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....LR (AD) 165, wherein it has been held that the listing of the property as an abandoned property even without service of notice as per provision of Ordinance No. 54 of 1985 will be lawful and that the decree through which the writ petitioner alleged to have got the sale deed executed and registered a......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
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Category: Property Law | Date: | Hits: 54
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....Sharifuddin Chaklader, Advocate — For Respondent Nos. 7 and 9. First Appeal No. 366 of 1995. Judgment Md. Joynul Abedin J. - This first appeal is directed against the impugned judgment and decree dated 12-8-95 passed by the Subordinate Judge, 3rd Court Dhaka in Title Suit No. 171 of 1988 ......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..Category: Property Law | Date: | Hits: 116
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....of the High Court Division in Civil Revision No.5930 of 2000 making the Rule absolute. 2. The plaintiffs instituted Title Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka for a decree for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, ......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ..Category: Property Law | Date: | Hits: 60
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....8-98 long after the statutory period of limitation. Article 103 of the Constitution provides: "103. (1) The Appellate Division shall have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division. (2) An appeal to the Appellate Division ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
.... respondents. Writ Petition No. 9797 of 2008 Judgment Md. Ruhul Quddus J.- This Rule Nisi, was issued at the instance of the writ petitioner Md. Arif Gaffer, a judgment debtor in an ex parte decree passed by the Artha Rin Adalat, Khulna to examine the legality of order dated 1.12.2008 passe......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....ellant. Mokbul Ahmed Chowdhury, Advocate — For the Respondents. Appeal from Original Decree No. 76 of 1986. Judgment Bijan Kumar Das J.- This appeal is directed against the judgment and decree passed by the learned Subordinate Judge, Chandpur in Title Suit No. 63 of 1985. By the impugn......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....peal No. 21 of 1984, setting aside the order No. 49 dated 10-6-1989 passed by the Subordinate Judge, Bogra allowing withdrawal of Other Class Suit No. 153 of 1977 after setting aside the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 197...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....is deed of gift was not acted upon and possessions of the suit lands were not delivered, presumably to the defendant No.5. The learned Munsif found title and possession in favour of the plaintiff and decreed the suit. On appeal being Title Appeal No. 169 of 1985, the learned Subordinate Judge and Co......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....irst time, came to know that the respondent No.1, on 16.4.1998, purchased the case land from the proforma respondent No.4 and that the respondent No.1, by filing Title Suit No.7 of 1990 also obtained decree therein in her favour in respect of the above khas khatian land; then on 22.1.1998, he on obt......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
.... leave to appeal against the judgment and order dated-26.05.2009 passed by the High Court Division discharging the Rule issued in Civil Revision No.4712 of 2002 and thereby affirming the judgment and decree dated 24.06.2002 passed by the learned joint District judge, Court No.1, Noakhali, dismissing......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12...Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
.... Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by the High Court Division in First Appeal No.203 of 1999.) Judgme......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ..Category: Property Law | Date: | Hits: 58
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....ave to appeal is directed against the judgment and order dated 16.08.2009 passed by the High Court Division in Civil Revision No.556 of 2006 making the Rule absolute by setting aside the judgment and decree dated 29.11.2005 passed by the learned Joint District Judge, 1st Court, Barguna in Title Appe......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4...Category: Property Law | Date: | Hits: 57
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....ellants challenging the judgment and order dated 19-5-96 passed by Mr. Md. Muniruzzaman, Subordinate Judge, 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 setting aside the Judgment and decree dated 4-5-95 passed by Mr. AKM Salimullah, Subordinate Judge, 1st Court, Feni in Title Appeal......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ..Category: Property Law | Date: | Hits: 59
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....ossessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable source on 18.2.2010 that their land would be auctioned in execution of a mortgage decree passed by the Artha Rin Adalat, Narayangonj in Mortgage Suit No. 72 of 1996. She rushed to th...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 183
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....ither of the parties. Civil Revision No.8346 of 1991 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-appellant, was issued to examine the legality of judgment and decree dated 28.6.1988 passed by the Sub-ordinate Judge (now Joint District Judge), Natore in Other ......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 54
Md. Chand Miah and others Vs. Md. Ansar Ali and others, 2010, 39 CLC (HCD)
.... Chand Miah and nine others was issued on an application under section 5 of the limitation Act, 1908 for condonation of delay of 311 days in filing the revisional application against the judgment and decree dated 11.7.2007 passed by the Joint District Judge, Second Court, Rangpur in Other Class Appe...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 103
Suruzzaman and others Vs. Abed Ali and others, 2010, 39 CLC (HCD)
....iff-appellant–petitioners was issued on an application under section 5 of the Limitation Act, 1908 for condonation of delay of 395 days in filing the revisional application against the judgment and decree dated 11.8.2005 passed by the Joint District Judge, Second Court, Gaibandha in Other Appeal N...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 92
Kendul Palli Mongal Samittee Vs. Sree Mohonto Robi Das and others, 2010, 39 CLC (HCD)
....ndant-appellant petitioners namely Kendul Palli Mongal Samittee and its Secretary was issued for condonation of delay of 210 days in filing the instant revisional application against the judgment and decree dated 11.3.2007 passed by the District Judge, Joypurhat in Other Class Appeal No.47 of 2006 d......ent revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 98
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Therefore, Order XXI rule 83 of the Civil Procedure Code will be applicable in an execution proceeding under the Artha Rin Adalat Ain, 2003. Sub-rule (3) of rule 83 under Order XXI excludes mortgage decree from application of sub-rule (1) and (2) of the said Order, but for simple money decree, Orde......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ..Category: Procedural Law | Date: | Hits: 95
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....y in the country. In this connection it will be profitable if we reproduce Articles 104 and 108 of our Constitution. "104. The Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending befor...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 163
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