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People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)

.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......- Jalil Ahmed vs. The Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. The Province of East Pakistan (1968)20 DLR (SC) 144. Lawyers Involve: Md. Moksudur Rahman, Dy. Attorney-General, instructed by B. Hossain, Advocate-on- Record —For the Appellan......ivision (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J People's Republic of Bangladesh represented by the Deputy Commissioner, Sylhet and others ..........Appellants.   &nb......s described is schedule plaint appertenant to the Plff-Debuttor Estate; (2) that the same had not been acquired under S. A. & T. Act; (3) that notifications dated 2-4-56 u/s 3 of the Act are null and void; (4) that no compensation assessment rolls with ..

Category: Property Law | Date: | Hits: 44

Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)

....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......y the owner and the holding never abandoned by the owner before, forcible eviction of the possessors of such right from the premises is illegal under PO XVI of 1972. Lawyers Involved: Maksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record, —For the Petitioner......t Appellate Division (Civil) Present: Ruhul Islam J KM Subhan J Govt. of Bangladesh, represented by the Secretary, Public Works and Urban Development, Secretariat Buildings, Dacca & another………………..Petitioners Vs. Md. Abdus Subhan & others……………......Court Division passed in a petition filed by the Respondents under Article 102 of the Constitution. 2. The Respondents 1 and 2 entered into an agreement for sale of the premises in question on 15.6,70 for a consideration of Tk. 10,000/- and on receipt of 9000/- the owner handed over possession..

Category: Property Law | Date: | Hits: 67

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......d by B. Hossain, Advocate on Record— For the Appellant in all the appeals. Shamsul Huq Chowdhury, Advocate, instructed by S. M. Huq, Advocate-on-Record—For Respondent No. 1 (in C. A. Nos. 31 & 38 of 1974). S. M. Huq, Advocate-on-Record—For Respondent No. 1 (in C. A. 40 of 1974) S. M......��………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and Tenancy Act, 1950 (Act XXVII of 1951), sections 95, 95(A) The Constitution of Bangladesh, 1972, Article 47 P...

Category: Property Law | Date: | Hits: 85

Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)

....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......alable. Lawyers Involved: Nizamuddin Haider, Advocate instructed by Shahabuddin Ahmed, Advocate-on Record- For the Appellants. Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate on- Record—For the Respondent No. 1. Ex-parte—For Respondent Nos. 2-50. C......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......yet Hossain and another.................. Appellants. Vs. Md. Abu Taher and others................... Respondents. Judgment January 16, 1980. The State Acquisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of..

Category: Property Law | Date: | Hits: 55

Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)

....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......r Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose 34 C.L.J. 79. Lawyers Involved: Miah A, Gafur, Advocate-on-Record...For the Appellant. Md. Shafiqur Rahman, Advocate-on-Record —For Respondent nos. 1—3. Ex-parte—Respondent Nos. 4—22. Ci......upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Badsha Mia Bepari... ….Appellant. Vs. Abul Bashar & ors... ………Respondent Judgment Jan. 15, 1980. The State Acquisition of Tenancy Act, ......Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Badsha Mia Bepari... ….Appellant. Vs. Abul Bashar & ors... ………Respondent Judgment Jan. 15, 1980. The State Acquisition of Tenancy Act, 1950 (Act XXVIII of 1951), section 96. Specific..

Category: Property Law | Date: | Hits: 57

Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)

....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ...... that date. If fraud is proved then there is no question of limitation. Reliance may be placed in the cases of Abdul Rauf vs. Abdul Harnid Khan, (1965) 17 DLR (SC) 515-PLD 1965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with......r, Advocate-on-Record— For the Appellant. Ahmad Sobhan, Senior Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondent. Civil Appeal No. 142 of 1978. (From the judgment & order dated 5.9.74 passed by the High Court Division in Civil Revision Case Mo. 787 of 1974). J...... (Civil) Present: F.K M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Abul Khair Mia.........Appellant Vs. Abdul Latif Sardar………Respondent Judgment February 5, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Order IX, rule 13 It is by practic..

Category: Property Law | Date: | Hits: 69

Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)

....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ...... for cutting away of paddy does not lie against the defendants. Case Referred to- Muralidhar vs. Rupendra Nath , 56 C.W.N. 260. Lawyers Involved: Abdus Salam, Senior Advocate, with Habibur Rahman, Advocate, instructed by Md. A. Aziz, Advocate-on-Record—For the Appellants. M. A. Aziz,...... in: 32 DLR (AD) (1980) 136 ......session. Irrespective of the question of title, a suit for money by way of damages for cutting away of paddy does not lie against the defendants. Case Referred to- Muralidhar vs. Rupendra Nath , 56 C.W.N. 260. Lawyers Involved: Abdus Salam, Senior Advocate, with Habibur Rahman, Advocate, ..

Category: Property Law | Date: | Hits: 56

Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)

....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......his Case is also Reported in: 32 DLR (AD) (1980) 54 ......ider J Chowdhury, J Ahmed Hossain & ors............Appellants. Vs. Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951), sections 96, 96(5)(b), 96(1) (5)(b). The pre-emptor must show that h..

Category: Property Law | Date: | Hits: 66

Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)

....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......ior Advocate, instructed by B.C. Panday, Advocate-on Record —For the Appellants. Anwarul Huq Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For Respondents 1& 2. A. Kashem Bhuiyan, Advocate, instructed by S. M. Huq, Advocate-on-Record.—For Respondent 3......of Proof The burden of proof is on the Enemy Property Authority to establish that the predecessors of the vendors migrated to India earlier to the Enemy Property Law came into operation in 1965, to establish that the property is enemy property. Having failed to discharge the burden of proof ..

Category: Property Law | Date: | Hits: 58

Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)

....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ...... Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J. Inu Mia and others .........................Appellants Vs. Mokhlesur Rahman and others.........................Respondents Judgment January 15th, 1980. ...... Appellants. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondent Nos. 1-6. CA 109 of 1979 from CR 174 of 1977. Judgment:                  Ruhul I...... Chowdhury J. Inu Mia and others .........................Appellants Vs. Mokhlesur Rahman and others.........................Respondents Judgment January 15th, 1980. Lawyers Involved: Abdus Salam, Senior Advocate, instructed by BC Panday, A..

Category: Property Law | Date: | Hits: 54

Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)

....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......ible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......-Record-For the Appellant. Asrarul Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 56 of 1991. (From the Judgment and order dated 11.11.91 passed by the High Court Division in Civi..

Category: Property Law | Date: | Hits: 66

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......missed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......erred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petiti.......Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another...............................Respondents Judgment May 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawye..

Category: Property Law | Date: | Hits: 101

Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)

.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......LR (AD) (1993) 136 ...... the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......ily rejecting the Writ Petition after affirming the Judgment of the Court of Settlement, Bangladesh Abandoned Buildings, Dhaka passed in Settlement Case No. 1103 of 1987 in respect of holding No. C/56 3rd Colony, Mirpur, Dhaka. 2. The appellant's case, in short, is that holding No. C/56, 3r..

Category: Property Law | Date: | Hits: 63

Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)

.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......sts. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ...... Judgment December 7th, 1992. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. (In all the appeals). Abdul Basel Mujumder, Advocate-on-Record- For the Respondent. (In all the appeals). Civil Appeal Nos. 7 to 10 of W91. (F......). Judgment: MH Rahman J.- The appellants filed four different applications for pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fifth Court, Sadar, Chittagong, on the ground that the..

Category: Property Law | Date: | Hits: 72

Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)

....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ...... costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Jahiruddin Mollah (Md)…………… Pre-emptor-Appellant      &......Hosne Ara Begum and others....................... Pre‑emptee-Respondents Judgment April 21st, 1993. Cases Referred to- Ahmed Hossain Vs. Basharat Ali 32 DLR (AD) 54; Hazi Tozambar Ali Vs. Abdus Sattar 34 DLR (AD) 217. Lawyers Involved: TH Khan, S..

Category: Property Law | Date: | Hits: 72

Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)

....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......smissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ...... Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment January 20th, 1993. Cases Referred to-  Hosne Ara Begum & ors. Vs. Mosammat Anowan Begum & others, 37 DLR I54; Nelly ......angoe and others...........Respondents Judgment January 20th, 1993. Cases Referred to- Hosne Ara Begum & ors. Vs. Mosammat Anowan Begum & others, 37 DLR I54; Nelly Zaman Vs. Giasuddin Khan, 34 DLR (AD) 221; Shafique Mia Vs. Meherunnessa and another CP ..

Category: Property Law | Date: | Hits: 85

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......s above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engineering Corporation, represented by its Secretary………….. Appellant [In ......p;……...................Respondents [In both the appeals] Judgment November 12th, 1992. Cases Referred to- Palani Goundan Vs. Peria Goundan AIR 1941 (Mad) 158; The State of Madhya Pradesh & others Vs. Vishnu Prasad Sharma and ors. AIR 1966 (SC) 1593. ..

Category: Property Law | Date: | Hits: 65

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......peal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......espondent. Civil Appeal No. 7 of 1990. (From the judgment and order dated 8.8.90 passed by the High Court Division, Dhaka in First Appeal). Judgment:              MH Rahman J.- The husband............Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1962] 3 All. ER 345; Jansen Vs. Jansen [1965] 3 All. ER 363 ; Pettitt Vs...

Category: Property Law | Date: | Hits: 80

Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)

....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......e. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Alhaj Mokter Hussain Talukder ..................................Plaintiff-Petitioner Vs. Ainuddin Ahmed and others………….... Defendants-Respondents Judgment July 7, 1991. ..........Plaintiff-Petitioner Vs. Ainuddin Ahmed and others………….... Defendants-Respondents Judgment July 7, 1991. Case Referred to- PLD 1953 (Dhaka) 183. Lawyers Involved: AK Badrul Huq, Advocate at present instructed by Md...

Category: Property Law | Date: | Hits: 63

Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)

....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......il) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Jobeda Khatun..................Appellant                 &nbs......92. Cases Referred to- Shah Muhammad Vs. Huq Nawaz and the State 23 DLR (SC) 14 and Md. Shahabul Huda Vs. Md. Sahafi 36 DLR (AD) 44, Re NP Essappa Chettiar AIR 1942 Mad. 756; The Corporation of Calcutta Vs. Bijoy Kumar and others AIR 1924 Cal. 334 and Commissioners for ..

Category: Property Law | Date: | Hits: 81

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