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Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......ition that she purchased the land measuring .70 acres with a two-storiyed residential house at holding No. 10/1 Toyenbee Circular Road, Dhaka pertaining to C.S. Plot No. 33, R.S. Plot Nos. 2411, 2412 & 2413 of C.S. Khatian No. 6147 (U) and R.S. Khatian No. 390 of Mouza Shahar Dhaka in 1951 to th......ondents Judgment November 1, 1989. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that w..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....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. ......er as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......Ali, Advocate-on-Record—For the Appellants. Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondent No.1. Not represented. — Respondent Nos. 2-6 & 8-14. Dead. Substitution exempted vide order dated 28.1.86. —Respondent Nos. 7 & 15. ......l Islam and others............................................Respondents Judgment March 12, 1989. Result: The appeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951), section 96(3)(b) The pre-emptor respondent prayed for leave to deposit the balance considera..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......resent: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J Aftabuddin …................................................................Appellant Vs. Mahfuzus Sobhan & others..............................................Respondents Judgment February 7, 1......han & others..............................................Respondents Judgment February 7, 1989. Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction..Category: Property Law | Date: | Hits: 30
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... 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. ......rder as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......d recovery of possession was barred by res judiciata. In view of explanation IV of section 11 of the Code of Civil Procedure the High Court Division was correct in taking the view………………(5 & 8) Lawyers Involved: M.H. Khandker Senior Advocate, instructed by Sharifuddin Chaklader......and recovery of possession was barred by res judiciata. In view of explanation IV of section 11 of the Code of Civil Procedure the High Court Division was correct in taking the view………………(5 & 8) Lawyers Involved: M.H. Khandker Senior Advocate, instructed by Sharifuddin Chaklad..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......hout any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......Vs Abdul Wahab and others.................Respondents Judgment December 12, 1988. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (v of 1908), Order XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by th...... Advocate-on-Record—For the Respondent No. 1. M. A. Rouf, Advocate instructÂed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent Nos. 2 and 3. Ex parte—Respondent Nos. 4 and 5. Civil Appeal No. 2 of 1985. (From the judgment and decree dated 22.3.1984 passed by the Hig..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......n this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......r………………….(11) Cases Referred to— Md. Tazammul Hossain Vs. Purni Agarwalini 10 DLR 318; Md. Magdu Bhuiya Vs. Jabban Huq 11 DLR 355; Md. Habibullah Patwari Vs. Pran Ballav Bhakta & others 9 DLR 119; Sree Jugal Kishori Sarker Vs. Azizur Rahman & ors., 40 DLR (AD) 150. ......ion to purchase the share of the stranger-purchaser………………….(11) Cases Referred to— Md. Tazammul Hossain Vs. Purni Agarwalini 10 DLR 318; Md. Magdu Bhuiya Vs. Jabban Huq 11 DLR 355; Md. Habibullah Patwari Vs. Pran Ballav Bhakta & others 9 DLR 119; Sree Jugal Kishori Sarker ..Category: Property Law | Date: | Hits: 45
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....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 ......rt, 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 ......ns of the appellant and hence set aside the judgments and orders of the Courts below and allowed the Miscellaneous Case and restored the Title Suit to its file and number subject to payment of Taka 2,500/- towards the respondent's legal expenses…………………(5) Lawyers Involved: Khandke..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. ...... as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ...... his own settlement was completed. Thus he 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,......he Appellant. Kazi Ebadul Hoque, Advocate-on-Record-For Respondent No. 1. Ex-parte.-Respondent Nos. 2 & 3. Civil Appeal No. 62 of 1986. (From the Judgment and Order dated 19 August 1985 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 325 of 1984.) Judgm..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......osts. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......d in: 42 DLR (AD) (1990) 18. ......d kabalas, the property described in the schedule to the plaint. Later on, it was found that defendant Nos. 1-4 were not the real owners of the said property but the real ownÂers were defendant Nos. 5-9 who were the brother's sons of Sabitri Bala's husband. It is from them that the plaintiffs claim..Category: Property Law | Date: | Hits: 85
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....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. ......der as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......lso reported in: 42 DLR (AD) (1990) 01. ............. Appellants Vs Akhtaruzzaman & Others ..................Respondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian is certainly a co-..Category: Property Law | Date: | Hits: 36
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......t
Appellate Division
(Civil)
Present:
Kemaluddin Hossain CJ
Fazle Munim J
Managing ComÂmittee N.M.C. Model High School & others………….Appellants
Vs.
Obaidur Rahman Chowdhury & others………….Respondents
Judgment
February 8, 1978.
Result:......s also Reported in: 31 DLR (AD) (1979) 133.......baidur Rahman Chowdhury & others………….Respondents
Judgment
February 8, 1978.
Result:
The appeal is dismissed.
Cases Referred To-
Charan Das Vs. Amir Khan, AIR 1921 PC 50; Keramat Ali Vs. Muhammad Younus Haji, PLD 1963 (SC) 191=15 DLR (SC) 120; Golam Hafez Meah Vs. Kh..
Category: Property Law | Date: | Hits: 36
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... 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.......cation under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consideration of Taka 6,000.00. This application at the instance of th......d Ahmed Molla………….Appellant Vs. Halima Begum and others..............Respondents Judgment March 8, 1977. Cases Referred To- Joychand Lal Babu Vs. Kamalakasba Chowdhury & others, 53 CWN (PC) 552; N.S. Venkatagiri Ayyangar & another Vs. The Hindu Religions Endow......€¦â€¦â€¦â€¦.Appellant Vs. Halima Begum and others..............Respondents Judgment March 8, 1977. Cases Referred To- Joychand Lal Babu Vs. Kamalakasba Chowdhury & others, 53 CWN (PC) 552; N.S. Venkatagiri Ayyangar & another Vs. The Hindu Religions Endowments Board, M..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... 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. ......This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... 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. ...... Ali and another..............Respondents Judgment December 6, 1978. Result: The appeal is allowed. Cases 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, Adv..Category: Property Law | Date: | Hits: 34
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......(1962) 14 DLR 847; 17 DLR 618; 19 DLR 659; 21 DLR 647; 22 DLR 64; 26 DLR 93; 21 DLR (AD) 5; 38 CWN 288; 38 CWN 654; 43 CWN 200. Lawyers Involved: M. H. Khondker, Senior Advocate with Shafiqur Rahman, Advocate, Instructed by A. Backkar, Advocate-on-Record - For the Appellants. Ahmad Subha......ar, Advocate-on-Record - For the Appellants. Ahmad Subhan, Senior Advocate, with Md. Ruhul Amin, A. B. M. Rafiqullah, Advocates instructed by Aminul Huq, Advocate-on Record - For Respondents No.1 & 2. Not Represented - Respondent Nos. 3-19. Civil Appeal No. 24 of 1977 (From the j......n Sepal (1961) 13 DLR 323; Syed Abdul Karim Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; Salimuddin Mondal Vs. Mahitosh Biswas (1962) 14 DLR 796; Brojendra Chandra Saha Vs. Debendra Chandra Saha (1965) 17 DLR 618; Mosammat Asimon Nessa Vs. Md. Akbar Ali Sheikh (1967) 19 DLR 639; Ruhul Amin Mestory ..Category: Property Law | Date: | Hits: 32
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... 8. The petition is dismissed. Ed. ......Petition for Leave to Appeal No. 90 of 2003 (From the judgment and order dated 3rd August 2002 passed by the High Court Division in Civil Revision No. 1740 of 1995). Judgment: Mohammad Fazlul Karim J. - The added defendant No. 3 as the petitioner see......27 June 2004 Civil Petition for Leave to Appeal No. 90 of 2003 (From the judgment and order dated 3rd August 2002 passed by the High Court Division in Civil Revision No. 1740 of 1995). Judgment: Mohammad Fazlul Karim J. - The added defendant..Category: Property Law | Date: | Hits: 24
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......001 discharging the Rule. 2. The facts leading to the leave petition are that the predecessor of the respondents as plaintiff instituted Other Class Suit No. 151 of 1995 against one Fazlur Rahman predecessor in interest of the petitioners as defendant praying for declaration that the dee.....................Respondents Judgment May 8, 2004. Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-Record- For the petitioners Not represented- the Respondents Civil Petition for Leave to Appeal N...... Not represented- the Respondents Civil Petition for Leave to Appeal No.798 of 2003 (From the judgment and order dated 15.04.2003 passed by the High Court Division in Civil Revision No. 492 of 2001). Judgment ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......down in Mahomed Golab's case considered to be the correct proposition of law regarding the scope of the suit seeking setting aside of the ex parte decree on the ground of fraud. In the case of Azizur Rahman Vs. Sudhangshu Kumar Mitra and another reported in 4 DLR, 636 scope of the suit filed seeking...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......sented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. Judgment June 20, 2005. Cases Referred to- Mahomed Golab vs. Mahomed Sulliman ILR 21 Calcutta series, 612. Flower v..Category: Property Law | Date: | Hits: 38
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......order as to costs. Ed. ......appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......sp; MM Ruhul Amin J Mustafizur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 3..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......ppellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Tahedul Islam (Md) and others..........................Appellants vs Md. Mojibar Rahman and others.........................Respondents Judgment November 22, 2005. ......with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... J Tahedul Islam (Md) and others..........................Appellants vs Md. Mojibar Rahman and others.........................Respondents Judgment November 22, 2005. Cases Referred to- Parsotim and others vs Lai Mohar and others 58 Indian Appeals, ..Category: Property Law | Date: | Hits: 36
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......onditions before a contract is concluded. In England, “the distinction is sometimes expressed in judicial language by the contrast of an "offer" with that of an "invitation to treat." (See Cheshire & Fifoot, Law of Contracts-P 20 1945 Edn.). Bowen, LJ. Said:— "It is not like cases in w......1, 1989. Result: The appeal is allowed. The Bangladesh House Building Finance Corporation Order, 1973 (P.O. 7 of 1973), article 37 The Transfer of Property Act, 1882 (IV of 1882), section 58 The Stamp Act, 1899 (2 of 1899), Section 2(17) It is now well settled that a mortgagee, in ..Category: Property Law | Date: | Hits: 41
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