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Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....elabo in Title Suit No.6 of 1985. In this appeal, defendant Nos. 1-3 are the appellants while plaintiff Nos. 1 and 2 are the respondents. 2. The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Kha...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors .......... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... granted to consider whether the High Court Division fell into an error in holding that the property in question was not an abandoned property without giving any finding as to whether the original owner was present in Bangladesh or his whereabouts were known when the President's Order 16 of 1972...... represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Respondents. Judgment July 8, 2003. Case Referred to- ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....ing, inter alia, that the suit is not maintainable and the same is bad for defect of parties as well as is barred by limitation and there is no cause of action, that Khemankari Devi, the original owner of 1.15 acres of land of Plot No. 685 settled. 61 acre from the southern side of the plot with...... as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ...... 1 and 2 submit any such document must be fraudulent, forged and not binding on the plaintiffs, that Prabhat chandra Shil the vendor of the defendant Nos. 1 and 2 was a barber and he was a permissive possessor of .10 acre of land under Barada Kanta Chakravarty, that the land in suit was never part..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....llegal. 4. The trial court decreed the suit holding, inter alia, that although the Government had acquired the suit land in the year 1941 the physical possession had been lying with the original owners and that defendant No. 1 entered into the suit land as a tenant under the plaintiffs and as s.............cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...Category: Tenancy Law | Date: | Hits: 124
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
.... to the plaint. This land originally belonged to one Sarojini Chowdhurani in Khas. It is the case of the plaintiff that between 1331 B.S, and 1332 B.S. he took settlement of the land from the said owner on different dates paying usual nazar and rents, but Harop Ali, predecessor-in-interest of th......Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Rimalendu Bikash Roy Choudhury J Mohammad Ali Akhand .......................Appellant Vs. Bahatan Nessa Bewa and others........Respo......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....fourth Court of Subordinate Judge, Dhaka against a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedule property" including plot No. 759 bearing an...... Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgment August 3, 1997. Lawyers Involv......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..Category: Property Law | Date: | Hits: 27
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
.... Bakher Ali Mollah denied the agreement for sale on 15.8.1.978 and its execution and as a defendant said Bakher Ali Mollah did not also state in his written statement that his wife is the owner of 8 annas share in the suit land rather he claimed exclusive ownership therein; that after ...... Present: Mainur Reza Chowdhury J KM Hasan J Syed JR Mudassir Husain J Most. Fatema Khatun......................Appellant Vs. Md. Golam Mostafa and others...................................Respondents Judgment May 22, 2002. ......e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ..Category: Property Law | Date: | Hits: 39
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....t Judge by the judgment and decree dated 21.5.1991 dismissed the suit with the finding that neither of the parties has succeeded in proving the settlement from the original owner without any finding regarding possession although the S.A. record stands in the name of Atul...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003....... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ..Category: Property Law | Date: | Hits: 37
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....d on 20.6.1967, 2.8.1967 and 1.9.1967. Meanwhile notices under section 5(1) of the Act were duly issued signifying the intention of the Government to acquire the lands for the said purpose and the owners of the plots involved were paid initial compensation. 3. On 5 June 1979 the appellan...... Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - Fo...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..Category: Property Law | Date: | Hits: 28
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....is Court was to consider the points raised: "Learned Advocate for the petitioner submits that original R. S. Khatina No. 2324 being in the name of the original owner Kamini, Probodh and six others and suit dag No. 7066 having been recorded in the name of Kam......rd - For the Appellant. Subrate Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 06 of 2001. (From the Judgment and Order dated 2nd December 1999 passed by the High Court Division in Civil Revision No. 182 of 1......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ..Category: Property Law | Date: | Hits: 29
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....reupon the Respondent No. 1 moved the High Court Division in writ jurisdiction questioning legality of the judgment and order of the Court of Settlement. The High Court Division on a finding that the owner of the property i.e. vendor as has never left Bangladesh. The Court of Settlement in holding t......pellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J The Government of People’s Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secreteriat Building, Dhaka…………………..Petitioner Vs. Alhaj......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....junction to restrain the defendants from interfering with his right to be in possession. But the Court refused to grant an injunction on the ground that he could not ask for it against his co-owner. He then prayed for his separate share in all the family properties. It seems to me that he c...... Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....nd order passed by the Court of Settlement. 4. It appears that the High Court Division held that the Court of Settlement did not come to any definite finding as to whether the original owner left the country when President's Order 16 of 1972 came into force and as to whether the abse......reme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, D......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
.... from disturbing the peaceful possession of the plaintiff and her enjoyment of the suit land. 3. Plaintiff's case, in short, is that the suit holding belonged to Sheikh Piru who was the owner the land of C.S. Khatian No. 639 bearing the suit plot and other plots and he died leaving 3...... Division (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Most. Khairunnessa…………..... Appellant. Vs. Atar Banu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- ......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....Appeal Nos. 97 and 98 of 1997 on the following sub-missions:- "The petitioner Rupali Bank Ltd. has inter alia, stated in the leave petition that it is in fact and law the owner in possession of the disputed property. It appeared and filed a power in the writ petition......97 of 1997). Government of Bangladesh, Represented by the Secretary Ministry of Works, Dhaka......... ..Appellant (In Civil Appeal No. 98 of 1997). Vs. Shawkat Ara Salauddin and another.....................Respondent (In both the appeals) Judgment April 5, 20......urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..Category: Property Law | Date: | Hits: 35
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....o an agreement with the "Rally Brothers" for purchase of the said company along with its properties on 23.02.1977 and thereafter, the defendant No. 1 namely the Government became the owner of the property and thereafter the said suit land had been transferred to and vested in Bangl......nbsp; (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J M/S. Nur Mohammad and Company Limited ………………………&hellip......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..Category: Property Law | Date: | Hits: 42
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....aim in the property to the extent of 1/5th of her deceased fathers share, of total land of 1.20 acres and that her share can be fully met from within remaining .46 acres of land which are in email ownership and possession of the two brothers and respondent No. 4 (sister). 9. It is not dis......ivision (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Md. Shafiuddin Miah and another.......................Appellants Vs. Rajdhani Unnayan Kartripakhya and o......spending the plan on the ground of dispute as to title whereas condition No. 2 in the plan itself shows that the sanctioning authority can cancel the sanctioned plan on the ground of dispute as to possessory right namely,........and whether the plan having been sanctioned with the full knowledge..Category: Property Law | Date: | Hits: 35
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....included as a 'debt' as an obligation to render goods by one person to another as in the instant case. If the appellant Aloke Nath Dey being the only survivor of Healadhar Chandra Dey the owner or M/s. Dey Jeweellers' with whom ornaments were kept as securities for loan had a claim to ......llip;... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AI......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....t Nos.1 and 2 contested the suit by filing written statement denying the material allegations made in the plaint and contending inter alia that Mojiruddin and Mohirunnessa were the owners of the suit jot to the extent of 8 and 4 annas respectively and the C.S. records correct......is Case is also Reported in: 1 ADC (2004) 513. ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....g 1940-41 for the purpose of establishing the district headquarters of Noakhali, but the government never took possession of the acquired lands and he purchased the suit land from the admitted owner by three registered kabalas dated 24.3.74 and 24. 12.77. Since then he has been in possessio......Senior, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Review Petition No. 23 of 2001. (From the judgment and Order dated 25 July 2002 passed by the Appellate Division in Civil Appeal No. 75 of 1997). ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ..Category: Property Law | Date: | Hits: 20
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