the Appellants...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
.... this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......y order as to costs. Ed. ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ...... Judgement January 1, 2005. Lawyers Involved: Khandhker Mahbubuddin Ahmed, Senior Advocate (Mustafa Niaz Muhammad, Senior Advocate with him) instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioner A.S.M. Khalequzzaman, Advocate-on-Record-......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......n fixed in Ext. 7. The court of appeal below on perusal of Exts.7 (a) and 7(b) held that the Ext. 7(b) is not a pattani likhan, but it appears to be a receipt for deposit of money through one Rajab Ali Sikder, for an area of land measuring 2.09 acres of land. The appellate court below further he...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....de hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......e Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involved: Saiah Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant. Fida M. Kamal, Additional Attorney Genera......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....ed. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......to C.S. recorded tenant Monohar Ghosh and on the death of Monahar Ghosh his interest devolved upon his daughter Charubala who settled 41 decimals of land (including the land in suit) to one Taiyab Ali on 10th Baisakh, 1357 B. S. and in his name S. A. record was prepared and he possessed the land......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..Category: Property Law | Date: | Hits: 48
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
.... Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......un, Advocate-on-Record- For the Petitioners Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No. 1 Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 15 & 16 ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
.... Appellate Division (Civil) Present: Md Ruhul Amin J Md Fazlul Karim J M.M. Ruhul Amin J Shahanaz Begum.....................Petitioner Vs Md. Kutubuddin and others.......Respondents Judgment August 29, 2007. Lawyers ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... Shahanaz Begum.....................Petitioner Vs Md. Kutubuddin and others.......Respondents Judgment August 29, 2007. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Petitioner ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 31
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....e Act is inexorably attracted and it was barred. Cases Referred to— AIR 1973 S.C. 552; AIR 1975 Allahabad 202; AIR 1976 PunÂjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Co......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......lants. Rafique-Ul-Huq, Senior Advocate (M. Gholam Rabbani, Senior Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent Nos. 1(a) to 1(g) and 2. Mohammad Ali, Advocate inÂstructed by Abu Backkar, Advocate-on-Record—For Respondent No.3. Civil Appeal......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....gh Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by Syed Sukhawat Ali, Advocate-on-Record—For the Appellants. Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondent No.1......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......e learned Munsif rightly granted the prayer and the High Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by Syed Sukhawat Ali, Advocate-on-Record—For the Appellants. Shah Md. Sharif, Advocate instructed by Mvi. Md. Wa......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....”For the Appellant. A.W. Bhuiyan, Additional Attorney General, inÂstructed by A.W. Mallik, Advocate-on-Record—For the Respondent No 1. Salehuzzaman, Deputy Attorney General, inÂstructed by Md. Aftab Hossain, Advocate-on- Record—For the Respondent Nos. 2(a)-2(c), 9(a)-9(d),16(a)-16(b) 19...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......No 1. Salehuzzaman, Deputy Attorney General, inÂstructed by Md. Aftab Hossain, Advocate-on- Record—For the Respondent Nos. 2(a)-2(c), 9(a)-9(d),16(a)-16(b) 19(a)-19(f), 24(a)-24(c). M. Nawab Ali, Advocate-on-Record—For ReÂspondent Nos. 3-6 and 10 Ex parte—Respondent Nos. 7, 8, 11-15...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..Category: Property Law | Date: | Hits: 35
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....(1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......e having parted with the land under proposed settlement, he was not entitled to an order of injunction to maintain his alleged possession……………….(7 & 8) Lawyers Involved: Shaukat Ali Khan, Senior Advocate, instructed by A. Baset Majumder, Advocate-on-Record-For the Appellant. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....nvolved: M. H. Khondkar, Senior Advocate (A. J. Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. Awlad Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record— For Respondent No. 1. Ex-parte.—Respondent Nos. 2—24.......t, the appeal is allowed. The orÂder for pre-emption is set aside and the MiscellaneÂous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......ng the petitioner to get pre-emption for defect of party in the case pointed out at the earliest opportunity……………(6) Lawyers Involved: M. H. Khondkar, Senior Advocate (A. J. Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant......t, the appeal is allowed. The orÂder for pre-emption is set aside and the MiscellaneÂous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
Category: Property Law | Date: | Hits: 36
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....34, while the appellant and the said Khan Brothers were the recorded co-sharer tenants in the holding, the co-sharer Khan Brothers sold their share by a registered kabala dated 3.12.66 to a stranger, Md. Khalilur Rahman, Respondent No.4, for consideration of Taka 6,000.00. The appellant was served w...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......chand Lal Babu Vs. Kamalakasba Chowdhury & others, 53 CWN (PC) 552; N.S. Venkatagiri Ayyangar & another Vs. The Hindu Religions Endowments Board, Madras, 53 CWN (PC) 458; Ramjan Khan @ Ramjan Ali Khan Vs. Obaidul Huq Chowdhury & others, 28 DLR (AD) 57. Lawyers Involved: M.H. Khan......S. Khatian No.38 of the said mouza. The said two plots, namely, 1202 and 1203, were recorded in possession of Abdus Samad and the said C. S. Khatian were finally published on 13.5.1927. Delwar Shaikh alias Delwar Hosssin alias Delwar Ahmed, brother of the recorded tenant Abdus Samad and husband of S..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....es Referred to- Muhammad Meherali Mondal Vs. Muhammad Karim Ali Sarkar (1965) 17 DLR 365; Abdur Rahman Vs. Baser Ali (1969) 21 DLR 99. Lawyers Involved: M.A. Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Responden...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ KM Sobhan J Badrul Haider Chowdhury J Abdur Rahman @ Abdul Rahman..............Appellant Vs. Maklis Ali and another..............Respondents Judgment December 6, 1978. Result: The appea...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..Category: Property Law | Date: | Hits: 34