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Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....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. ......od not exceeding 7 years on the expiry of which the mortgagor 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......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. ...... Vs. Nazir Ahmed................................................. Respondent Judgment February 23, 1982. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951), Section 95. The maximum period of limitation of mortgage under section 9..Category: Property Law | Date: | Hits: 58
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....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.......estion of pre-maturity was raised 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,......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..............Appellate Vs. Ganesh Chandra Nath and others...................Respondent Judgment March 17, 1982. Result: The Appeal is allowed. The State Acquisition and Tenancy Act, 1950 (Act XXVIII of 1951) Section 96. A case for pre-emption filed prior to completion of registrat..Category: Property Law | Date: | Hits: 65
....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.
......
March 31, 1982
Cases
Referred To-
Akhtarun Nesa vs. Habibullah (1979)
31 DLR (AD) 88; Ahmed Hossain vs. Basharat Ali (1980) 32 DLR (AD) 54.
Lawyers Involved:
Rafiqur
Rahman, Sr. Advocate, instructed by Zinnur Ahmed, Advocate on-Record—For the
Appellants.
......
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.
Abdus Sattar and others ..........................Respondent
Judgment
March 31, 1982
Cases
Referred To-
Akhtarun Nesa vs. Habibullah (1979)
31 DLR (AD) 88; Ahmed Hossain vs. Basharat Ali (1980) 32 DLR (AD) 54.
Lawyers Involved:
Rafiqur
Rahman, Sr. Advocate, instructed by Zinnur Ahmed, Advoc..
Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 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. ...... Lawyers Involved: 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. ......lam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh, represented by the Deputy Commissioner, Dacca and another............Appellant Vs Winifred Rubi & ors……………………………&h......qur Rahman, Senior Advocate, Md. Nurul Huq, Advocate-on Record—For the Respondent Nos. 1-3. S R. Pal, Senior Advocate, Aminul Huq, Advocate-on-Record—For the Respondent No. 5. Civil Appeal No. 72 of 1981. (On appeal from the Judgment and order dated 9.9.19..Category: Property Law | Date: | Hits: 65
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant Vs. Ba......han, Addl. Attorney-General instructed by Zinnur Ahmed, Advocate-on-Record- For the Respondents. Civil Appeal No. 68 of 1980. (From the Judgment and Order dated 4-5-1979 passed by the High Court Division in Writ Petition No. 18 of 1970) Judgment: ..Category: Property Law | Date: | Hits: 61
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... Division (Civil) Present: F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudu......s. Ed. ......cord as Defendant-appellant and others ......... ...... ........Respondent Judgment March 30, 1981. Case Referred to- Kanakarathanammal V.S. Loganatha Mudallar, AIR 1P65 S.C 271; Musammat Bilas Kunwar vs. Desraj Ranjit Singh (1915) L.R. 42 LA. 202; Gopeekrist Gossain..Category: Property Law | Date: | Hits: 448
....ed with costs. The order of the High Court Division is set
aside, and the impugned order of cancellation of the lease deed declared to have
been passed without any lawful authority.
Ed.
......afique-ul-Huq,
Senior Advocate, with T. Islam, Advocate, instructed by Md. Sajjadul Huq,
Advocate-on-Record.—For the Appellants.
Abdus
Sobhan, Additional Attorney-General, with Motiur Rahman, Asstt.
Attorney-General, instructed by A. W. Mallick, Advocate-on-Record— For the
Re......clared to have
been passed without any lawful authority.
Ed.
......espondents
Judgment
June 17, 1981.
Cases
Referred To-
Bangladesh vs. A. T. J. Industries
(1977) 29 DLR 181; D. F. O. South Kheri vs. Ram Sanchi Singh, AIR 1973 (SC)
205; K. N. Guruswamy's case, (1955) 1
SCR 305 : (A.I.R. 1954 S.C. 592).
Lawyers Involved:
..
Category: Property Law | Date: | Hits: 53
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. Vs. ......hellip;…………………... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment July 15, 1980. Case Referred to- People's Republic of Bangladesh Vs. Sri Madan Gopal Jew Bi..Category: Property Law | Date: | Hits: 66
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......rtunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... Judgment February 6, 1991 Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney‑General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil App...... Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney‑General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court D..Category: Property Law | Date: | Hits: 69
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%.
Ed.
This Case is also Reported in: 43 DLR (AD) (1991) 100.
...... which it will bear interest @ Tk. 15%.
Ed.
This Case is also Reported in: 43 DLR (AD) (1991) 100.
......upta @ Stiti Rani Gupta and another ..............Defendant- Respondents
Judgment
March 15, 1990.
Result:
The appeal is allowed.
The Specific Relief Act, 1877 (I of 1877), Section 22 & 24
Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate ......obarak Ullah .............................Plaintiff-Appellant
Vs.
Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta and another ..............Defendant- Respondents
Judgment
March 15, 1990.
Result:
The appeal is allowed.
The Specific Relief Act, 1877 (I of 1877), Section ..
Category: Property Law | Date: | Hits: 64
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......rcumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......ppeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ...... and others..............................................................................Respondents Judgment December 9, 1970. The Displaced Persons (Compensation and Rehabilitation) Act, 1958, section 2(3) A person in order to qualify himself as a “displaced person” must have a per..Category: Property Law | Date: | Hits: 61
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......lso Reported in: 54 DLR (AD) (2002) 125. ......ition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... Md. Nawab Ali, Advocate-on-Record—For the Respondent No.1. Not Represented—Nos. 2-64. Civil Petition for Leave to Appeal No. 56 of 2000. (From the judgment and order dated 11-8-1999 passed by the High Co..Category: Property Law | Date: | Hits: 49
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......ssued under the signature of the respondent No. 2 and demolition of the houses and structures of the Darus Salam Housing Co-operative Society Ltd. on its Block-A property by the respondent Nos. 3 and 5 shall not be declared to have been issued and done without lawful authority and is of no legal eff..
Category: Property Law | Date: | Hits: 54
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ...... to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......sp; Judgment May 28, 2001. The Abandoned Buildings (Supplementary Provision) Ordinance, 1985 (LIV of 1985), Section 5(1) (b) Since no notice as contemplated under secti..Category: Property Law | Date: | Hits: 46
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......ut lies only for patent error….(4) Lawyers Involved: KM Shahidul Huq, Advocate-on-Record—For the Petitioner Sk Afzalur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 2 a......tition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......structed by Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 2 and 3. Not represented—Respondent Nos. 1, 4-7. Civil Review Petition No. 50 of 1999. (From the judgment and order dated 1st August, l999 passed b..Category: Property Law | Date: | Hits: 43
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ...... The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......nd others……………….. Respondents Judgment May 29, 2001. The Transfer of Property Act,1882 (IV of 1882), Section 105 i) There is no scope in the writ petition to decide disputed question of ownership o..Category: Property Law | Date: | Hits: 43
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......irmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......peal is directed against the judgment and order dated 21.10.2001 passed by a Single Bench of the High Court Division in Civil Revision No.80 of 1996 reversing the judgment and decree dated 12.09.1995 passed by the learned Subordinate Judge (now Joint District Judge), 1st Court, Madaripur in Title..Category: Property Law | Date: | Hits: 51
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed....... Md. Tafazzul Islam J Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and other.................................Appellants. Vs. Abdur Rahman and others...........................................Respondents. Judgment November 1......terial evidence. So, no error was committed by the High Court Division in not sending back the Appeal to the Arbitration Appellate Tribunal for disposal afresh. The Appeal is dismissed…………(11 & 12) Lawyers Involved: Mvi. Md. Wahidullah, Advocate-on-record- For the Appellants. ......y Commissioner, Dhaka and other.................................Appellants. Vs. Abdur Rahman and others...........................................Respondents. Judgment November 16, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982) (Amending A..Category: Property Law | Date: | Hits: 58
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......of Mouza Bhola, P.S. Gulshan, District-Dhaka in the name of his wife. Mrs. Shirin Akhtar for a consideration of Tk. 50,000/-(fifty thousand) only vide Regd: Deed No. 488 dated 26-1-1983 from Abdur Rahman and others; that his tender was on 28-5-1985; that Syed Altaf Hossain by practicing fraud an......r leave to appeal. Accordingly, it is dismissed. Ed. ...... plaintiffs against the judgment and decree dated 10-11-1997 passed in Title Appeal No, 187 of 1994 by the learned Subordinate Judge, 2nd Court, Dhaka, who affirmed the judgment and decree dated 10-5-1994 passed by the learned Senior Assistant Judge, 1st Additional Court in Title Suit No.7 of 199..Category: Property Law | Date: | Hits: 54
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (N. H. Khondaker, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain. Advocate on-Record.—For the Respon......e Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ahmed J Udaypur Halima Darul Ulum Madrasha and others ……………………………….App......q, Advocate-on-Record.—For the Appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain. Advocate on-Record.—For the Respondent. Civil Appeal No. 156 of 1979. Judgment: ..Category: Property Law | Date: | Hits: 93
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