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Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ...... not accept any such declaration without examining at least one witness to prove the declaration and the circumstance leading to such declaration……………..(16) Cases Referred to- Abdur Rahman Khan Vs. Deputy Commissioner, Jessore, PLD 1968 Dhaka 367; Tanbir Ahmed Siddiky Vs. Provinc...... Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Dr. Syed Matiur Rob being dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the ......s it difficult to draw a definitive inference or conclusion from the assertion of the petitioner then it will be a case where the petitioner has failed to discharge his onus probandi…………….(15) Declaration as to the fact that the appellant is the only son and heir of the original owner, ..Category: Property Law | Date: | Hits: 32
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......eals are dismissed without any order as to cost. Ed. ......vil) Present: A.T.M.Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sree Amulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder...... Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sree Amulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) ..Category: Property Law | Date: | Hits: 106
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......Senior Advocate, (Dr. A. K. M. Ali, Advocate with him) instructed by Md. Altab Hossain, Advocate-on-Record-for the Respondent No. 1 Not Represented-Respondent No. 2 Judgement: &nbs......mirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. ..Category: Property Law | Date: | Hits: 31
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......vil) Present: Md. Ruhul Amin J MM Ruhul Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and oth­ers.....Respondents Judgment May 17, 2005. Lawyers Involved: ......l Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and others.....Respondents Judgment May 17, 2005. Lawyers Involved: Md. Abdul Majid, Advocate, instructed by Md. Aftab Hossain, A..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ....................Appellant Vs. Swaraswati Roy alias Srimati Swaraswati Roy and others............Respondents Judgment October 31, 2004 Lawyers Involved: M.K. Rahman, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Appellant ......e Respondents Civil Appeal No. 234 of 2003 (From the Judgment and Order dated August 17, 2002 passed by the Appellate Division in Civil Appeal No. 151 of 2000) Judgment: &nb......b Hossain, Advocate-on-Record-For the Respondents Civil Appeal No. 234 of 2003 (From the Judgment and Order dated August 17, 2002 passed by the Appellate Division in Civil Appeal No. 151 of 2000) Judgment: &nb..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......er as to costs. Ed. ......arch 21, 2006. Cases Referred To- Mir Laik Ali vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287; Md. Abu Bakar Mollah vs. Abdul Majid Moral (2201) 6 MLR (AD) 151; Md. Naimuddin Sarder @ Naimuddin Sarder vs. Md. Abdul Kalam Biswas 39 DLR (AD) 237 Lawye..Category: Property Law | Date: | Hits: 23
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......ent Nos. 2-11. Civil Appeal No. 269 of 2001 (From the Judgment and Order dated 01.04.1996 passed by the High Court Division in Civil Revision No. 473 of 1981) Judgment: M......ases Referred to- Ramdhari Rai Vs. Gorakh Rai, AIR 1931 (Patna) 236; Shahid Nasim and 2 other Vs. Syeda Imtiaz Khatoon, PLD 1997 (Lahore) 243; Umedewal Moti Ram vs. Deva ILR (1866) 2 Bombay 547. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S...Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... ......erred to- Perusal Rani Sen Gupta Vs. Bangladesh (1983) 3 BLD(AD) 277; Bangladesh, represented by the Secretary, Ministry of Housing and Public Works and another Vs. Shirely Anny Ansari, 52 DLR(AD) 180; Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ..Category: Property Law | Date: | Hits: 43
....g the rules absolute. The judgment therefore does not
call for our interference.
In view of the
discussion made above, the appeals are dismissed without any order of to costs.
Ed.
......9 of 2002)
Serajul Haque &
anr.......................Respondents
(In C. A. No 250 of 2002)
Judgment
May 22, 2006
Lawyers
Involved:
Sk.
Awsaful Rahman, Advocate, instructed by
Sufia Khatun, Advocate-on-Record-For the Appellants (In all the cas......ivil)
Present
Syed
J. R. Mudassir Husain CJ
M.M.
Ruhul Amin J
Amirul
Kabir Chowdhury J
Chairman, Board of Intermediate
and Secondary Education, Jessore and oth­ers.......... Appellants (In all the
cases)
vs
Golam Quddus &
anr...Respond......l the
cases)
vs
Golam Quddus &
anr...Respondents (In C.A. No. 244 of 2002)
Abul Kalam Azad being
dead his heirs: -Badira Begum and & ors...Respondents (In C. A. No. 245 of
2002)
Md. Tofazzal Hossain
& anr.......Respondents (In C. A. No 246 of 2002)
..
Category: Property Law | Date: | Hits: 32
....er
alluvion.
In the light of the
discussions made hereinabove we find no merit in the appeal.
Accordingly the appeal
is dismissed. There is no order as to costs.
Ed.
......llip;...Respondents
Judgment
April 9, 2006
Case Referred To-
Abdul Mannan vs.
Kulada Ranjan Mowali 31 DLR (AD) 195.
Lawyers
Involved:
A. H.
M. Mushfiqur Rahman, Deputy Attorney General, instructed by Mvi. Md.
Wahidullah, Advocate-on-Record-For the Appe......d.
......llip;…………………...Respondents
Judgment
April 9, 2006
Case Referred To-
Abdul Mannan vs.
Kulada Ranjan Mowali 31 DLR (AD) 195.
Lawyers
Involved:
A. H.
M. Mushfiqur Rahman, Deputy Attorney General, instructed ..
Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......s Judgment March 23, 2006 Lawyers Involved: Md. Fazlul karim, Senior Advocate, instructed by Md. Nawab All Advocate-on-Record-For Respondent No. 1 Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For Respondent No. 1 ...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Siraj Mondal @ Md. Sirajuddin Mondal and other.............Appellants Vs Mosammat Miration Nessa and oth­ers..................Respondents Judgment March 23, 2006 Lawyers Involv......spondent No. 1 Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-8 Civil Appeal No. 588 of 2001 (From the Judgment and Order dated March 29, 1998 passed by the High Court Divis..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....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. ......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. ......nt: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Republic Works and Urban Development…………………….........Appellant Vs ...... M. M.Ruhul Amin J. - This appeal by leave is directed against the judgment and decree dated 08.02.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 1608 of 1992 dischargi..Category: Property Law | Date: | Hits: 34
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....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. ......ain CJ M. A. Aziz J Amirul Kabir Chowdhury J Md. Abdul Mannan Akanda…………………….....Petitioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement April1 0, 2004......d. ...... Amirul Kabir Chowdhury J. - This is a petition for review of the judgment and order dated 14.5.2002 dismissing the Civil petition for Leave to Appeal No. 495 of 2000 filed by the petitioner. T..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 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. ...... 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. ......upreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Government of Bangladesh & Ors……...Appellants vs A. S. M. Firoj Uddin Bhuiyan being dead his ......passed the High Court Division discharging the rule against judgment and decree passed by the Additional District Judge, Second Court, Dhaka in Title Appeal No. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The prede..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....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. ......and others…………..........Respondents. Judgement May 25, 2004. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on–Record- For the Appellants Shahid Ahmed, Advocate, instruc......Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. Judgement May 25, 2004. ......dal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. Judgement May 25, 2004. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mah..Category: Property Law | Date: | Hits: 32
....wed. The suit is
sent back to the trial Court for disposal in the light of the direction made
hereinabove. The record of the trial Court be sent down.
There is no order as to costs.
Ed.
......wed. The suit is
sent back to the trial Court for disposal in the light of the direction made
hereinabove. The record of the trial Court be sent down.
There is no order as to costs.
Ed.
......to costs.
Ed.
......, Estate Officer, Bangladesh
Railway……………......Appellant
Vs
A.P.M. Basher, Advocate and others .........Respondents
Judgement
February 25,
2004.
Lawyers Involved:
Shaheed Alam, Advocate,
instructed by Chowdhury Md. Zahan..
Category: Property Law | Date: | Hits: 32
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....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. ......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. ......ts. Ed. ...... Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involved: Saiah Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advoc..Category: Property Law | Date: | Hits: 38
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....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. ......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases......Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referred to- ...... Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referred to- 41 DLR (AD) 1997; Malik Din and another Vs. Mohammad Aslam, 21 DLR, 95; Alauddin Mia and another Vs. Abdul Latif and others, 9 DLR, 357. Lawyers Involved: ..Category: Property Law | Date: | Hits: 48
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......— For the Respondent. Civil Appeal No. 19 of 1988. (From the judgment and order dated 10.12.1986 passed by the High Court Division, Dhaka in Civil Revision No. 255 of 1986). Judgment MH Rahman J.- This appeal by special leave, at the instance of the plaintiff-appellant M/s. Channel Cin...........................Defendant-Respondent Judgment December 6, 1989. Result: The appeal is dismissed. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(1)(e) Words & Phrases. The trial court decreed the suit on the ground of bona fide requirements however t...... Badrul Haider Chowdhury CJ Shahabuddin Ahmed J ATM Afzal J Mustafa Kamal J Channel Cinema Ltd. represented by Managing Director having office at Madhumita Cinema Hall Building, 158-160 Motijheel C/A. Dhaka................Plaintiff-Appellant. Vs. Chowdhury Golam Malek, son..Category: Property Law | Date: | Hits: 64
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....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. ......has been held by the Supreme Court of Pakistan that if the person concerned has full knowledge of the contents of an order (of requisition) service of the notice on him is not necessary. Hamoodur Rahman, J. however held that although non-service of the order will not render the order itself in......pellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his......zle Karim and others.......... Plaintiff-Respondents Judgment November 26, 1989. Result: The appeal is allowed. The Emergency Requisition of Property Act (XIII of 1948) Sections 3, 4, 5, 5A, 5(1a)(3), 7 & 14(A) There was neither any evidence that public notice was not served n..Category: Property Law | Date: | Hits: 38
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