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Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....us Case No. 46 of 1984 for pre-emption in respective of 164 acres of land. Their case is that they are co-sharers in the properties of schedule Nos. 1 and 2 as heirs of their father and contiguous owners of schedule No. 3 property as heirs of their father who is owner of plot Nos. 94, 95, 96, 10...... also Reported in: VI ADC (2009) 150. ......stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ..Category: Property Law | Date: | Hits: 20
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....handed over to her on 29 July 1967. That the plot was gifted to the petitioner by his mother in 1970 and the respondent Nos.1 and 2 recognized the transfer by mutating the name of the petitioner as owner of the plot by memo dated 3.2.1975. That at the time of allotment of the plot in 1961 the peti......t: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Professor Dr. Niaz Zaman...........Petitioner Vs. Rajdhani Unnayan Kartipakhya and others..........Respondents Judgment March 24, 2003. Result: The petition is dism......e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ..Category: Property Law | Date: | Hits: 36
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....-2004. 6. Rokanuddin Mahmud, the learned Counsel appearing for the petitioner submits that the statutory port dues is recoverable out of the ship and the defendant- respondent No.3 the owner there of and the ship having been sold on auction, the port dues is liable to be adjusted out......tar Corporation, Proprietor Haji Mozahar Sowdager………………Petitioner Vs. Government of Bangladesh Represented by the Secretary, Ministry of Food and others……..........Respondents Judgment October 27, 2004. Case......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....etropolitan Magistrate, Chittagong. 3. In the Criminal Miscellaneous Case it was stated that the petitioner Bangladesh Co-Operative Book Society Ltd., having its Head Office at Chittagong is owner of the disputed Shop No.9 situated, at Niaz Monjil, 922, Jublee Road, KotwaJi, Cnittagon....... Tafazzul Islam J Md. Abdul Matin J Bangladesh Cooperative Book Society Ltd. Head Office, Niaz Monjil 922, Jublee Road, P.S. Kotwali, District-Chittagong represented its Manager and constituted Attorney Mohammad Rafiq, son of Late Mawlana Abul Hossen……&helli......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh and others Vs. Quazi Md. Obaidur Rashid and others, 2003, 32 CLC (AD)
.... further claimed that at the instance of some interested persons the Statement Officer, Dhaka initiated Misc. Case No. 2103 of 1995 on 16-2-1995 and without serving any notice on the plot owners made an alleged enquiry through the Assistant Settlement Officer who without giving any hear......) 39. ......also found nothing to interfere with. Accordingly, the leave petition is dismissed after condoning delay of 23 days. Ed. This Case is also Reported in: 6 LG (AD) (2009) 39. ..Category: Property Law | Date: | Hits: 49
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....the heirs of Nepal Chandra Roy Chowdhury and Aghor Nah Roy Chowdhury, the C.S. recorded tenants, on payment of proper salami and after his death the petitioner along with h is co-sharer become the owner of the same and while they were in possession of the same, the defendant respondent Nos.1 and......ent: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Maksudun Nabi Joarder............Petitioner (In Civil Petition No. 1388 of 2007) Mrs. Hamuza Begum and others….Petitioners (In Civil Petition No. 454 of 2008) Vs. Md. Rafiq......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 153. ..Category: Property Law | Date: | Hits: 18
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....he plaintiffs stated that the suit jote of the scheduled lands situated under Mouza-Khankhanapur, p.5. and District Rajbari in R.S. Khatian No. 419 and S.A. Khatian No. 464 belonged to a family of owners-in-possession consisting of Amir Mridha, Mohiuddin Mridha, Hazu Khatun, Jahirun Bibi and Ame...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Shahjahan Mridha………………..Petitioner Vs. Jalal Sikder and others…..... Respondents Judgment November 14, 2007. Lawyers Involv......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ..Category: Property Law | Date: | Hits: 37
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....and of Plot No. 243 described in Ka schedule belonged to Nayeb Ali who transferred the same to Rahim Sheikh by kabala dated 8.2.1939 and after the death of Rahim Sheikh his son Mahtab Sheikh became owner of the same and then Mahtab Sheikh, in 14th Chaitra 1346 settled the same in favour of Hemat......Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Elahi Mondal……………………Petitioner Vs. Juran Mondal and others……........Respondents Judgment July 30, 2008. Lawyers...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ..Category: Property Law | Date: | Hits: 25
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....njoying the same. Later on by amicable partition dated 23, 11.1987 said mother of the petitioner gave 17 decimals of land to him and the possession was also delivered to him. He, being the absolute owner of the said land contiguous southern plot No.12754, mutated his name and by paying regular r......vil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Mohammad Akbar Chowdhury….............Petitioner Vs. Khalilur Rahman and others ................Respondents Judgment January 29, 2009. Lawyers Invo......le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ..Category: Property Law | Date: | Hits: 25
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....n finding that (a) the case land is agricultural (nal) land; (b) the case of development has not been proved; and (c) kabala from limited interest holder and from reversioners made the pre-emptors owners and thus the pre-emptors are co-sharers and allowed the pre-emption. 6. Being aggriev......ion (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Ahmed Safa……………….... Petitioner Vs. Amin Sharif and others……............Respondents Judgment December 5, 2007. L......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....tries since 1978 and the Public Works Department of the Ministry of Housing and Public Works was entrusted with the duty to look after those and the Ministry of Housing and Public Works, being the owner of Shilpa Bhaban, has the lawful authority to allot any part of the Bhaban subject to consult......e Court Appellate Division (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Solaiman and others…..............Petitioners (In both cases) Vs. Government of Banglad......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 121. ..Category: Civil Law | Date: | Hits: 84
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....na etc. and has been possessing by enjoying usufructs and after expiry of lease period again defendant No.1 took oral lease on payment of Tk.400/- as yearly selemi money from the heirs of aforesaid owners' the owner Gurudas Datta is still alive and living in India and Sirish Datta died leavi...... This Case is also Reported in: VI ADC (2009) 110. ...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....ourt Division in Writ Jurisdiction and obtained the Rule. 7.The High Court Division made the Rule absolute on the findings that the Respondents i.e. the appellants herein, did not challenge ownership of Sahera Khatun but they challenged ownership of Sahera Khatun's daughter Anwari Khatun,......lso Reported in: 17 BLT (AD) (2009) 65. ...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..Category: Property Law | Date: | Hits: 29
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....ly daughter Jottashari Rishi. Ridhaya Rishi died leaving behind only son Jodunath Rishi who by Kabala dated 01.08.1985 purchased 4 annas share of Jottashari Rishi and thus Jadunath Rishi became the owner of 8 annas share of the said land. Jadunath transferred the suit land to the plaintiff by ka......ved: A.K.M.Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 131 of 2006. (From the judgment and order dated 13.07.2005 passed by the High Court Division in Civil Revision No.1162 of 2002) ......ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ..Category: Property Law | Date: | Hits: 21
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....tioners herein for drawing up a proceeding against the petitioners from entering into dispossessing the respondent-informant from 6.40 acres of land alleging, inter alia, that the respondent is the owner in possession of the land measuring 6.40 acres appertaining to 26 plots of C.S. Khatian ......in: VI ADC (2009) 86. ......has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ..Category: Civil Law | Date: | Hits: 92
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
.... as per L.A. Case No. 2A/1965-66 and it vested in the Government free from all encumbrances. 9. It appears that the petitioner himself applied for allotment of a plot acknowledging the ownership of the Government and therefore he cannot question the title of the Government and pray f......se is also Reported in: VI ADC (2009) 79. ......to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ..Category: Property Law | Date: | Hits: 26
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....f the prospective of defence officer’s housing project, was not entitled to apply for joint allotment of any plot as she had not completed 18 years commission service in the Army and she was also owner of a government residential plot at Chittagong. She was also not in service at the time of t......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Major (Rtd) Quazi Hasna Hena Begum........Appellant Vs. Lt. Col. Kazi Mansurul Islam and others .........Respondents Judgment April 6, 2008. Case Referred To- Akhlasur Rahm......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....et in Title Appeal No.10 of 2000 affirming those dated 18.11.1999 of the learned Subordinate Judge, 3rd Court, Sylhet in Title Suit No. 195 of 1994. 2. The case of the plaintiff is that the owner of the disputed plot Nos. 1642 and 1643 along with one Haji Abdur Raquib and they became the ...... Fazlul Karim J Md.Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Misbah Abedin..........Petitioner Vs. Muzmmil Ali and others…...... Respondents Judgment November15, 2007. Lawyers Inv......any future complication, Haji Abdur Raquib by a registered deed dated 09.06.1989 admitted the sale of the said property in the year 1960 to the plaintiff and the plaintiff thus became the owner and possessor of disputed Dag Nos. 1642 and 1643 alongwith other land and by constructing houses thereo..Category: Property Law | Date: | Hits: 29
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
....slam Chowdhury, the father of present appellant under whom the respondent was a tenant since long before, that the respondent and his brother Abdul Quddus a former tenant and subsequently owner by purchase of another shop adjacent to the suit shop in the year 1962 with prior consent of ......, Advocate-on-Record-For the Appellant. Aynuddin, Advocate, instructed by Ataur Rahman, Advocate-on-Record-For the Respondent. Civil Appeal No. 27 of 2001. (From the judgment and order dated 22nd July, 1999 passed by the High Court Division in Civil Revision No.1637 ...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ..Category: Property Law | Date: | Hits: 32
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
.... contested the suit by filing joint written statement denying all the material allegation as set forth in the plaint. The case of the defendant Nos.1-4, in short, is that Banamali was the owner to the extent of eight anas share, Ramesh Chandra Das was the owner to the extent of four ana......44. ......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ..Category: Property Law | Date: | Hits: 23
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