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Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ...... In the result, therefore, the appeal is dismissed with cost. Ed. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Sattar ......................Plaintiff‑Appellant Vs. Abdul Rahman @ Abdur Rahman and others .............Defendant......he Appellant. BK Das, Advocate Supreme Court instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents 1‑ 4. Ex‑parte ‑ Respondents 5‑28. Civil Appeal No. 37 of 1987 (From the Judgment and Decree dated 6th November..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......tion. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......ivil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh, represented by the Secretary, Ministry of Works, Bangla­desh Secretariat, PS Ramna, Dhaka …………………&hel......vision dated 1‑2‑90 in Civil Revision No. 709 of 1988 making the Rules absolute and setting aside the judgment and decree passed by the learned Subordinate judge, 4th Court, Dhaka on, 25‑6‑88 in Title Appeal No. 90 of 1987 reversing the judgment and decree of the learned ..Category: Property Law | Date: | Hits: 56
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ...... is thus no substance in this appeal which is dismissed with costs. Ed. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun and others.............................Plaintiff&#......n and another............................Defendant‑Appellant. Vs. Anwara Khatun and others.............................Plaintiff‑Respondents Judgment January 15, 1992. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......od ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......edullah being dead his heirs: Saifa Bibi and others………………… Appellants. Vs. Mahmud Ali being dead his heirs: Munsur Ali and others..............Respondents Judgment June 5, 1991. Result: The appeal is dismissed. Cases Referred To- Abdul Hafiz Chowdhury Vs. S..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ...... judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......il Sarkar and others…………….....Plaintiff‑Respondents Judgment June 6, 1991. Result: The appeal is allowed. Case Referred to- Nasiruddin Vs. Sayadur Rahman, AIR 1914 (Cal) 527; Dokari Joddar Vs. Nilmani, AIR 191 (Cal) 983. Lawyers Involved: SS Halder, Senior Advoc..Category: Property Law | Date: | Hits: 93
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......rte ‑ Respondent Nos. 2, 3(a) to 3(d) and 4 (In Civil Appeal No. 52 of 1989) Ex‑parte ‑ Respondent Nos. 1, 3, 4, 5(a) to 5 (d) and 6 (In Civil Appeal No. 53 of 1989). Civil Appeals No. 52 & 53 of 1989 (From the judgment and order dated 14 July 1988 passed by the High Court Division, D......ahman J ATM Afzal J Latifur Rahman J Fazaruddin ..... Pre‑emptor‑Appellant. (In both the appeals) Vs. Maijuddin and others…. Pre‑emptee’s ‑Respondents (In Civil Appeal No. 52 of 1989). Md Serajuddin and others...... Pre‑emptees‑Respondents (In Civil Appeal No. 53 o..Category: Property Law | Date: | Hits: 70
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ...... Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......reme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Fazar Ali....................Plaintiff‑Petitioner Vs. Sikandar Ali ....................Defendant‑Respondent ...... Sikandar Ali ....................Defendant‑Respondent Judgment June 12, 1991 Cases Referred to: Ghulam Hassan and others Vs. Sarfaraz Khan and others PLD 1956 SC (Pak) 309; Aurangzeb and others Vs. Daud Khan and others PLD 1957 (WP) Pesh. 85 & Hakim K..Category: Property Law | Date: | Hits: 56
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......sposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......sts. Ed. ......p; May 9, 1991 Cases Referred to- M/s. Mela Ram & Sons Vs. Commissioner of Income Tax Punjab, AIR 1956 (SC) 367; Banwarilal Bhoid Vs. Neelkantham AIR 1965‑Orissa 102, Jagat Jamani Dibi Vs. Jyot..Category: Property Law | Date: | Hits: 64
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......nterfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mrinal Kanti Guha and others..........................Appellants Vs. Brajendra Lal Dhar and others……....................Respondents Judgment January 16, 1991. Lawy......SC Das, Advocate instructed by Sharifuddin Chaklader, Advocate‑on ‑Record ‑For Respondent No. 1. Civil Appeal No. 31 of 1986 (From the Judgment and order dated 14.1.85 passed by the High Court Division, Chittagong Bench in the Civil Revision No. 11 of 1984). ..Category: Property Law | Date: | Hits: 50
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......1976) 65. ......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......Hosain J Debash Chandra Bhattacharya J Azizur Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 1975. Result: The Appeal fails. Cases Referred to- Hajee Nurul Islam Chowdhury and others..Category: Property Law | Date: | Hits: 93
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......bai, 51 C.W N. 175, Narendra Vs. Rajendra, 45 C.W.N. 654 , Rai Kiran Chandra Roy Bahadur Vs. Srinath, Chakrabarti 31 C.W.N. 135, Kumar Rai Vs. Baraboni Coal, A.I.R. 1935 Calcutta 36, Jemarat Ali Vs. Rahman Sardar, 17 DLR 589, Pramatha Nath Vs. Kamir Mondal, 17 DLR (SC) 392.
Lawyers Involved: ...... 61. ......maluddin Hossain J
Lal Meah, being dead his heirs Momena Khatun & others………..Appellants.
Vs.
Haji Md. Ibrahim Meah and others......Respondents
Judgment
November 28, 1975.
Result:
The appeal is allowed in part.
Cases Referred to-
Rani Harshamukhi Kshitndra..
Category: Property Law | Date: | Hits: 82
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. .......I.R. 1954, Calcutta 113; Mohammad Moslemali Molla Vs. Sk. Azharali P.K.R. 1957 Dacca 6; Tarangini Debi Vs. Govinda Mallik, 9 DLR 57; Purna Chandra Vs. Dinabandhu Mukherjee I.L.R. 34 Cal 811; Abtabur Rahman Vs. Madan Mia, 19 DLR 333; Tarangini Debi 19 DLR 57; Keramat Ali Vs. Mohammad Yunus, 15 DLR (......whether non-service of notice under section 7 makes the certificate sale a nullity. The learned Judge referred to the case of Purna Chandra vs. Dinabandhu Mukherjee ILR 34 Cal. 811, a decision of & Full Bench of the Calcutta High Court, and held that the non-service of notice under section......Khadem Ali Meah .........................Respondent Judgment November 17, 1977. Result: The appeal is allowed. Cases Referred to- Ananda Chandra Nandy Vs, Jhulon Singh. 33 C.W.N. 305; Sri Bansi Gopal Jiu Vs. Uday Chan A.I.R. 1954, Calcutta 113; Mohammad Moslemali Molla Vs. Sk. Azh..Category: Property Law | Date: | Hits: 82
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ..............Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Respondent Judgment June 30, 1977. Lawyers Involved: Abdur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Petitioner. B,...... Kemaluddin Hussain J D. C. Bhattacharya J Fazle Munim J Fakhruddin Mia and other.........................Petitioners. Vs. Mohammad Khodabaksh Sheikh... ……………Respondent Judgment June 30, 1977. La......cate, instructed by B. C. Panday, Advocate-on-Record—For the Petitioner. B, Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Special leave to appeal No. 153 of 1977. ( From the judgment and order dated the 9th November,1976 passed by the High Co..Category: Property Law | Date: | Hits: 44
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......d. 84; Raghabachariar Vs. Murugesa Mudali AIR 1933 Mad. 635; Basanta Kumar vs. Mihirlal AIR 1968. Cal. 604; Manilal Mohan Lai vs. Sajdu Ahmad AIR. 1954 SC 349; S.M. Yousuf and another Vs. Kh. Hafizur Rahman and others 36 DLR 124. Lawyers Involved: Syed A.N.M. Nasiruddin, Advocate-o......ik and others.................Appellants. Vs. Mohd. Mokarram Hossain... ……………….Respondents Judgment March 4, 1976. Result: The appeal is dismissed. Cases Referred to- Basanta Kumar Roy Vs. Charu Chandra Pal, 62 C.W.N. 122: AIR 1958 Cal. 543 ; Vaidyanath Vs.......in... ……………….Respondents Judgment March 4, 1976. Result: The appeal is dismissed. Cases Referred to- Basanta Kumar Roy Vs. Charu Chandra Pal, 62 C.W.N. 122: AIR 1958 Cal. 543 ; Vaidyanath Vs. Bank of India, AIR 1955 Mad. 486 ; Commissioner of Income Tax Vs. E.V. ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ...... Present: Syed A.B. Mahmud Husain C J Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Bangladesh and another………………………………&hel...... Civil Petition for Special Leave to Appeal No. 73 of 1977. (From the Judgment and Order dated the 24th November, 1976 passed by the High Court of Bangladesh in writ petition No. 479 of 1975 Judgment: K. Hossain J: This leave-petition at the..Category: Property Law | Date: | Hits: 57
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......nbsp; ......sp; ......ondents Judgment April 26, 1976 Cases Referred to— Lalit Mohan Vs. Shayama Pada Das, AIR 195' Cal. 771: Gurupadappa Basappa Vs. Krishiddappa Shivabasappa AIR 1954 Bom. 318: Kishan Chatu Bhu..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ......e and ors.................................. Respondents. (In C. A. Nos. 1 and 2 of 1975). Chittagong Development Authority and ors......... Appellant Vs. Sultan Ahmed &ors……………………………&hel......angladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A. Nos. 1 and 2 of 1975). Chittagong Development Authority and ors......... Appellant Vs. Sultan A..Category: Property Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......nal Court within the meaning of the Code so as to make his order appealable under the said Code without any provision in that behalf in the statute constituting him a criminal court. Hamoodur Rahman, J (as he then was) who delivered the judgment of the Bench stated the law in the following...... costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......Botatoung Co. Ltd. Vs. Collector of Rangoon, 39 IA 197—ILR 40 Cal. 13 (PC); Sand Back Charity Trustees Vs. N.S. Railway Co., 1897 (3) 19 QBD-1; Cohence Moore Vs. Akesseh Tayee—A.I.R. 1935 P.C. 5 Hari Miah Vs. State—10 D.L.R. 123; Hari Miah Vs. State—11 D.L.R. (S)C) 368 sam..Category: Property Law | Date: | Hits: 135
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ...... ...... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......oner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1244 of 1999. (From the judgment and order dated 31-5-1999 passed by the High Court Division in Civil Revision No. 4197of 1997). J..Category: Property Law | Date: | Hits: 74
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......nbsp; Government of Bangladesh and others............................. Petitioners Vs. Md. Hafizur Rahman and another................................... .Respondents Judgment ......e accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. .......... .Respondents Judgment April 29, 2001. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 Dismissal of the case for default of the petitione..Category: Property Law | Date: | Hits: 57
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