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Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....titioners. Abul Kalam Mainuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petitioner for Leave to Appeal No. 888 of 2008. (From the judgment and order dated the 6th day of August......nce of marriage, petitioner on 11.03.2005 made oral gift of flat A-4(4th Floor) of House No.188, Road No.2 at DOHS at Mohakhali in Dhaka in favour of the respondent No.1 and on 21.03.2005 also made a declaration on such oral gift, which was duly notarized. The present petitioner handed over possessi..Category: Property Law | Date: | Hits: 26
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....ecord-For Respondent No. 3 (In Civil Miscellaneous Petition No.231 of 2008) Not represented-Respondent Nos.2, 4 & 5 (In Civil Miscellaneous Petition No.231 of 2008). Civil Petition for Leave to Appeal No.2324 of 2008. (From the judgment and order dated 28.02.2008 passed by ......dent No.1 escaped the eviction order passed against it in a criminal proceeding. The respondent No.1 being a juristic person has its independent identity and liable for its own act, deeds, things and declaration. Therefore, the promise made by respondent No.1 towards the writ petitioner cannot be re..Category: Property Law | Date: | Hits: 33
Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and others, 2009, 38 CLC (AD)
.... Lawyers Involved: Khondaker Saiful Huque, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1194 of 2009. (From the Judgment and order dated 18.03.2009 passed b......filing of this petition, are, in brief, that the respondent Nos.1 to 3 filed a suit being the Other Class Suit No.75 of 1996, in the Court of Assistant Judge, Sadar, Rangpur, praying for a decree for declaration that the Nadabipatra in respect of 0.23 acres of land in the suit-land is false and not ..Category: Property Law | Date: | Hits: 21
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....Uddin Ahmed, Advocate-on-Record- For the Petitioner. Mazibur Rahman, Advocate-on Record-For respondent Nos. 1 & 2. Not represented- For respondent Nos. 3-57. Civil Petition for Leave to Appeal No.2011 of 2009. (From the Judgment and Decree dated 16th August, 2009 pa......th Kartick, 1352 B.S. During the S.A. operation Jagodish Chandra's name was wrongly recorded, Accordingly Hossain Ali instituted Title Suit No.140 of 1975 in the Court of Subordinate Judge, Pabna for declaration of title against Jagodish Chandra Sarker and the suit was decreed ex parte on 29th Janua..Category: Property Law | Date: | Hits: 25
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
....owdhury, Advocate-on-Record-For the Petitioner. Mazibur Rahaman, Advocate-on-Record-For Respondents Nos. 1-4 and 7. Not represented- Respondent Nos. 5, 6 and 8-23. Civil Petition for Leave to Appeal No. 1431 of 2009. (From the judgment and order dated 11.05.09 passed by t...... of Senior Assistant Judge, Kasba, Brahmanbaria, impleading the present petitioner as defendants and respondent Nos.9-22 as other defendant and respondent No.23 as Proforma defendant, praying for declaration of title to the suit land and for recovery of Khas possession therein alleging, inter ..Category: Property Law | Date: | Hits: 43
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....e Petitioner. Not represented-the Respondents. Civil Review Petition No. 136 of 2009. (From the judgment and order dated 30.07.2009 passed by Appellate Division in Civil Petition for Leave to Appeal No. 1733 of 2008.) Judgment Surendra Kumar Sinha J. - The review ......ourt dated 30th July, 2009 in Civil Petition for Leave to Appeal No. 1733 of 2008. 2. The petitioner filed Other Class Suit No. 72 of 1986 in the Court of Assistant Judge, Basail, Tangail, for declaration that the ex parte judgment and decree dated 26th November, 1977 obtained in Other Class ..Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
.... Court, in Miscellaneous Appeal No. 134 of 1999, allowing the same and reversing the judgment and order dated 20.5.1999, passed by the Senior Assistant Judge, First Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991. 2. The facts in short are th......he pre-emption case, the pre-emptee respondent no. 1 filed a suit being the Title Suit No. 131 of 1993 on 2.5.1993, in the Court of Assistant Judge, First Court, Dhaka, with the prayer for decree for declaration that the deed of Heba bel Ewaj dated 28.1.1991 executed and registered by Rabeya Khatun ..Category: Property Law | Date: | Hits: 27
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney General with Obaidur Rahman Mustafa, Deputy Attorn......e law and cannot be questioned in any court of law as per Article 78 of the Constitution. The learned Attorney General further argued that though the petitioners did not, in so many words, pray for a declaration against the ruling of the Speaker but indirectly came against it. As a rules two riles, ..Category: Constitutional Law | Date: | Hits: 171
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....n, Senior Advocate, Instructed by Mohd. Nawab Ali, Advocate-on-Record-For the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by ......udge discharging Civil Revision No.1786 of 1999. 2. The respondent as plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alle..Category: Property Law | Date: | Hits: 21
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
.... Involved: Md. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Not Represented-Respondent Nos. 2-25. Civil Petition for Leave to Appeal No.175 of 2009. (From the Judgment and order dated 16.10.2006 passed by t......tle and possession in the suit-land and also failed to prove his case of dispossession as alleged in the plaint; and finally, the learned Judge held that the plaintiffs suit, praying for a decree for declaration of title and recovery of khas possession is not maintainable without seeking a furth..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....espondent No.1. Not Represented- Respondent No.2-7. Civil Review Petition No. 18 of 2009. (From the judgment dated 30.07.2008 passed by this Appellate Division in Civil Petition for Leave to Appeal No.697 of 2007) Judgment Md. Muzammel Hossain J.- This civil revi......ed 30.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 697 of 2007 dismissing the same. 2. The respondent No.1 as plaintiff filed Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot No.243 and .17 acres in plot No.254 of Mouza G..Category: Property Law | Date: | Hits: 20
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
.... Judgment July 19, 2009. Lawyers Invoplved: Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 812 of 2009. (Arising out of C.M.P. No. 62 of 2009.) (From the......r appellate Court who upheld the judgment and decree of the trial court. 2. The petitioners as plaintiffs instituted Other Suit No.25 of 1997 impleading the opposite parties as defendants praying for declaration that the preliminary decree dated 24.9.1992 and the final decree dated 31.5.1994 passed ..Category: Property Law | Date: | Hits: 35
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....or Advocate Instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Abul Kashem, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-20. Civil Petition for Leave to Appeal No.2141 of 2009. (From the judgment and order dated 5.8.2009 passed by the Hi......ng those of the trial court in other class Suit No.38 of 1987. 2. The respondents as plaintiffs instituted other class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deed dated 13.1.1974 allegedly given by the predecessor of the pl..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....l Review Petition No.15 of 2009. (From the judgment and order dated 6.11.2008 passed by the Appellate Division in Civil Appeal No. 332 of 2003) Judgment BK Das J.- This petition for review is directed against the judgment and order dated 6.11.2008 passed by the Appellate Divisi......creeing the suit. 3. The petitioner as plaintiff instituted Title Suit No. 341 of 1982 in the court of the then learned Munsif, Shariatpur, impleading the respondents as defendants praying for declaration of title to the suit land and confirmation of possession therein and if found out of p..Category: Property Law | Date: | Hits: 26
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....arisal in Title Appeal No.158 of1980 who affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declaration of title to the suit lands and further declaration that the decree passed in Title......ated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declaration of title to the suit lands and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudulent and not bin..Category: Property Law | Date: | Hits: 20
State Vs. Shahin and others, 2009, 38 CLC (AD)
....ed Mahbub Hossain, Advocate-on-Record—For the Respondent (In Criminal Appeal No. 74 of 2009). Not represented— the Respondent (In Criminal Appeal No. 73 of 2009). Criminal Petition for Leave to Appeal No. 73-75 of 2009. (From the judgment and order dated 12-8-2008 of the Hi...... 4. As it appears the High Court Division passed the impugned judgment and order and acquitted the respondents holding that the occurrence took place on 25-9-1995 and the victim made his dying declaration on 27-9-1995 and ultimately died on 2-10-1995 and the victim being operated on 25-9-1995..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by th......Begum exchanged 1.36 acres of her lands at Bardwan with 0.89 acres land of Chaturi and Nathuni Tanti of mouza Chandana which includes the suit land. Bhatu Tanti, Chaturi Tanti and 3 others made joint declaration before the Notary Public in Calcutta on 15-7-1968 and 12-8-1968 confirming the above exc..Category: Property Law | Date: | Hits: 29
....re were 300 shop rooms in C.S. Plot Nos.725-726 at the premises of Ahasan Manzil, Ahasanullah Road, Dhaka. The appellant and others shop owners had been carrying on their business in those shop rooms for a long time and earned their livelihood. The appellant took lease of a shop room from the Dhaka ...... have paid the premium and gotten possession of their respective rooms. The writ petition without impleading them as respondents is not legally maintainable, inasmuch as, the court can not give any declaration as prayed for in favour of the appellant without affording them an opportunity on being ..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
.... Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 533 of 2009. (From the judgment and order dated I 28.10.2008 passed b......vision No.1642 of 2003 making the rule absolute. 2. Respondent Nos.1-11 instituted Title Suit No.45 of 1992 in the Court of Senior Assistant Judge, Sadar, Rangpur against the petitioners for declaration that the ex parte decree passed in Other Class Suit No.199 of 1984 by the Assistant Judg..Category: Property Law | Date: | Hits: 18
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....ocate, instruct-ed by Nawab Ali, Advocate-On-Record-For the Respondent No. 1 (In both the petitions). Not Represented-For the-Respondent Nos. 2-3 (In both the petitions). Civil Petition for Leave to Apple Nos. 83 and 129 of 2009. (From the judgment and order dated 04.11.2008 pas...... Nos.2 and 3. 3. The facts of the case, in short, are that the respondent No.1 as the plaintiff on 30.07.2005 instituted Other Class Suit No. 191 of 2005 against the defendant No.1 and 2 for a declaration that he is the legal allottee of the Shop No. 19 of the Younusco City Center and the def..Category: Property Law | Date: | Hits: 20
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