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Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....il-Ewaj. Hence is the suit. 5. The defendant Nos. 4-22 contested the suit by filing a written statement denying the material allegations made on the plaint. There case is that Namiruddin was owner to the extent of 3.34 acres in the suit land. He died leaving behind only widow, Nishi Bewa a......er. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-22. Civil Petition for Leave to Appeal No. 356 of 2006. (From the judgment and order dated 16.08.2005 passed by the High Court Division in Civil Revision No. 3175 of 2002.) ......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ..Category: Property Law | Date: | Hits: 23
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....the preemptee Nos. 2-4 in favour of pre-emptee by a kabala deed dated 22.05.1997 as contiguous land holder. The pre-emption case, was filed stating, inter alia, that the pre-emptors were owner of Plot No. 981 and 962 and those two plots were contiguous to the Plot Nos. 967,966,965 and ......te Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Mosa. Rabeya Khatun................Petitioner Vs. Md. Afzal Hossain Prang. and others……………..........Respondents Judgment Sep......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ..Category: Property Law | Date: | Hits: 21
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....predecessor but illegally cancelled the allotment made to Khaleda Rahman on September 11, 1995, although at that time Khaleda Rahman was not the lessee and that plaintiffs' predecessor was the owner of the land and to that effect intimation was made to the RAJUK. It was also contended that c...... Present: Md. Ruhul Amin M.M. Ruhul Amin Md. Tafazzul Islam J Rajdhani Unnayan Kartripakkha (RAJUK)………Petitioner Vs. Iqbal Ahmed and others .........Respondents Judgment August 28, 2006. Lawyers Involved: ......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
.... 1960-1961 in compliance with the decision of the authority contained in Memo dated 28-6-1990 (Annexure A) to the writ petition stating, inter alia, that the writ petitioner-respondents are the legal owners of the acquired land situated in Mouza South Kattali, PS Pahartali, District-Chittagong and t......upreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Land and others.....Appellants Vs. Samondra Narayan Mahajan & another............Responde......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
...., amongst others, that listing of the property in the Kha list is quite legal. It was the specific case of the appellant No. 1 that after liberation of the country whereabouts of Mr. SM Hasan, the owner of the property were not known and that he was not in Bangladesh and thereupon the property h.............. Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh vs. Md Jalil and others, 49 DLR (AD) 26; Ayes......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ..Category: Property Law | Date: | Hits: 32
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....the same, the High Court Division erred in affirming the decree passed by the appellate Court on the untenable view that the continuous uninterrupted possession of the plaintiff proves that he is owner of the property. The learned Counsel further submitted that the suit being a suit for decl......ion (Civil) Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Badal Chandra Das and others.....................Appellants Vs. Amena Khatun……&h......s granted to consider as under: "Mr. AJ Mohammad Ali, the learned Counsel appearing for the petitioners, submitted that the plaint case being that the defendant was a permissive possessor under him but there being no evidence led to prove the same, the High Court Division err..Category: Property Law | Date: | Hits: 25
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
.... as on the ground of bonafide requirement of the premises for her own use and occupation upon construction of a modern residential house. 2. Plaintiffs case, inter alia, is that she has become the owner of the premises in suit on the basis of gift made by her mother and the defendants are occupyi...... Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J Most. Bulbul Begum……………………….....Appellant Vs. Mohammad Sanwar Belal and another.........Respondents Judgment March 30, 2003. Cases Referred To- 40 DLR (AD) ......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
...., Chittagong Buildings Division No.1, Chittagong. The respondent made several representations to the Board of Management of Abandoned Properties which asked him to submit documents relating to his ownership. During the pendency of his applications before the authorities the respondent was evicte...... Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represent the Secretary, Ministry of Works and others…………....Appellants Vs. Ali Akber Ansari…&......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....quisition Officer, Dhaka. 8. The learned Attorney General submits that after final publication of gazette notification dated 20.02.1950 the right, title and interest, if any, of the original owner in the acquired land including the suit plot had already extinguished and once the property w......-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42, AFM Naziruddin Vs. Hameed......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....'s land acquired from date of service of notice on 30.10.1965. 2. The appellant filed the case stating, inter-alia, that the appellant made written bainanama on 31.10.1963 with the original owners for purchase of 16.65 acres of chala land of C.S.Plot Nos.44, 45, 46, 49, 77, 80, 76, 7......san Ameen J M/S. Pak Eastern Industries Ltd Now M/S. Bangla Industries Ltd............. Appellants (In both the appeals) Vs. Government of the People's Republic of Bangladesh and another............ Respondents (In Civil Appeal No. 142 of 2005) Rajdhani Unnayan Kart......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ..Category: Property Law | Date: | Hits: 37
Abu Thaer Vs. Government of Bangladesh and another, 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 Abdul Salam became owner of the case property in terms of the registered lease agreement dated 11.2.1960 and he, by co......vision (Civil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Abu Thaer........ Petitioner. Vs. Government of Bangladesh and another....... Respondents. Judgment January 30, 2008. Cases Referred t......t decision and there 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: ..Category: Property Law | Date: | Hits: 26
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....ccordingly the C.S. Khatian was prepared in their names correctly. That said Molamdi Sk. died issueless and his brother Ebrahim Sk. inherited his (Molamdi) share in full and thus Ebrahim Sk. became owner in the suit jote to the extent of 2 annas and he being in right, title and possession as such...... Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-18. Civil Petition for Leave to Appeal No. 218 of 2006. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 4274 of 1994). ......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....sumers the property of the respondent and the same has become integrated with the business of the respondent, in fact, the aforesaid trade mark has assumed the property of a great significance to the owner of the trade mark. 5. The petitioner being a clever person imitated the trade mark of the r......e Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Baby Food Products Ltd……………………………. Petitioner Vs. Nabisco Biscuit and Bread Factory and another…………. Respondent Judgment June 9, 2008. Lawyers Invo......ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ..Category: Intellectual Property Law | Date: | Hits: 231
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
....ka Bank, Bangladesh Limited) is a Banking Company incorporated in Bangladesh and carries on baking business, among other places, at the aforesaid address. 3. The respondent No. 2 is the owner of a business firm MS Salmon Trading who opened Current A/C No.100874 with the petitioner Ba...............Respondents Judgment November 4, 2007. Cases Referred to- Secretary Ministry of Works vs. Hasner Jahan Ahad 6 BLC (AD) 111; Chittagong Engineering and Electric Supply Co Ltd vs. Income Tax Officer 22 DLR (SC) 443; Bangladesh, Ministry of Works vs...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....Taka 58,261.00 as house rent for the said property was also illegal, without any lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is that she is the owner in possession of the case property being House No. J-59, Sherioil, Police Station Boalia, Dis....... Government of Bangladesh...................Respondents Judgment November 15, 2007. Civil Petition for Leave to Appeal No. 1559 of 2005. (From the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001). ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ..Category: Property Law | Date: | Hits: 23
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
....established and the members of Hindu Community have been worshipping therein since 1345 BS, in RS operation the aforesaid dedicated land were wrongly recorded in the name of the aforesaid owners as their residence but however, in the remark column the word "Mandir" was record...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Morium Begum and others.........Petitioners Vs. Durga Matha and others............Respondents ...... 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: 13 BLC (AD) (2008) 131. ..Category: Property Law | Date: | Hits: 26
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
....er made by him in 1979. Since the Court of fact on due consideration of the materials placed before it held that claimant of the property failed to establish that whereabouts of Asgar Ali, the owner, were known after emergence of Bangladesh, particularly on February 28, 1972 when Presi...... Md. Tafazzul Islam J Md. Hassan Ameen J Md. Fazlur Rahman.................Petitioner Vs. Chairman, First Court of Settlement, Bangladesh Abandoned Buildings and another ……………………Respon...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..Category: Property Law | Date: | Hits: 21
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
....f the Act when any property is required for a public purpose or in public interest and then the Deputy Commissioner may requisition the said property by order in writing and the same is served on the owner of the land. Thereafter for the purpose of acquisition of any requisitioned property provision......lso Reported in: 16 BLT (AD) (2008) 190. ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..Category: Property Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....rosecution is that complainant Shashi Mohan Das filed a complaint in the Court of Senior Special Judge, Sunamganj on 21.07.1997 alleging, inter alia, that he along with his brother Hari Mohan are the owner of 3.17 acre of land of Dag No.1914 appertaining to Khatian No.70 of Mouza Mirjapur within P.S...... Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal No. 106 of 2004 (From the judgment and order dated 23.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 873 ......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ..Category: Anti-Corruption Laws | Date: | Hits: 88
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....or eviction under section 92 of the State Acquisition and Tenancy Act, 1950 being No. 4 of 1976-77 dated 28.10.1977 is illegal on the averments that two brothers, Mohendra and Lalit were the original owners of suit plot No. 28 measuring .31 acres under C.S. Khatian No. 63 in equal shares and by amic...... Appellate Division (Civil) Present: Md. Rahul Amin J Md.Tafazzul Islam J Probir Kumar Basak Chowdhury………………........Petitioner Vs. Thana Nirbahi Officer, Manikganj and others……………….......Respondents Judgment August 3, 2006. Cases Referred To- ......ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ..Category: Tenancy Law | Date: | Hits: 147
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