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Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....lied to the abandoned property authority for lease of part of the property in question and the abandoned property authority leased out the property (part) in question to the petitioner herein. The owner of the property challenged the action of the Government in treating the property in question ......ate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 9 of 2006. (From the Judgment and Order dated August 1, 2005 passed by the Appellate Division in Civil Appeal No.85 of 1997). ......und 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) 112. ..Category: Property Law | Date: | Hits: 36
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....very of khas possession and that the suit, was also bad for defect of parties. The learned Additional District Judge while dismissing the suit as above also held that the plaintiff became the owner of the suit land in view of the said gazette notifications, Exts 1 and 1(a) and the same have......(Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, 2007. Case Referred......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..Category: Property Law | Date: | Hits: 35
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....ia, the Waqif and first mutwalli of the Estate transferred 1/3rd share of the land to Sahera Khatun, daughter by his divorced wife. After the death of Mendi Mia, Mogol Bibi his second wife became the owner of rest 2/3rd share of the property. The plaintiff filed an application before the Waqf Admini......n Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) Judgment March 27, 2007. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-F......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..Category: Tenancy Law | Date: | Hits: 155
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....ce the suit. The defendant Nos. 1-3 contested the suit by filing written statement contending, inter alia, that the suit is barred by limitation; the proforma defendant no. 4 is the real owner of the suit land and he was not the benamder of the plaintiff and the defendants acquire...... in: IV ADC (2007) 841. ......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ..Category: Property Law | Date: | Hits: 63
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....een the incidents of agricultural land and non-agricultural land. For solid practical reasons also, no such distinction would seem to be attractive. If law as provided in section 129 has exempted the owner of urban property, which are generally more valuable than agricultural land, from transferri......buddin Ahmed J Jabed Ali……………………………………………………………………………………..….Appellant Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others….……..Respondents Judgment January 5, 1982. Result: The appeal is dism......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....l Revision No. 5731 of 2001 discharging the Rule. 2. The facts, leading to this petition, are that the plaintiff-respondents filed Other Suit No. 161 of 2000, alleging, inter alia, that the owners of the property described in C.S. Dage No. 248 under Khatian No. 324 were Lalkha, Isha Kha,......hellip;……………………………………………Petitioner Vs. Md. Abu Bakar Siddique Khan and others......Respondents Judgment July 11, 2006. Lawyers Involved: M......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
.... and order dated 14.01.2002 passed by a Division Bench of the High Court Division in Writ Petition 2382 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner was the owner of 1.33% acres of land of C.S. Plot Nos. 1081 and 1082 of C.S. Khatian No.14 and an area of 1......torney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 282 of 2004. (From the judgment and order dated 14.01.2002 passed by the High Court Division in Writ Petition No. 2382 of 1999). ......correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ..Category: Property Law | Date: | Hits: 26
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....of the High Court Division in Admiralty Suit No. 8 of 1988 dismissing the same. The case of the plaintiffs is that Chalna Carriers and Fibres Ltd. a Private Limited Company (plaintiff No.1) is the owner of oil Tanker, M.V. Tapash (plaintiff No.2), that the said oil Tanker loaded with 4,06,0...... Reported in: IV ADC (2007) 735. ......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....itu Mondal's son Gudar All relinquished his right in respect of the land of plot No. 837, that Jitu Mondal's one son and one daughter sold their share to their brother Alfazuddin and thus he became owner of 10 decimals of land, that 5 decimals of land was settled by Tares Mondal to Refatullah Mon......) 672. ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....ndants from entering into the suit land or from dispossessing him from the suit land in the Court of Assistant Judge, Ghatail, Tangail. The case of the plaintiff was that Goher Sheikh was the sole owner of the land in C.S. Khatian No. 470 including suit plot No. 601 while his son Modhu Skeikh wa......Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shamsul Haque and another………………Petitioners Vs. Md. Abdul J......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ..Category: Property Law | Date: | Hits: 23
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....a Baniakhamar originally belonged to one Rakhal Das Bose and his wife. The case of the plaintiff is that their predecessor-in-interest, Baidyanath Chatterjee purchased the suit land from the original owners in the benami of his relative Srish Chandra Bhattacharjee by a registered kabala dated 28.07.......ate-on- Record-For the Appellants. Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 117-118 of 1998 (From the judgment and order dated 13.08.1995 passed by the High Court Division in Civil Revision No. 1222 of 1981 with...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....ansaction in securities by any member, director or officer of a Stock Exchange or of an issuer, or of a director or an officer thereof, or by any person who is directly or indirectly the beneficial owner of not less than ten per cent of a listed security. 9. High Court Division heard the ...... Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Wonder Land Toys Ltd., C-101, Central Road, New DOHS Mohakhali C/A, Dhaka…….Petitioner ...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....available to the court, showed that notice was issued upon the occupant of the above plot to ascertain the basis of their occupation and then the respondent No.4, having claimed to be the allottee/owner of the plot, was asked to submit the original papers of title to the Ministry of Works and al......hul Amin J Md. Tafazzul Islam J Shadharan Bima Corporation...........................Petitioners (In both the cases) Vs. The First Court of Settlement and other................Respondents (In both the cases) Judgment January 26, 2006. ......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..Category: Property Law | Date: | Hits: 41
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....Court Division erred in decreeing the suit in part. 10. Lastly Mr. Alam farther submits that the title of the petitioner having been established in respect of the suit premises by accepting him as owner of the suit property, the High Court Division erred in not declaring the title of the plaintif......ate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the High Court Division in Civil Revision No.1931 of 2......d. Idris Ali. Thereafter, whereabouts of said Nasim Razzak could not be ascertained. While Idris Ali was thus in possession by payment of municipality taxes, rates etc. he on 12.08.85 transferred the possessory right to the plaintiff at a consideration of Taka 70,000.00 only by way of a registered p..Category: Tenancy Law | Date: | Hits: 180
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....to the sale no question of waiving his right arises. [Obiter] Right of pre-emption accrues to the pre-emptor only after the case land is sold to the purchaser pre-emptor by its owner. It does not arise before sale and any such right before sale is an inchoate and immature rig...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Dewan Ali..........................Appellant Vs. Md. Jasim Uddin and others .......Respondents Judgment January 6, 2008. The State Acquisitio...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ..Category: Property Law | Date: | Hits: 32
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....ion that the two ewaznama deeds as described in the Kha schedule to the plaint are forged, fraudulent, void and not binding upon them on the averments that Golak Sarder and Ramgati Sarder were the owners in possession of the suit property to the extent of 12 annas and 4 annas respectively coveri......MLR (AD) 2008, 168. ......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..Category: Property Law | Date: | Hits: 33
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
.... same in favour of some fake persons and at their instance, two persons, Motahar Ali and Mokter Ali, on the basis of two alleged power of attornies dated 28.9.1978 and 24.10.1979, claimed to be the owner of the said property but the above claim, being found to be false was rejected; then in the y...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Khizir Haider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Her......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..Category: Criminal Law | Date: | Hits: 43
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....f 2000 praying for permanent injunction on the averments that Salimuddin Mondal, the predecessor of the plaintiffs, by Deed of Sale No.8349 dated 27.3.1975 purchased the suit land from the original owner Samiruddin Mondal and then he constructed a house and planted trees therein and after his de...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M.Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Abdul Hai and other.........Petitioners Vs. Chan Banu Bibi..................Respondent Ju......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....ent petition for leave to appeal. 6. Mr. Md. Shamsul Huda, the learned Advocate appearing for the petitioners, submits that the informant of this case is not real Masudur Rahman nor the real owner of the case properties, from whom the petitioners purchased the house. The present informant ...... ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..Category: Criminal Law | Date: | Hits: 39
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....bagh Tannery Masjid from the said plot on 15-10-1985. Defendant No. 28 gifted 0.09 acre of the suit plot to his wife, which he had purchased on 15-64987. The plaintiff thus being the rightful owner of 0.02 acre of the suit plot has possessed the same in ejmali making constructions...... Khorshed Alam (Md).....................Petitioner Vs. Hazi Mohiuddin and others.............Respondents Judgment February 18, 2007. Lawyers Involve......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
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