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Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......n (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………………&hel......;………………………………..Respondents [In both the Appeals] Judgment April 27, 1995. Cases Referred to- M/s Khan Brothers Ltd. vs Government of Bangladesh 27 DLR 423..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......365; Aminuddin Munshi vs. Tajaddin and others AIR 1932 Cal 538; (Syed) Abdul Huck and others vs Seetameetti Narayan Naidu and anr. AIR 1938 Mad 14. Lawyers Involved: Muhammad Habibur Rahman, Md. Ayub—For the Appellant. Syed Amjad Hossain, Md. Nowab Alt—For the Re...... ......; Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred to- Hames and another vs. Hickson AIR 1946 PC 156: Kumbhan Lakshmana and ors. vs. Tangirala Venkateswarla 2 DLR (PC) 83; Durga Prasad and another ..Category: Property Law | Date: | Hits: 51
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..........Appellants Vs. Hasib Ali Chowdhury and others..............................Respondents Judgment April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kumar Das and others 6 ......Rakman Ali alias Md. Rakman Ali and others ...............Appellants Vs. Hasib Ali Chowdhury and others..............................Respondents Judgment April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14...... Judgment April 10th, 1970. Cases Referred to- Ahmedur Rahman and others vs. Abul Majid and ors. 14 DLR 471; Amjedali Khan vs. Raj Kumar Das and others 6 DLR 215; Syed Moin Ahmed vs. Khondkar Mohiuddin, 19 DLR 912; Arabjan Bibi vs. Abdul Kader and others 19 D..Category: Property Law | Date: | Hits: 59
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ...... Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involved: Nasiruddin Chowdhury — For the Appellant. Habibur Rahman — For the Respondents. Appeal from Original Decree No. 131 of 1962. Jud......d. ....... Thereafter the widow Akhterun Nessa died leaving behind her a daughter Amatun Nessa as her sole heir. Thereafter Amatun Nessa died leaving her husband, Kazi Nazir Mian Chowdhury the defendant No. 5 and other step brothers and sisters as her heirs. The widow Syeda Badrun Nessa died leaving the ..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ...... Lalit Mohan Banerji 54 CWN 442; Ajit and others vs. Hacharuddin Prodhan PLD 1966 (Dacca) 198. Lawyers Involved: Nizamuddin Haider—For the Petitioners. Latifur Rahman—For the Opposite Party Nos. 1-2. Civil Rule No. 79 of 1967. Judgment: ......rged without any order as to costs. Ed. ...... Vs. Maniruddin Biswas & others.........Opposite Parties Judgment June 11th, 1970. Cases Referred: Afazuddin Mridah and others vs. Mubarakulla and others 5 DLR 445; Sachindra Nath Chakravarty vs. Trailakya Nath Chakravarty and others 40 CWN 1023; Abdul ..Category: Property Law | Date: | Hits: 47
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ...... Court High Court Division Special Original Jurisdiction Presents: Maksum-ul-Hakim J Fazle Munim J Abdul Hamid Howlader and others.....Petitioners Vs. Province of Ea......nbsp; January 27th, 1971. Lawyers Involved: Tufail Mahammad Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965 (SC); Lawyers Involved: DC Bhattacharjee and SS Haider. Advocat..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ....... Ed. ...... July 8th, 1970. Cases eferred to: FA Khan vs. Government of Pakistan (The Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan, Karachi 16 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446; Swami Turiananda alias Denesh ..Category: Property Law | Date: | Hits: 86
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......the said compromise decree in the said Rent Suit No. 602 of 1962 of that Court, alleging, inter alia, that she neither filed the said rent suit, nor did she execute any power in favour of Mr. Ataur Rahman engaging him as her pleader. She further alleged that there was no person Jagadish by name ......Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. Idris Khan vs. Hajee Erfanuddin, 9 DLR 601; Suresh Chandra Sen vs. Jogesh Chandra Sen, 43 CWN 969; Lawyers involved: Syed Mohammad Ali—For the Petitioner. SMA Latif—For the Opposite Party No.1. Civil Rule ......ction) Present: TH Khan J Mofazzal Molla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosag..Category: Property Law | Date: | Hits: 69
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......, 1970. Cases Referred to- Joy Kumar Dutta and others vs Sitamath Dutta, 4 DLR 400; Sudhir Chandra Singha Sarma and others vs Debesh Kumar Singh Sarma 13 DLR 232; Md Abdur Rahman Bhuiyan vs Prafulla Chandra Majumdar 13 DLR 865; Maheschandra Das Choudhury vs Mukunda Chan...... ......oy Kumar Dutta and others vs Sitamath Dutta, 4 DLR 400; Sudhir Chandra Singha Sarma and others vs Debesh Kumar Singh Sarma 13 DLR 232; Md Abdur Rahman Bhuiyan vs Prafulla Chandra Majumdar 13 DLR 865; Maheschandra Das Choudhury vs Mukunda Chandra Das 14 DLR 347; Perumel vs Central Government of P..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ...... this connection Mr. Rab has referred to the decision in the case of Malik Manzoor Elahi vs Lala Bishambar Das and another 16 DLR (SC) 246; PLD 1964 (SC) 137. In the said case Mr Justice Hamoodur Rahman, as his Lordship then was, observed: "It further seems to us that the prov...... Ed. ......sp; Vs. ARM Mustanesar Billah & others.......Respondents Judgment February 13th, 1970. Cases Resferred- Shankhta Shukul vs Sm Govindi Devi AIR 1950 All. 693; Ham Din and another vs Buta, minor through Musammat Mahedan and another 120 1C 171; Ra..Category: Property Law | Date: | Hits: 69
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......yed for under clause 15 of the Letters Patent is granted. Ed. ....... Ed. ......p; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja Mia and others vs Sunity Bhusan Sen in 55 CWN (3 DLR) 155; Kalikesh Biswas and others vs Gheasuddin Ahmad and others 75 DLR Dacca 330; Kir..Category: Property Law | Date: | Hits: 67
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......o grant relief to the petitioner. In our view, therefore, these judgments and decrees in the civil suit should not stand in the way to get relief in this matter. 13. Mr. Majibur Rahman Khan, the learned Assistant Attorney-General has argued that no Second Appeal or Revision wa...... assess at Rs. 170.00 in all. Ed. ...... Eden Building, Dacca and others ............Respondents Judgment January 28th, 1971. Cases Referred to- Chittaranjan Sutar vs. Secretary, Judicial Dept. 17 DLR 451, Malik Khizar Hayat Khan Tiwana and another vs. Mst. Zainab Begum and others, PLD 1967 (SC) 402,..Category: Property Law | Date: | Hits: 73
....and the impugned judgment and order of the High
Court Division be set aside. We, however, make no order as to costs.
Ed.
This Case
is also Reported in: 51 DLR (AD) (1999) 253.
......orted in: 51 DLR (AD) (1999) 253.
......)
Present:
ATM
Afzal CJ
Mustafa
Kamal J
Latifur
Rahman J
Bimalendu
Bikash Roy Choudhury J
AM
Mahmudur Rahman J
Abdul
Kader Mondal and others…………………… Appellant
Vs.
Shamsur
Rahm......Shamsur
Rahman Chowdhury alias Shamsur Rahman Saha………………..Respondent
Judgment
March
11, 1999.
The Limitation Act, 1908 (IX of 1908), Section 5
(i)
An abatement can be set aside at any time even beyond the period prescribed for
makin..
Category: Property Law | Date: | Hits: 72
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......orted in: 51 DLR (AD) (1999) 232. ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Shamsunnahar Salam and others………………&hellip......sion of the disputed lands are wholly untenable and uncalled for and the dispute can only be decided one way or the other by a competent Civil Court upon taking evidence………..(15) Lawyers Involved: Mohammad Nurullah, Senior Advocate, instructed by Sharfuddin Ch..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......¦â€¦â€¦Plaintiff-Respondent Judgment March 25, 1999. Result: The appeals are allowed. The Bangladesh Shilpa Rin Sangstha Order, 1972 (President’s Order No. 128 of 1972), Articles 34 & 35 The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 Article 34(5) has an...... Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. Result: The appeals are allowed. The Bangladesh Shilpa Rin Sangstha Order, 1972 (P..Category: Property Law | Date: | Hits: 77
Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)
....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 155. ......his Case is also Reported in: 51 DLR (AD) (1999) 155. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Nurul Afsar …………………..Petitioner Vs. Rafiqul Ahmed......ash; The Respondent. Civil Petition for Leave to Appeal No. 774 of 1997. (From the Judgment and order dated 11th May 1997 passed by the High Court Division in Civil Revision No. 1125 of 1990). Judgment Bimalendu Bikash Roy Choudhury J.- The su..Category: Property Law | Date: | Hits: 65
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......tions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......sistant Custodian, Vested and Non-Resident Property ……………………....Petitioners
Vs.
Tohidul Hossain Chowdhury and others …………………Respondents
Judgment
February 25, 1998.
Result:
Both the petitions are dismissed.
The Code of Civil Procedure, 1908 (V of ..
Category: Property Law | Date: | Hits: 85
Abul Hossain and 3 others Vs. Bangladesh, 1999, 28 CLC (AD)
.... permissible in law. The review petitions therefore merit no consideration. The petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ...... in: 51 DLR (AD) (1999) 116. ...... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ......, Ministry of Land, Government of Bangladesh and others .............Respondents Judgment November 8, 1998. The Emergency Requisition of Property Act, 1948 (XIII of 1948) Section 5(1a) (3) Review may be granted only for sufficient grounds akin to those of Order 47, rule ..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......rted in: 51 DLR (AD) (1999) 87. ...... CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court an......Deputy Attorney-General, instructed by Md Sajjadul Huq, Advocate-on-Record — For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 584 of 1998. Judgment ATM Afzal CJ.- For the purpose of dispos..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......section of the public is a public purpose…….. If the purpose serves some public use or interest as opposed to the particular interest of an individual the purpose is public………………..(10) (ii) Once a property has been validly acquired for a public purpose and vested the same in......aria Pourashava, the Government requisitioned the property under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter referred to as the said Act, on 30 November 1965 in LA Case No. 56/65-66. The owner made a representation against it and the Government de-requisit..Category: Property Law | Date: | Hits: 63
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