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Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....One Hajee Abdul Majid filed Other Class Suit No.113 of 1995 against the Deputy Commissioner, Mymensingh and some other persons for declaration of title and confirmation of possession in 2.85 acres of land out of total 35.35 acres of land of C.S. Plot No.102 of C.S. Khatian Nos.3,13,14 and 15 of mouz..............................Respondents (In Civil Petition No. 2513 of 2009) Order February 9, 2012. Result: Leave is granted in all the three civil petitions. Lawyers Involved: Abdul Baset Majumder, Senior Advocate instructed by Mohammad Ali, Advocate-on-Record—For the Petitioners ...... in all the three civil petitions. Lawyers Involved: Abdul Baset Majumder, Senior Advocate instructed by Mohammad Ali, Advocate-on-Record—For the Petitioners (In all the cases) Mrs. Sufia Khatun, Advocate-on-Record—For Respondent Nos.1-4 (In Civil Petition Nos. 2512 & 2514 of 2009) ...........Respondents (In Civil Petition No. 2513 of 2009) Order February 9, 2012. Result: Leave is granted in all the three civil petitions. Lawyers Involved: Abdul Baset Majumder, Senior Advocate instructed by Mohammad Ali, Advocate-on-Record—For the Petitioners (In all the cases) ..Category: Property Law | Date: | Hits: 68
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 54 of 1973 rejecting the same, was illegal. 3. Plaintiff’s case, in brief, is that he was the lawful owner of 45 decimals of land as described in the schedule of plaint. He was forced with necessity of transferring the suit l...... Vs. Aysha Khatoon and others ................................................................... Opposite Parties Judgment November 20, 2011. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nur Mohammad Bhuiyan being dead his heirs Rumana and others ................ Petitioners Vs. Aysha Khatoon and others ................................................................... Opposite Parti......olute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Advocate - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 4269 of 1991..Category: Property Law | Date: | Hits: 87
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
....pposite party Nos. 1-16 and their predecessor-in-interest instituted Title Suit No. 58 of 1993 on 15.5.1993 in the Court of Senior Assistant Judge, Moksedpur, Gopalgonj for partition of their ejamali land as described in the schedule of the plaint. The defendants (herein petitioner Nos. 1-3) had app......s - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 933 of 1999 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-petitioners, was issued calling in question the legality of judgment and order dated 11.1.1999 passed by the Distr......irming those dated 20.5.1998 passed by the Assistant Judge, Moksedpur, Gopalgonj in Miscellaneous Case No. 17 of 1995 rejecting the same. 2. Facts relevant for disposal of the Rule, in short, are that opposite party Nos. 1-16 and their predecessor-in-interest instituted Title Suit No. 58 of 1993 ...... Atahar Shaik and others …………....Opposite Parties Judgment November 14, 2011. Result: The Rule is discharged. Lawyers Involved: S. M. Moonir with Lokman Karim, Advocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 933 of 1999 ..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....cessors-in-interest to opposite party Nos. 1(a)-3(c)] instituted the suit for declaration and partition on the averments, inter alia, that their father late Ramoni Mohan Saha was a tenant in the suit land under the landlord Praddut Kumar Tagore. Because of arrear rents, the landlord instituted a ren...... Advocate - for the petitioners. Not represented- the Opposite parties. Civil Revision No. 924 of 2004. Judgment Md. Ruhul Quddus J. - This Rule at the instance of defendant-respondents was issued to examine the legality of judgment and decree dated 21.1.2004 (decree signed on 27.1.2004......emanding the suit to the trial Court. 2. The plaintiffs [predecessors-in-interest to opposite party Nos. 1(a)-3(c)] instituted the suit for declaration and partition on the averments, inter alia, that their father late Ramoni Mohan Saha was a tenant in the suit land under the landlord Praddut Kum......is legal heirs Sree Rathindra Mohan Saha and others ...Opposite Parties Judgment November 21, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Nurul Islam, Advocate - for the petitioners. Not represented- the Opposite parties. Civil Revision No. 924 of 2004. ..Category: Property Law | Date: | Hits: 66
Category: Property Law | Date: | Hits: 113
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....ing the suit arose. 3. Defendant No.1 entered into appearance and contested the suit by filling a written statement denying the material allegations of plaint contending, inter alia, that the suit land and other lands originally belonged to Pachquori Pal and Joghobandu Pal in equal share. After t......ocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 678 of 1999. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the lega......me and remanding the suit for trial afresh on setting aside those dated 31.8.1994 passed by the Senior Assistant Judge, Munshiganj in Title Suit No.40 of 1991. 2. Plaintiff’s case, in brief, is that he had entered into an agreement with defendant No.1 Nogendra Krishna Kundu (herein opposite par......………………………Opposite Parties Judgment November 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Amirul Islam with Md. Rezaul Kabir Khan Advocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 678 of 1999...Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....1980.) Judgment Ruhul Islam J.- This appeal by special leave arises from an application under section 14 of the Non-Agricultural Tenancy Act, 1949 filed by respondent No.1 in respect of certain land with in the Dacca City. The sale under pre-emption was effected by Ayesha Khatun respondent No....... in: 35 DLR (AD) (1983) 230. ......n application under section 14 of the Non-Agricultural Tenancy Act, 1949 filed by respondent No.1 in respect of certain land with in the Dacca City. The sale under pre-emption was effected by Ayesha Khatun respondent No.2 in favour of the appellant by a kabala dated 10-9-73 which was registered on 5......………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezia..Category: Property Law | Date: | Hits: 85
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....for disposal of the Rule, as it appears from the record, are that the petitioners instituted a suit for perpetual injunction for restraining the opposite parties from dispossessing them from the suit land and disturbing their peaceful possession over the same in any manner. Their case, in brief, is ......d. Lawyers Involved: No one appears - for either of the parties. Civil Revision No. 9386 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued on an application under section 115 of the Code of Civil Procedure calling in question the......-in-charge, Fourth Court, Habiganj in Title Suit No. 23 of 1979. By the said order the Munsif-in-charge granted temporary injunction in favour of the plaintiffs. 2. It appears from the order book that the Rule was issued on 26.2.1984 and initially it was numbered as Civil Revision No. 24 of 1984...................Petitioners Vs. Arif Ullah and others .................Opposite Parties Judgment March 5, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - for either of the parties. Civil Revision No. 9386 of 1991. Judgment Md. Ruhul Quddus J. - T..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
....ty Nos.1 and 2 instituted Other Class Suit No. 176 of 2002 before the Senior Assistant Judge, Sadar, Sherpur for perpetual injunction restraining the defendant-petitioners from entering into the suit land and from disturbing their peaceful possession therein. Their case, in brief, is that the suit l................Petitioners Vs. Sree Sailesh Chandra Sen and others................Opposite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate - for opposite party Nos.1-2. ...... Judge, Sadar, Sherpur for perpetual injunction restraining the defendant-petitioners from entering into the suit land and from disturbing their peaceful possession therein. Their case, in brief, is that the suit land originally belonged to Sree Ganga Charan Mitra and Sree Jannabi Charan Mitra. C. S......rs Vs. Sree Sailesh Chandra Sen and others................Opposite Parties Judgment March 7, 2012. Result: The Rule is discharged. Lawyers Involved: Nahid Yeasmin, Advocate - for the petitioners. Mohammad Abdullah, Advocate - for opposite party Nos.1-2. Civil Revision N..Category: Property Law | Date: | Hits: 84
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....05 passed by the learned Senior Assistant Judge, in-Charge, Shyamnagar, Satkhira in Title Execution Case No. 1/2003 directing the defendant-judgment-debtor-opposite party to restore possession of the land in the decree to the plaintiff-decree-holder-petitioners should not be set aside. 2. Facts r......J Mahbub-ul-Alam Md. (Minor) and another........Petitioners Vs. Md. Alimuddin Karikor ...........Opposite Party Judgment February 11, 2009. Result: The Rule is made absolute. Cases Referred to- Ajiran Nessa Bewa Vs. Md Abdul Mannan, 45 DLR 66 = 1992 BLD 323; Safar Ali Miah......-debtor-opposite party to restore possession of the land in the decree to the plaintiff-decree-holder-petitioners should not be set aside. 2. Facts relevant for disposal of the Rule, in short, is that the petitioners as plaintiffs instituted Title Suit No. 61/1998 against the defendant-opposite p......ld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
....Title Suit No.67 of 1999 decreeing the suit. 2. The plaintiffs filed Title Suit No.46 of 1993, which was later renumbered as Title Suit No.67 of 1999, for declaration of title by purchase over the land described in the second schedule which is within the first schedule land described in the plain......ate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Masuk Miah and others.....................................Petitioners Vs. Md. Foyzur Rahman and......over the land described in the second schedule which is within the first schedule land described in the plaint and for khas possession upon removal of all impediments. 3. The plaintiffs' claim is that the land described in the first schedule land along with other lands measuring .69 acre origin......Vs. Md. Foyzur Rahman and others………………………………………..Respondents Order January 23, 2012. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Senior Advocate with (J. N. Deb, Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record—F..Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....so for a permanent injunction restraining the defendant-opposite parties from interfering with her peaceful possession in the suit property. 2. The plaintiffs case, in short, is that, except the land covered by Khatian Nos. 399 and 445 the remaining portion of the suit property belonged to Bino......ahman, Advocate - For the Opposite Party Nos. 41 and 42. Civil Revision No. 2330 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and decree dated 12-9-1996 passed by the Additional District Judge, 1st Court, Sylhet in Title Appeal No.4 of 1996 reversing t......ree dated 12-9-1996 passed by the Additional District Judge, 1st Court, Sylhet in Title Appeal No.4 of 1996 reversing the judgment and decree dated 27-11-1995 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.174 of 1992. Malati Bala Dey, mother of opposite party No.1 (Ka) as pl...... Vs. Maloti Bala Dey & others……………………Opposite Parties Judgment May 4, 1998. Result: The Rule is discharged. Lawyers Involved: Md. Faruque Ahmed, Advocate - For the Petitioner. Idrisur Rahman, Advocate - For the Opposite Party Nos. 41 and 42. Civil Rev..Category: Property Law | Date: | Hits: 88
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
....by the impugned judgment and decree dated 18-7-90 by the Subordinate Judge 1st Court, Lakshmipur. 3. The relevant facts of the case is that the property in dispute comprising an area of 0.35 acres land belonged admittedly to Subal alias Suddhannaya. He gifted the property to his wife Barada Sunda...... ......ision No. 66 of 1996. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the plaintiffs in Title Suit No.207 of 1982 which was dismissed on contest, for a declaration that two kabala deeds which were registered on 6-6-81 in the sub-registry Office, at Begumgonj, Noakh...... and others Vs. Keamat Ullah Malitha and others, 18 BLD (AD) 10; Seth Suganmal and others, Vs. Mt. Umraobi and others, AIR, 1938 (Nagpur) 550. Lawyers Involved: Hasan Foiz Siddique, Advocate - For the Petitioner. Md. Osman Gani, Advocate - For the Opposite Parties. Civil Revision No. 66 ..Category: Procedural Law | Date: | Hits: 105
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... in the suit. The defendant Nos. 1, 2 and 19 have been contesting the suit by presenting written statement. The petitioners by way of several kabala deeds dated July 19, 1993 purchased 20.42 acres of land from defendant Nos. 1, 2, 11, 13, 19, 20 and 21 during the pendency of the Suit. 3. The peti......ule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......d by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and also a declaration that kabala deeds dated 7-4-1942 and 23-2-1943 and Danpatra deeds dated 12-5-1977 are forged, collusi......ia Vs. Additional Member, Board of Revenue, Bihar and another, AIR 1963 SC 786; Munshi Ram Vs. Narsi Ram and another, AIR 1983 SC 271. Lawyers Involved: SH Md. Nurul Huda Jaigirdar, Advocate - For the Petitioner. PC Guha, with Purabi Shaha and Faridul Alam Talukder, Advocates - For the Oppo..Category: Procedural Law | Date: | Hits: 74
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ted the suit by filing a joint written statement denying material allegations and stating that the suit property originally belonged to their predecessor Alabuddin who took lease of the same from the landlord on the basis of kabuliyat and patta from the landlord Gouri Pria Debi at an annual jama of ......e ‑ For the Respondents. Second Appeal No. 269 of 1973. Judgment Kazi Ebadul Hoque J. - This appeal by the contesting defendant Nos. 1 and 8 is against judgment and decree dated 26.9.1972 passed by the Additional District Judge, Comilla in Title Appeal No. 95 of 1967 affirming the judgmen...... 26.......d others............................Respondents Judgment November 21, 1994. Result: The appeal is allowed in part. Lawyers Involved: Amir Hossain with Farzana Hoque, Advocates ‑ For the Appellants. Abdul Kuddus Mia, Advocate ‑ For the Respondents. Second Appeal No. 269 o..Category: Procedural Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ent plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of title and recovery of possession of the suit land. 3. The present appellant Santosh Kumar Paul as plaintiff instituted Title Suit No. 221 of 1............... ....................Appellant Vs. Nuruddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga...... the above suit and also for recovery of possession of the same by evicting the said defendant with removal of his huts therefrom. 4. The case of the plaintiff‑appellant Santosh Kumar Paul was, that he purchased the suit land from one Umesh Chandra Saha by two Kabalas dated 12.2.62 and 13.7.62 ......e Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian Appeal 122 (PC); Administrator of Waqfs and another Vs. Musammat Sahera Begum Chowdhurani and others, 28 DLR 238; Lutfur Rahman ..Category: Procedural Law | Date: | Hits: 129
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....dents to show cause as to why the action of the respondents in not allowing the petitioner to carry out his leasehold right by extracting ordinary stone using no heavy machinery from 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar should n......, Advocate—For the Petitioner. Korunamoy Chakma, Deputy Attorney-General—For the Respondent No. 3. Writ Petition No.5253 of 2009. Judgment Moyeenul Islam Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the action of the respondents in not ......satisfaction of all concerned. But at one stage, the Deputy Commissioner, Panchagar (respondent No.3) verbally instructed him to stop extraction of stone from the quarry without assigning any reason whatsoever. This verbal order of the respondent No.3 came as a bolt from the blue to the petitioner i......Bangladesh and others…………………………Respondents Judgment February 22, 2010. Result: The Rule is made absolute. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Korunamoy Chakma, Deputy Attorney-General—For the Respondent No. 3. Writ ..Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....intiff instituted Title Suit No.41 of 2000 in the first Court of Joint District Judge, Chittagong, impleading the petitioner and opposite party Nos.2-6 as defendants for declaration of title in the land described in the schedule of the plaint and for permanent injunction. 3. The plaintiff case ......nd necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title Suit No.41 of 2000, allowing an application for amendment of the plaint. 2. Short facts leading to this Rule are that on 22-3-2000 opposite party No.1 as plaintiff instituted Title Suit No.41 of 2000 in the first......0; SN Roy Chowdhury Vs. A Jabber, 1994 BLD 229 =46 DLR 273; Moyjuddin Mondol Vs. Bena Rani Das, 45 DLR 154; MA Jahangir Vs. Abdul Malek, 41 DLR 389. Lawyers Involved: Kamal-ul-Alam, Advocate—For the Petitioner. Rabi Shankar Chakraborty, Advocate—For the Opposite Party No.1. Civil Rev..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....itrary malafide and ultra vires the Constitution. 6. In the supplementary-affidavit filed on behalf of the petitioner, it has been averred that different countries like Canada, Australia, England and Sri Lanka have made Warrants of Precedence considering their respective Constitutions and l..............Petitioner Vs. Bangladesh and others…………………Respondents Judgment February 4, 2010. Result: Rule is made absolute. Cases Referred to- Secretary, Ministry of Finance Vs. Masdar Hossain, 52 DLR (AD) 82; Associ......nt has failed to introduce a separate pay scale for the members of the Judicial Service. The initial pay scale of a District Judge being at grade 3 of the National Pay Scale of 2005 is equivalent to that of a Joint-Secretary to the Government. The Additional District Judge is the second highest post......matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270