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Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....vil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mst. Esarunnessa Bibi being dead her heirs Amjad Hossain & others……………… Appellants Vs. Md. Amir Hossain………………………………….. Respondents Judgment September 8, 1....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......lant. The tenant is not a defaulter…………(14 & 15) Lawyer Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (with Mahbubey Alam, Advocate with him), instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. B.N. Chowdhury, Advocate, instructed by S. R. Karma....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......orders in the matter without seeking approval of Government, which was unnecessary. Reference in this connection has been made to the decision in the case of Mst. AH Begum and ors. Vs. Badrul Islam Ali Khan and others reported in A.I.R. 1938 Privy Council 184. As regards the powers of a statutory ......missed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... ......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....ppellate Division (Civil) Present: AB Mahmud Husain J MA Jabir J Ahsanuddin Choudhury J Bangladesh Enemy Property Management Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......desh Enemy Property Management Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills Ltd. Vs. Province o......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ah 18 C.W.N. 890, Kheyali Prosad vs. Mullick N. Islam 20 C.W.N. 1048; Radhakishan Toshniwal vs. Shidhar Ramchandra. A.I.R. 1960 S.C. 1368; Ram Saran Lai vs. Domini Kuer AIR. 1961 SC 1747 Begum vs. Md. Yakub ILR 16 All. 344; Sitaram Bhaurao vs. Jiaul Hasan Khan AIR 1923 P.C. 41; Jadu Lal Sahu vs...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......e plaintiff instituted Title Suit No. 124 of 1962 in the second court of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the responden......ember 28, 1962 the plaintiff instituted Title Suit No. 124 of 1962 in the second court of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
.... Vs. Syed Shamsuddin Ahmed and another…………….Respondents Judgment April 22, 1981 Lawyers Involved: S.R. Pal, Senior Advocate, Md. Yasin, Advocate, with him, instructed by Abu Backkar, Advocate-on-Record.—For the Ap......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......d and structures. Thus, while the appellants were possessing the said land in Ejmali with Sakina Bai the latter sold the B' schedule land and structures for the sum of Tk. 25, 000/- to one Keramat Ali, predecessor in-interest of the respondents Nos. 1-6 by a sale deed dated October 30, 1972 and ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. ......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 49
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....late Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Abdul Jalil …………………………&hel......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......lip;…………………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others…………………&helli......…………………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others……………………&h..Category: Property Law | Date: | Hits: 43
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....sp;Dulichand Omraolal vs. Bangladesh (1981) 33 D.L.R (AD) 30. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A- Rib-II, Advocate on Record—For the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by A W. Mian, Advocate-on- Record.—F......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... Shahabuddin Ahmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......n Ahmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980.......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....fendant No. 1 who failed to do so. Some day later the plaintiffs got notices from the District Registrar, Dacca directing them to come and admit registration of kabala in favour of defendant No. 2, Md. Hammad. Some of the plaintiffs appeared and denied their execution of the kabala. Defendant No......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ...... that those papers had been converted into sale-deeds in favour of diverse persons who could, however, pay the price of their land at the rate of Tk. 100/- per bigha. In December, 1964 one Hammad Ali, defendant No. 2, whom the appellants did not know, appeared in their village and told th......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......spondents Judgment March 25, 1982. Lawyers Involved: B. Hossain, Advocate on Record.—For the Appellants. B. K. Das, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 75 of 1981. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....1940) PC 134. Lawyers Involved: Abdus Salam, Senior Advocate instructed by B.C. Panday, Advocate-on- Record.—For the Appellant. M. Zahir, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record —For the Respondent No. 1. Civil Appeal 140 of 1......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......m J Ruhul Islam J Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment Novemb......who seeks to sustain disposition made by Meher Afzan Bibi in favour of her son Mahtabuddin. The fact that in the meantime Mahtabuddin has transferred the entire property to respondent No. 1 Alijan alias Alijan Bepari does not make any difference in the application of the rule of law as enunciate..Category: Property Law | Date: | Hits: 57
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
.... may get back possession by an application to the Sub divisional Magistrate……….(5 and 6). Lawyers Involved: A. K. M Shafiqur Rahman, Advocate M. Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate on-Record—For the Appellant. Faruque Ahmed, Advocate-on-Record—Fo......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....nt had been registered and so the pre-maturity could be said to have been cured……..(3) Case Referred to- Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Hannan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Mi......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220....... at the appellate stage but by then the document had been registered and so the pre-maturity could be said to have been cured……..(3) Case Referred to- Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Hannan, Advocate, instructed by Md. Aftab Hossain,......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......e Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with him, instructed by B. Hossain, Advocate-on-Record—For the Appellants, Rafiqur Rahman, Senior Advocate, Md. Nurul Huq, Advocate-on Record—For the Respondent Nos. 1-3. S R. Pal, Senior ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 65
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