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AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
.... Rs. 6,000 by crossed cheque No. SBL 993798 of the United Bank Limited, EPRTC Branch, Dhaka from his Account No.1439 of the said United Bank Limited as advance money at Rs. 10,000 to SM Taqui, the owner of the property, at the time of the Deed of Agreement on August 4, 1969. 15. He......d JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Proc......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..Category: Procedural Law | Date: | Hits: 173
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
....rdingly and that Sheikh Jabbar Ali died leaving two sons, namely, Abdus Sattar, Fazu Mia and two daughters, namely, Amironnessa and Samirunnessa one son and one daughter of the previous owner, namely, Abdus Sattar and Amirunnessa sold .22 acres of land out of .52 acres of land to Chi......Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Shamima Akhtar.........................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January 31, 2007. Lawyers Involve...... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
.... that the land in suit including other land measuring 1.24 acres was acquired in LA Case No. 2 of 1924-25 for construction of Dagonbhuiyan Charitable Hospital and compensation was duly paid to the owner including the plaintiff's predecessor, Ibrahim and that at the present Thana Health Complex s...... Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Feni and anr………………………Petitioners Vs......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..Category: Property Law | Date: | Hits: 25
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
.... Amjad Sheikh sold the said land to the defendant No.1 by Kabala dated July 25, 1946, that the defendant No.1 purchased the said land by his own earned money and thus the defendant No.1 became the owner of 92 decimals of land of Plot Nos. 236, 237-240, that 24 decimals of land of Plot No.1448 be...... Appellate Division (Civil) Present: Md Ruhul Amin CJ MM Ruhul Amin J Md Abdul Matin J Daliluddin Sheikh and others.........................Petitioners Vs Alek Sheikh alias Abdul Malek Sheik......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
.... No. 42 to Sk Rahimuddin, Sk Tamijuddin, father of the plaintiff, Sk Dagu, Makim Ali and Mohar Ali and delivered possession. After the death of his father, the plaintiff-respondent No. 1 became the owner of the land owned by his father and continued possessing the same jointly with other defenda......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not Represented—Respondent Nos. 2-8. Civil Appeal No.150 of 2004. (From the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997). ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
...., the case property, from the "Kha" list of abandoned buildings. 2. Facts, in brief, are that the petitioner filed the above writ petition on the averments that Abdus Salam became owner of the case property in terms of the registered lease agreement dated 11-2-1960 and he, ...... Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High Court Division in Writ Petition No. 848(B) of 2002). ......ere 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: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....decree dated 29.03.1998 passed by the learned Senior Assistant Judge, Mithapukur, Rangpur in Other Class Appeal No. 20 of 1989. 2. The facts, in short, are that Badia Sheikh is the original owner of the schedule land measuring 2.27 decimals under C.S Khatian No. 354 corresponding to ......2008) 854. ......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ..Category: Property Law | Date: | Hits: 28
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
....e pre-emptor sought to pre-empt the land transferred by the Heba-bil-Ewaz deed dated April 4, 1978 claiming to be the co-sharer of the holding by inheritance and by purchase and also claiming to be owner of the land contiguous to the land transferred by the deed of Heba-bil-Ewaz, stating that the...... Md. Tafazzul Islam J Md. Maniruddin …………………... Petitioner Vs. Md. Totab Ali @ Kutub Ali being dead his heirs: Mazeda Khatun and others ......Respondents Judgment August 22, 2006. Lawyers Involved: ...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ..Category: Property Law | Date: | Hits: 19
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
....tion and enjoyment of the allottees has been created in their favour and that the allottees are in unauthorised occupation of the land wherefrom they are going to be evicted, that Government as the owner of the land occupied by the writ-petitioners, herein Respondent in the respective leave peti......t: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, Represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Ramna, Dhaka and others… ……&he......ions have been issued without lawful authority. 3. The writ petitions were filed stating, inter alia, that Government took decision to allot Plot measuring ¾th kathas of land to the possessors of the land of section 13 of Block-A, Mirpur and thereupon steps were taken for allotmen..Category: Property Law | Date: | Hits: 27
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....laintiff leased out the suit land to Md. Mojibur Rahman and Mokter Ali, sons of Hasem Ali for a period of 15 years on the basis of two registered lease deeds. The documents regarding acquisition of ownership by the ex-landlord were gutted by fire during the war of liberation in 1971. Taking adva......e Respondent. Civil Petition for leave to Appeal No. 884 of 2003. Judgment M. M. Ruhul Amin J.- This petition for leave to appeal is directed against the judgment and order dated 25.02.2003 passed by a Single Bench of the High Court Division in Civil Revision N......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ..Category: Property Law | Date: | Hits: 32
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....Jurisdiction, Sadar, Joypurhat, impleading the petitioner praying for ejectment of the defendant from the suit premises alleging, inter alia, that the Plaintiffs father, Md. Yakub Ali Sarder, was the owner of the suit premises and the defendant was inducted as a monthly tenant therein and the said M......ed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by the High Court Division in Civil Revision No.1238 ......of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789...Category: Tenancy Law | Date: | Hits: 151
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....re not a defaulter in respect of the suit premises. The contesting defendants further alleged that they purchased 4¼ decimals of land from the cosharer of the jote, Tafiran Bibi, and became owner in possession, of the suit premises and filed partition Suit No.116 of 1999 in the 1st Court ......Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shahanur Rahaman and others…………Petitioners Vs. Alhaj Abbas Ali Mondal......tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ..Category: Property Law | Date: | Hits: 91
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....an No. 586. 7. It also appears that the learned Additional District Judge, who heard the appeal, considering the documentary evidence similarly found that Nilambar Mahajan, the original owner of the suit property settled the same in favour of Nolini Ranjan Dutta by registered patta, ......(2008) 749. ......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ..Category: Property Law | Date: | Hits: 29
Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)
....rict-Nilphamari alleging, inter alia, that deceased Azad aged about 20 years used to work in 'The latest V.D.O. house as operator located in Jikrul Haque Road, Syedpur town and one Albert Shing was owner of the said VIDEO shop. The owner of the VIDEO shop used to send the deceased with VEDIO/V.C.......For the Appellant. Golaitt Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 30 of 2002. (From the judgment and order dated 07.08.2001 passes by the High Court Division in criminal Appeal No. 1834 of 1999.)......nd as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ..Category: Criminal Law | Date: | Hits: 47
Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)
....n question to the claimant but ultimately did not deliver the possession. It was also noticed by the High Court Division from the materials on record that the authority found that the original owner of the property did not leave Bangladesh during the war of liberation or thereafter, ra......nt of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Bangladesh Secretariat, Ramna, Dhaka ...........Petitioner Vs. Moslema Khatun and others. ...........Respondents Judgment November 29, 2006 Lawyers Invol...... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 695. ..Category: Property Law | Date: | Hits: 24
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....o them as choice land at a rent of Tk.629.75 paisa and Md. Habib after getting back the suit land had been in peaceful possession of the same and after his death his only son Md. Hasan became the owner of the said land and he paid the rent regularly and S.A. and R.S. Khatians were prepared in hi....... ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....ed on 5.7.1962 and registered on 5.11.1962 in respect of the 'Kha' schedule land is null and void and not binding upon the plaintiff on the averments that he, as the only son of Lehajuddin, became owner of the land described in 'Ka' schedule of the plaint and during R.S. operation his name was r......nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 572 of 2005. (From the judgment and order dated 30th March, 2005 passed by the High Court Division in Civil Revision No. 389......nfirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 687. ..Category: Property Law | Date: | Hits: 25
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
.... plaintiff’s father died in 1993. The defendant stopped paying rent from the last part of 1988 and disclosed about a bainanama from Musleem Miah in respect of the suit property and also claimed the ownership of the suit homestead. The further case of the plaintiff is that the defendant No. 1 manag......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......f allotment and lived in the suit land with other members of his family. The said Musleem Miah borrowed Tk. 3000/- from the father of the plaintiff and allowed him to stay in the land as a permissive possessor. After the war of liberation, Musleem Miah decided to migrate to Pakistan forever and hand..Category: Tenancy Law | Date: | Hits: 139
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
.... 2. The respondent Nos.1-4 instituted the above partition suit on the averments that the suit land originally belonged to Fosi Gazi and after his death his two sons Hamid Ali and Tukku Mia became owners of the same each getting 8 annas share; Hamid Ali died leaving behind one son Nanna Mia and ......Appellate Division (Civil) Present: Md. Ruhul Amin J Md.Tafazzul Islam Sayed Ahmed Majumder..........................Petitioner Vs. Samsul Hoque and others........................Respondents Judgment July 10, 2006. Lawyer...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....the basis of those documents. 3. The defendant Nos.1-2 contested the suit by filing written statement denying the material allegations made in the plaint. Their case is that Osman Gani, the owner of the suit land transferred the same in favour of defendant No.1 who transferred the self sa...... instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 16 of 2002.) ......dated 29.09.1997 and a registered deed of exchange dated 29.10.1997. The defendant No. 1 handed over possession of the suit property in favour of the defendant No.2. The plaintiff is the permissive possessor of the suit land under defendant No. 2. 4. The trial court decreed the suit. On a..Category: Property Law | Date: | Hits: 26