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Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....or Assistant Judge, 3rd Court, Dhaka for declaration of title, recovery of khas possession and demarcation of the suit property stating, inter alia, that one Tusi Bewa along with other persons were owners of 1320 ajutangsha of property and that on the basis of amicable settlement amongst the CS te......is also Reported in: 12 BLC (AD) (2007) 42. ......is property to Shahani Bibi under a deed of exchange. It was further stated that Marium Bibi, Isani Bibi and Jaynab Bibi sold out their property to Shahani Bibi and thus Shahani Bibi became owner and possessor of the suit property and that she died leaving behind the plaintiff and that, all on a s..Category: Property Law | Date: | Hits: 28
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....get khas possession and their suit is liable to be dismissed. 4. The case of the defendant Nos.13 and 14 was that Asmot Mia by a registered deed dated 10th Poush 1334 BS became the absolute owner of the land in suit and was possessing the same, that Asmot Mia died leaving 3 sons by name, ......2 BLC (AD)(2007) 18. ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....the Hukumnama dated 10th Kartick, 1344 BS and father of the defendant Nos.1-9, Abu Sufian put his signature on the Hukumnama as a witness, that Abu Sufian was a clever man and though was not ever the owner and possessor of the land in suit, yet in collusion with the survey officials, managed to get ......rted in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......ama dated 10th Kartick, 1344 BS and father of the defendant Nos.1-9, Abu Sufian put his signature on the Hukumnama as a witness, that Abu Sufian was a clever man and though was not ever the owner and possessor of the land in suit, yet in collusion with the survey officials, managed to get his name r..Category: Property Law | Date: | Hits: 33
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
.... aforesaid judgment allowed the prayer for pre-emption sought under section 96 of the State Acquisition and Tenancy Act, 1950. Pre-emption was sought claiming to be a contiguous land owner. It appears from the judgment of the High Court Division sought to be appealed that the civil......: V ADC (2008) 296. ......ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
.... also denied the possession of the plaintiff in the land in suit. The definite case of the defendant No. 2 is that the property in suit was treated as enemy property on February 18, 1967 since the owners of the property migrated to India, that recorded owner Sreenath Chatterjee died on July......pellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Md. Hassan Ameen J Matiar Rahman being dead his heirs: Shahajada Hossain Mallik and others..... Appellant Vs. Assistant Custodian of Enemy Property Lands and Buildin......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ..Category: Property Law | Date: | Hits: 34
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
.... as informant lodged an FIR on 15-02-2000 with Dhanmondi Police Station, alleging, inter alia, that she conceived in the middle of last year and she had been under treatment of Dr. Hafizur Rahman, owner of Mother and Child Care Center and as per his (Dr. Hafiz) advice all necessary medical ......urt Appellate Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Dr. Hafizur Rahman and another ………………Petitioners Vs. The State......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ..Category: Criminal Law | Date: | Hits: 42
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....itioner as plaintiff filed Title Suit No.43 of 2003 in the court of Senior Assistant Judge, Sadar, Noakhali for permanent injunction on the allegations, inter alia, that one Abdul Latif Mia as owner in possession distributed his properties amongst his heirs vide registered Nirdeshpatra dated...... Civil Petition for Leave to Appeal No.1416 of 2005. (From the judgment and order dated 31.8.2005 passed by the High Court Division in Civil Revision No.3530 of 2005).&nbs......osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ..Category: Property Law | Date: | Hits: 43
Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)
....the document. 3. The defendants contested the suit by filing a written statement denying the material allegations made in the plaint. Their case is that Keshob Chandra was the owner of the suit land. He transferred .7 ½ decimals of land in favour of Bachiruddin and ot......ocate (with M. Nurul Amin, Advocate) instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 835 of 2005. (From the judgment and order dated 19.03.2005 passed by the High Court Division in Civil Revision No.1386 of 2002). ......decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 237. ..Category: Property Law | Date: | Hits: 26
Bangladesh Vs. Kopil Das, 2007, 36 CLC (AD)
.... on record, particularly Exts. C and D to the writ petition held that "there is no ground for respondent No.3 in not implementing the order. Whether the petitioner is the real owner or not the matter to be decided by the respondent No.3 and he cannot decide that the imp...... CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Land, Secretariat Building, Ramna, Dhaka and others ......................Petitioners Vs. ......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 214. ..Category: Property Law | Date: | Hits: 28
Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)
.....72 acres of land including homestead, that Tarani Baishnab died leaving the plaintiff as the sole heir, that plaintiff sold 2.48 acres of land to different persons and thereupon remained the owner of 1.24 acres of land, that R.S. record was wrongly prepared in the name of the persons who h......ADC (2008) 211. ......ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ..Category: Property Law | Date: | Hits: 27
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)
....nder application No. 22857 and obtained registration and thereafter renewed the registration for a period of 15 years from 01.10.1992 and by virtue of such registration they became the absolute owner of the said Trade Mark in Bangladesh for all kinds of Hosiery goods and as such no body else i.........................Petitioner Vs. Deputy Registrar of Trade Marks, The Trade Marks Registry Shilpa Bhavan, Annex Building, 91 Motijheel Commercial Area, Police Station-Motijheel, District-Dhaka and another ........................... Respondents. Result: The petition is dismissed. Law......High court Division committed no illegality in dismissing the appeal. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ..Category: Intellectual Property Law | Date: | Hits: 196
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
..... the registered patta dated 22-06-1931 marked as Exhibit-'A' and also the trust deed dated 30-5-1932 as Exhibit A/1, showing that the property was taken by Fazlul Karim from the original owner Kalidash Mukharjee through registered patta and there after the same was permanently ded......ad Fazlul Karim J Amirul Kabir Chowdhury J Shaikh Md. Asad Hossain...........Appellant Vs. Maulana Md. Abdur Razzaque Chisty being dead his heirs: 1. Mommat Hasina Begum and others...........Respondents Judgment August 26, 2005. Lawyers Involved: ......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..Category: Property Law | Date: | Hits: 24
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....;sions of sub-sections (1) and 3 of Section 3 of the Hindu Womens Rights to the Property Act (XVIII of 1937) it clearly appears that during the period of her life time a Hindu widow is a complete owner and co-sharer of any property or holding in question with the right to claim partition ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bulmayee Barmani alias Srimati Bulmayee Barmani and another.........Petitioners Vs. Sree Madhuram Barman and another.....Respondents ...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..Category: Property Law | Date: | Hits: 67
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
.... defendant Nos.5 and 7 by filing separate sets of written statement upon denying the case of the plaintiffs. The case of the defendants is that Pyar Mamud, father of the defendant Nos. 1-3 was the owner of the land in suit and during economic distress of the year 1974 he sold the land to de......eported in: IV ADC (2007) 920. ......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ..Category: Property Law | Date: | Hits: 18
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....ubsisting interest in 1.80 acres of land out of 3.60 acres of land left by his father Alimuddin and Dud Miah also purchased 24 ½ decimals of land with his own money and thus he became owner in respect of 2.04 ½ acres of land including .15 ½ decimals of land ......d in: V ADC (2008) 54. ......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....the suit. 2. The respondent instituted the above Title Suit No. 121 of 1990 praying for declaration that the plaintiff i.e. the Government of the People's Republic of Bangladesh, is the owner of the suit land and that the ex parte decree dated 4.3.1975 passed by the learned Munsif (n......ioner & others, Comilla……………………..Respondents Judgment May7, 2006. Cases Referred To- Md. Afaz Uddin Mollah and others vs. Md. Maizuddin Shaikh, BCR 1983 (AD) 48. Lawyers Involved: &......Court, Comilla in Miscellaneous Case No. 104 of 1974 is collusive, fraudulent, null and void stating, inter alia, that Mr. Kazi Golam Mohiuddin faruki (G.M. Faruki) was the original owner and possessor of the suit land along with other lands and Settlement Khatian No. 4 was prepared in the ..Category: Property Law | Date: | Hits: 27
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....the suit. The defendant Nos.1 and 2 contested the suit and filed written statement contending, inter alia, that the alleged agreement for sale dated 30.8.1947 is forged and fabricated; the original owners Surendra and Dijendra having left for India in the year 1965 the suit land, at first, became ...... Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result: The petition is dismissed. Cases referred To- Abdur Rashim vs. Md. Rezauddin and others, 5 BLC (AD) 76; Md. Ashraf Ali and another vs. Fatiq Chandra Saha and others, 1983 BLD (A......o possession in the suit land on the basis of the agreement and as such the possession of the plaintiff in the suit land is permissive and if possession is found to be permissive at its inception the possessor cannot claim adversely to the grantor of the possession and the question of adverse posses..Category: Property Law | Date: | Hits: 39
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
.... other land by way of a registered deed of gift dated 22.01.1935 and subsequently made under gift of the remaining portion of the suit land and handed over possession to him. Rahmat Ali as rightful owner possesses 4.70 acres of land of the 'Ka' schedule S.A. Khatian No.383 was prepared in his na......t Appellate Division (Civil) Present Mohammad Fazlul Karim J Md. Joynul Abedin J Rahmat Ali being dead his following substituted heirs; Md. Abdur Rashid and others.……….. Petitioners Vs. Md. Abdul Gani and others ...........the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
.... being No. 3001; that while possessing the same Mahabubul Hoque died and thereafter his share was developed to other brothers and sisters and after the death of Md. Shafi, defendant Nos.2-5 became owner of his left property and after death of Farid Ahmed defendant No. 6-8 became owner of his lef......l Karin J MM. Ruhul Amin J Faiz Ahmed Chowdhury……………………....Plaintiff-petitioner. Vs. Alhaj Shamsul Huda Chowdhury and others ......Defendant-respondent Judgment May 14, 2007. Cases Referred T......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ..Category: Property Law | Date: | Hits: 38
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....550. One of the Korfa tenants Ibrahim Mollah surrendered his Korfa right to the original landlady Manjony Bewa and the other Korfa tenants abandoned the property and it was resumed by the owner Majnony Bewa as her Khas possession and was enjoyed by her. In the year of 1936 by oral gift ......ADC (2008) 115. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
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