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Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants   Vs. The Secretary, Ministry of Works, Government of Bangladesh and othe......am and the appellants' maternal grandmother Waheda Begum jointly purchased the premises in dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting of 0.6250 acres from its owner Al‑haj Habibur Rahman Chowdhury for Taka 85,000.00 in equal shares. T..

Category: Property Law | Date: | Hits: 62

Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)

....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......smissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......structed by Shamsul Haque Siddique, Advocate‑on‑Record‑For the Appellant. AW Bhuiyan, Additional Attorney‑General, instructed by B Hossain, Advocate–on– Record‑For Respondent Nos. 1 & 4. Ziaur Rahman Khan, Advocate (appeared with leave of the Court), instructed by Md. Sajja...... Huq, Advocate‑on‑Record ‑ For Respondent Nos. 2 & 3. Civil Appeal No. 19 of 1992. (From the judgment and order dated 13.2.92 passed by the High Court Division in Writ Petition No. 1539 of 1991). Judgment Shahabuddin Ahmed CJ.- I have gone through the two judgments propose..

Category: Property Law | Date: | Hits: 79

Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)

.... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ......ismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motaleb and others....................... Defendant‑Petitioners Vs. Shahed Ali and others ....... ....................Plaintiff&#8......d, Advocate, instructed by Sharifuddin Chaklader, Advocate‑on ‑Record‑For the Petitioners. Respondents‑Not Represented. Civil Petition for Leave to Appeal No. 50 of 1993. Judgment: &nb..

Category: Property Law | Date: | Hits: 64

Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)

....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......as the plaintiff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (appeared with the leave of the Court, ins......plaintiff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (appeared with the leave of the Court, instructed..

Category: Property Law | Date: | Hits: 59

Delwar Hossain Khan (Md) Vs. Dhaka Club Limited and another, 1996, 25 CLC (AD)

....cept observing any direction that may be contained therein. With the above observations the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ......d in: 48 DLR (AD) (1996) 198 ......d. Ed. This case is also reported in: 48 DLR (AD) (1996) 198 ...... Dhaka Club Limited and another…………………………………….Respondents Judgment December 13th, 1995. Lawyers Involved: Rafiq-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah..

Category: Property Law | Date: | Hits: 65

Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)

....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......even if that be erroneous. It appears that there is no valid ground for interference because all the submissions are on the merit of the appeal and this amounts to rehearing the matter……..…..(7 & 9) Case Referred to- Mohd. Amin Khan vs. Controller of Estate Duty PLD 1962 (SC) 335; R...... Fazle Karim and others…………………………………... Petitioners Vs. Government of Bangladesh and others……………………..Other Parties Judgment January 30, 1995. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order ..

Category: Property Law | Date: | Hits: 80

Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)

....o cost. The impugned judgment and order are set aside. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ......lso Reported in: 1 MLR (AD) 1996, 298, 48 DLR (AD) (1996) 164 ...... Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Akhtar Banu being dead her heirs: Alhaj Md. Hossain Khan and others………Plaintiff-Appellants Vs. Habibunnessa and others…&helli......…………… Defendant-Respondents Judgment June 3, 1996. Cases Referred to- Privy Council in Brij Indar Singh vs. Kanshi Ram AIR 1917 PC 156; Chulam Abbas vs. Hashim 1969 SCMR 257; Gobind Sahu vs. Zafar Karim AIR 1925 Pat. 145. La..

Category: Property Law | Date: | Hits: 70

Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)

....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ...... also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ...... Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajuddin Howlader...... Not Represented — Respondent Nos. 2-24. Civil Appeal No. 94 of 1993. (From the Judgment and order dated 1-8-93 passed by the High Court Division, Dhaka in Civil Order No. 2572 of 1993). Judgment Latifur Rahman J.- This appeal..

Category: Property Law | Date: | Hits: 60

Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)

....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ....... This case is also reported in: 48 DLR (AD) (1996) 154 ......on Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Bakar Siddique (Md) …………………………..Petitioner ......efore us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a registered heba deed dated 11-3-75 transferred Plot Nos. 724 and 285 measuring 0.34 acres of land of mouza Bhadrapara in favour of ..

Category: Property Law | Date: | Hits: 63

Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)

....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......lso Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......ion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Fazlur Rahman Shah………………………………&hel......dvocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 of 1986 (Dhaka), 611 of 1988 (Rangpur). Judgment ATM Afzal CJ.- Plaintiff-Ap..

Category: Property Law | Date: | Hits: 52

Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)

....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ...... This case is also reported in: 48 DLR (AD) (1996) 130 ...... ......leave b the defendant is against the judgment and order dated. 26.6.94 passed by a Single Judge of the High Court Division in Civil Revision No.668 of 1989, affirming the judgment and decree dated 25.6.89 passed by the SCC Judge and 3rd Subordinate Judge Dhaka in SCC Suit No.31 of 1984 for evicti..

Category: Property Law | Date: | Hits: 56

Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)

.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... This case is also reported in: 48 DLR (AD) (1996) 120 ...... Supreme Court Appellate Division Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J   Abdul Wadud Contractor and another……………&hel......st ala Niaz Mahmud, Advocate with him) instructed by Sharifuddin Chaklader, Advocate on-Record-For Respondent No. 1. Civil Appeal No 41 0f 1990. (From the judgment and order dated 29-5-1986 passed by the High Court Division, Circuit Bench, Chittagong in Civil Revision No. 50 of 198..

Category: Property Law | Date: | Hits: 52

Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)

....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......�………………………. Respondents Judgment February, 1996. Result: The appeal is dismissed. Case Referred to- Mohammad Ahmed Saeed Khan Vs. Kishori Lal, AIR 1932 (All.) 375; Kamala Sahai Vs. Babu Nandan Mian, 11 CLI 39; Lala Bihari Lal Vs. Abdul Aziz, 119 IC 92; Mohin Ch..

Category: Property Law | Date: | Hits: 63

Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)

....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ...... 48 DLR (AD) (1996) 64 ......Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J   Md. Ismailuddin Sarker J Moti Mia…………&......lip;…..Plaintiff-Appellant Vs. Ayesha Khatun and another ………………Respondents Judgment July 13th , 1995 Cases Referred To: AIR 1916 (Patna) 284; Ouseph Poulo vs. Catholic Un..

Category: Property Law | Date: | Hits: 72

Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)

....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ...... This case is also reported in: 48 DLR (AD) (1996) 56 ......llate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moinuddin (Md)……………… …………..Lessee Petitione...... The People’s Republic of Bangladesh, represented by the Secretary Ministry of Works and another ……………..Respondents Judgment November 26th, 1995 Lawyers Involved: TH Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advoc..

Category: Property Law | Date: | Hits: 58

Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)

....e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......ismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ...... Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Golam Murtaza Bhuiyan and Others ………………………………&hel......h; For the Respondent No. 9 Syed Ishtiaq Ahmed, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record— For the Respondent No. 6 Not Represented—Respondent Nos. 1-5 & 7-8. Civil Petition for Leave to Appeal No. 353 of 1993. (From the judgment ..

Category: Property Law | Date: | Hits: 71

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......d in: 48 DLR (AD) (1996) 16 ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another………………………………&hel...... Vs. Mahmuda Khatun Chowdhury being dead her heirs Abdul Malik Chowdhury…………… Defendant-Respondents Judgment August 13, 1995. Case Referred to- Durga Prasad vs. Munsi (1884) All (Vol.6) 423. ..

Category: Property Law | Date: | Hits: 84

Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)

.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... This case is also reported in: 48 DLR (AD) (1996) 14 ......d. Mokshed Ali Biswas and others........... Respondents Judgment July 3, 1995. Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Appellants. B Hossain, Advocate-on-Record — For the Respondents Nos. 1......Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and others........... Respondents Judgment July 3, 1995. Lawyers Involved: Shafique Ahmed, Advocate, instructed by Md. Nawab Ali, Advocat..

Category: Property Law | Date: | Hits: 61

Hasina Khatoon and others Vs. Bangladesh and others, 1996, 25 CLC (AD)

....t follows that the Court of Settlement must now dispose of this matter according to law. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......R (AD) (1996) 13 ...... Ed. This case is also reported in: 48 DLR (AD) (1996) 13 ......qui, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Petitioners. Not Represented — Respondents. Civil Petition for leave to Appeal No. 95 of 1991. (From the judgment and order dated 31st October, 1990 passed by the High Co..

Category: Property Law | Date: | Hits: 53

Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)

.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ....... Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Appellant. Rafiqur Rahman, Senior Advocate, Supreme Court, instructed by Serajur Rahman, Advocate-on- Record— Fo......TM Afzal CJ Mustafa Kamal J Md Abdur Rouf J Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant Vs. Md. Jalil and others…&hellip......y of Works ……….Appellant Vs. Md. Jalil and others…….Respondents Judgment August 23, 1995. Lawyers Involved: B Hossain, Deputy Attorney-General, ins..

Category: Property Law | Date: | Hits: 57

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