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Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......rted in: 45 DLR (AD) (1993) 26 ......en................Petitioner Vs Abdul Latif Sheikh and others....................Respondents Judgment December 1st, 1992. Cases Referred to- ILR 44 Cal 47 & 19 DLR (SC) 36. Lawyers Involved: Moksum-ul-Hakim, Senior Advocate (Abdul Hamid......stitution of the pre‑emption proceeding. The right of pre-emption accrued to the pre-emptor is not affected by the subsequent acquisition of co-sharership by the pre‑emptee. 5. Mr. Moksum‑ul-Hakim next contended that the High Court Division illegally decided that si..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......t of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..........................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37, ‑15 DLR (SC) 139; Yusuf Ali Chowdhury Vs. Province of East Pakistan, 11 DLR (SC) 316; A. Robe.....................................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37, ‑15 DLR (SC) 139; Yusuf Ali Chowdhury Vs. Province of East Pakistan, 11 DLR (SC) 3..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......smissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......ucted by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Zakir Hossain, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Petition for leave to appeal No. 121 of 1990. (From ......#8209;Respondent No. 2. Civil Petition for leave to appeal No. 121 of 1990. (From the judgment and order dated 27.2.90 passed by the High Court Division, Dhaka in Civil Revision No. 575 of 1987). Judgment: &..Category: Property Law | Date: | Hits: 49
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......costs. Ed. ......case there will be no order as to costs. Ed. ......aimed to have effected improvement of the land in question 3. The application for pre-emption was filed on 29.2.64. Thereafter the pre-emptor amended his application for pre emption on 16-1-65 describing it to be an alternative application under section 96 of the East Bengal State Ac..Category: Property Law | Date: | Hits: 60
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ...... Civil Appeal No. 28 of 1986 (From the Judgment and order dated 14.11.84 passed by the High Court Division, Sylhet Bench, in Civil Revision No. 1391 of 1978). Judgment: Lat......het, in Civil Revision No. 1391 of 1978 discharging the Rule and upholding the orders of the Courts below arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre‑emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 fo..Category: Property Law | Date: | Hits: 85
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......rder as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......Nos. 10 and 11. Civil Appeal No. 79 of 1985. (From the Judgment and order dated 16.2.84 passed by the High Court Division Sy1het Bench in SA No. 554 of 1978). Judgment: ATM Afz......Farid Miah ......................................Appellant Vs. Kutubuddin, being dead, his heirs: Shanu Begum and others .................... Respondents Judgment May 15th, 1990. Lawyers Involved: MH Khandker, Senior Advocate, (AJ Mohammad Ali, Advocate..Category: Property Law | Date: | Hits: 80
....dur Rahman. The summary rejection of
the revisional application is perfectly justified.
The petition is dismissed.
Ed.
This case is also reported
in: 46 DLR (AD) (1994) 179
......issed.
Ed.
This case is also reported
in: 46 DLR (AD) (1994) 179
......
ATM
Afzal J
Mustafa
Kamal J
Latifur
Rahman J.
Additional Deputy Commissioner
(Revenue), Manikgonj ................Petitioner
Vs.
Md. Siddiqur Rahman and others
…………Respondents
Judgment
June 23rd, 1993.
Lawyers
......, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain,
Advocate-on-Record -For the Petitioner.
Not represented-For the
Respondent.
Civil
Petition for Leave to Appeal No. 151 of 199 1.
Judgment:
&n..
Category: Property Law | Date: | Hits: 62
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......man, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Respondent No. 1. Nurul Huq, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent Nos. 3 & 4. Not Represented - Respondent Nos. 2 & 5. Civil Appeal No. 64 of 1993. (From th......vocate-on-Record-For the Respondent No. 1. Nurul Huq, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent Nos. 3 & 4. Not Represented - Respondent Nos. 2 & 5. Civil Appeal No. 64 of 1993. (From the Judgment and Order dated 26.4.93 passed by the High ..Category: Property Law | Date: | Hits: 86
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......t. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......order can be made for de-requisition of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 27 DLR 597. Lawyers Involved: B Hossain, Deputy Attorney‑General, instructed by MR Khan, Advocate..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ...... This Case is also Reported in: 46 DLR (AD) (1994) 63. ......med CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Respondents (In Civil Appeal No. 20 of 1993) Durul Alam Ahsania Madrass..................Respondents (In Civil Appeal No. 20 of 1993) Durul Alam Ahsania Madrassa …………Petitioner Vs. Subash Chandra Das & ors................Respondents (In Civil Petition No. 58 of 1992) Subash Chandra Das and ors..................Petitioner Vs. Bangladesh, represen..Category: Property Law | Date: | Hits: 64
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......ate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak and another …………Appellants Vs. Jamini Marak and others......... Ramani Marak and another …………Appellants Vs. Jamini Marak and others................Respondents Judgment November 5th, 1980. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For ..Category: Property Law | Date: | Hits: 61
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ...... Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......Present: M H Rahman J ATM Afzal J Mustafa Kamal J. Hosne Ara Begum.............................Petitioner Vs. Chairman, Court of Settlement and another …………..Respondents Judgment May 19th, 1991. Lawyers ......e said Dr. Sadrul Hasan and that the petitioner obtained a deed of sale through Court in execution thereof, the petitioner challenged the inclusion of the said property in list, 'Ka' under section 5(1)(a) of Ordinance No. 54 of 1985 before the Court of Settlement, respondent No. 1, in Case No. 7..Category: Property Law | Date: | Hits: 77
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ...... Ed. ......th the leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 1, 2, 11, 17, 24 and 39. Not represented—Respondent Nos. 3-10, 12-16. 18-23, 25-38 & 40-44. Civil Appeal No. 451 of 2001. (From the Judgment and Order date..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......at the preemptor Respondents are entitled to get the benefit of section 14 of the Limitation Act……….( 5 & 7) Cases Referred To: Syed Amir Hossain vs. Nadera Rahman, 37 DLR (AD) 184; Sakina Khatoon vs. Ibrahim Ahmed Khan, 2 MLR (AD) 330. Lawyers Inv......uct is a question of fact and as no such fact has been proved the High Court Division rightly found that the preemptor Respondents are entitled to get the benefit of section 14 of the Limitation Act……….( 5 & 7) Cases Referred To: Syed Amir Hossain vs. Nade..............Petitioners Vs. Syedul Haque Chowdhury and others....................Respondents Judgment February 8, 2002 The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record—For the Petitioners......sed. Ed. ......usain J Serajul Islam & others ...................Petitioners Vs. Md. Abdur Razzaque Chowdhury and another.................Respondents Judgment April 15, 2002. The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 143 ..Category: Property Law | Date: | Hits: 43
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ...... of the petitioner. Filing of the petition for leave to appeal before the Appellate Division is an unnecessary exercise which has caused the petitioner long three years. This is highly deprecated. …………….(12) Lawyers Involved: Abdul Malek, Advocat.............Appellants Vs. Abdul Quddus and others... .............Respondents Judgment March 23, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illega..Category: Property Law | Date: | Hits: 51
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ...... Cases Referred to- Abdus Samad and others vs. Md Shorab Ali and others 1981 BLD (AD) 77 = 33 DLR (AD) 113; Jalaluddin Fakir vs. Shajahan All Molla and others 1984 BLD (AD) 27; Shahidur Rahman Molla vs. Abdul Halim Molla 1983 BLD 89 = 35 DLR 79; Akhtarun Nessa and another vs. Habibull......; Ed. ...... Amin J Abdur Rashid Sarker (Md) and others.................Appellants Vs. Dines Chandra Das and others..................Respondents Judgment November 22, 2005. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 96(2) Objec..Category: Property Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......ant Vs. Abdul Jakir and others........................Respondents Judgment April 6, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44  ......or which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has accrued in favour of the previous owner…….(35) Cases Referred to- Nur Muhammad vs. Moulvi Mainuddin 39 DL..Category: Property Law | Date: | Hits: 51
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......Zaki Khan and others vs. Munnu Sahu and another AIR 1925 Oudh 407; Ghulam Abbas vs .Razia Begum and others AIR 1951 Allahabad 86 (FB); Md. Meher Ali Mondal vs. Md Karam Ali Sarkar 17 DLR 365; Abdur Rahman vs. Baser Ali and others 21 DLR 599; Ashutosh Mali and others vs. Shamsunnahar and others 33............Appellants Vs. Abdul Quddus..............Respondent Judgment November 21, 2005. The State Acquisition and Tenancy Act (XXVIII of 1951), sections 89(4) & 96(1) Right of preemption accrues after registration of the instrument of transfer as......ul Amin J MM Ruhul Amin J Fatema Khatun and others...................Appellants Vs. Abdul Quddus..............Respondent Judgment November 21, 2005. The State Acquisition and Tenancy Act (XXVIII of 1951), sections 89(4) & 96(1) ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......l evidence on record. There having been no finding in this respect by the High Court Division, it was not justified in making the rule absolute upon reversing the Judgment of the Court of Settlement………(9 & 12) Lawyers Involved: AJ Mohammad Ali, Additio......om the judgment and order dated 1st September, 1996 passed by the High Court Division in Writ Petition No. 43 of 1996, making the Rule Nisi absolute and setting aside the judgment and order dated 1-5-1995 passed by the 1st Court of Settlement, Bangladesh Abandoned Buildings, Segunbagicha, Dhaka ..Category: Property Law | Date: | Hits: 77
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