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Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)

....d the trial Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous land holders of the land under pre-emption. On appeal, the Court of appeal below found that the disputed property is a compact block of land and the plots are contiguous to each other and also c..

Category: Property Law | Date: | Hits: 21

Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)

....eral for the appella­nts and Mr. Khandker Mahbubuddin Ahmed, the learned Counsel for respondent No. 2 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that an area of 1.26 acres of land situated in Mouza South Kattali, PS Pahartali, District-..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)

....notice the property cannot be treated as an abandoned property. 12. It may be mentioned the High Court Division while making the Rule absolute has observed "in the instant case it is not disputed that no notice was issued upon the petitioner before enlisting the property in the ‘..

Category: Property Law | Date: | Hits: 32

Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)

....cation to have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which ..

Category: Business or Commercial Law | Date: | Hits: 89

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....hammad himself for the year 1351 BS on 5-7-1351 BS Exhibit 1(1) and for the years 1354 BS, 1353 BS and 1352 BS on 8-8-1354 BS (Exhibit 1) showing their continuous possession following title in the disputed land and though in the paper it is mentioned about the incorporation of Exhibits 1-1(1) se..

Category: Property Law | Date: | Hits: 25

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....riginal tenant Abdul Motalib when defendant No.1 in his deposition has stated that he is Managing Partner of the defendant No.2, a firm registered in the office of the Registrar of Firms. 8. The undisputed fact is that defendant No.1’s father Abdul Motalib was a monthly tenant of the premises i..

Category: Tenancy Law | Date: | Hits: 169

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....ent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the numbers of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Chittagong long befo..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

....ttorney General for the appellants and Mr. T. H. Khan, the learned Counsel for respondent Nos.1-3 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that by gazette notification dated 20.02.1950 the total area of C. S. Plot No.533 (suit pl..

Category: Property Law | Date: | Hits: 25

Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)

....d Mr. Bivash Chandra Biswas, the learned Advocate-on- Record for Respondent No.1 in all the cases and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the original pre-emptor, Shusil Kumar Ghosh became co-sharer in the case holdings by..

Category: Property Law | Date: | Hits: 25

People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)

....e of Civil Procedure was moved on 06.03.2005 praying for an order restraining the defendant No.9 from interfering with the possession or otherwise dispossessing the tenants of the plaintiffs from the disputed property. The learned Joint District Judge after hearing the petitioner fixed 12.03.2005 fo..

Category: Limitation Law | Date: | Hits: 171

Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)

.... Mr. Rafique-Ul-Huq, the learned Counsel for respondent Nos.1-2 in both the cases and perused the judgment of the High Court Division and other connected papers on record. 9. It is not disputed that by Annexure-B dated 05.02.2002 (in C.P. No. 767 of 2005) the Ministry of Information..

Category: Information Technology Law | Date: | Hits: 321

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

....s stated in the writ petition that the Bank could not file appeal in time due to wrong information of the conducting lawyer vide Annexure-"K" and the statement of the Bank having not been disputed/denied by res­pondent No. 1, the findings of the majority Judges of the High Court Div..

Category: Business or Commercial Law | Date: | Hits: 122

Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)

....Procedure was moved on 6-3-2005 pray­ing for an order restraining the defendant No.9 from interfering with the possession or other­wise dispossessing the tenants of the plaintiffs from the disputed property. The learned Joint District Judge after hearing the petitioner fixed 12-3-2005 fo..

Category: Civil Law | Date: | Hits: 77

Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)

....s. Khurshed Jahan, the learned Advocate-on-Record for respondent Nos.1-4   and perused   the judgment of the High Court Division and other connected papers. 6. It is not disputed that the pre-emptor and pre-emptee Nos.1-5 are co-sharers by inheritance in the disputed ..

Category: Property Law | Date: | Hits: 19

Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)

....above position and also on relying on the case of Rafizuddin vs. Molla Barman, reported in 43 BLD(AD) 215 where it has been held that, "In a simple suit for permanent injunction with regard to disputed land the relief is available to a person who is in possession. The court may require incid..

Category: Property Law | Date: | Hits: 26

Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)

....d Counsel for the appellant and Mr. Md. Faruque Ahmed, the learned Counsel for respondent Nos.1-2 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit land belonged to Haribhushan Debnath. The plaintiffs' case is that he got th..

Category: Property Law | Date: | Hits: 25

Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)

....ellaneous case shall and dismissed; the Government having died to comply with the said condition the Miscellaneous case stood dismissed for default the respondent No.1 had been in possession of the disputed building since the date of agreement dated 8.1.70 and being in possession he got his name m..

Category: Property Law | Date: | Hits: 28

Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

.... the trespassers under Memo No. 916(3) dated 15.07.1999. 7. As it appear the High Court Division dis­charged the Rules upon observing that "It is will settled that in a case where basic facts are disputed and the complicated questions of law and fact depending on evidence were involved the writ ..

Category: Property Law | Date: | Hits: 40

Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)

....nected papers. 7. The learned Counsels for the parties submit that the High Court Division com­mitted illegality in directing the court of appeal to take additional evidence and get the disputed L.T.I, examined by expert without setting aside the judgment of the appellate court and w..

Category: Property Law | Date: | Hits: 106

Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)

....l on the ground of limita­tion. 12. Facts as stated hereinbefore relating to obtaining the certified copy for filing the appeal before the Administrative Appellate Tribunal had not been disputed by the learned Deputy Attorney General. 13. The facts as have been reflected in th..

Category: Administrative Law | Date: | Hits: 102