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Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......ported in: 51 DLR (AD) (1999) 81. ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Peti......only consideration for deciding the nature of alleged transaction……………(18) Cases Referred to- Gopeekrist Gossain vs. Gungapershad Gossain (1854) 6 MIA 53; Nurjahan Begum vs. Mahmudur Rahman 34 DLR (AD) 61; Imambandi Begum vs. Kumleshwari Pe..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......ported in: 51 DLR (AD) (1999) 78. ...... ......Vs. ABM Zakaria and another………………. Plaintiff -Respondents Judgment February 20, 1997. The Evidence Act, 1872 (I of 1872) Section 56 Question of admissibility of certified copy of Kabalas fabricated was negativated by the ..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ...... 51 DLR (AD) (1999) 77. ......ase is also Reported in: 51 DLR (AD) (1999) 77. ......p; Vs. Khandaker Mujibur Rahman………………Plaintiff Judgment May 21, 1995. The Code of Civil Procedure, 1908 (V of 1908), Order XIV rule 1 The finding of the..Category: Property Law | Date: | Hits: 69
....ment and order of the High Court Division be set aside and
the judgment and decree of the appellate Court be restored.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 57.
......
This Case is also Reported in: 51 DLR (AD) (1999) 57.
......
Supreme Court
Appellate
Division
(Civil)
Present:
Mustafa
Kamal J
Latifur
Rahman J
Md.
Abdur Rouf
J
Kochi Mia @ Khocha Mia………………Appellant
Vs.
Suruj
Mia being dead his hei...... his heirs Md Fazlur Rahman and others……………… Respondents
Judgment
November
12, 1998.
The Code of Civil Procedure, 1908 (V of 1908) Section 115 and
Order VI, rule 7
i)
The High Court Division as a revisional court had hardly any juri..
Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......orted in: 51 DLR (AD) (1999) 55. ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chand Biswas and others……………………. Petitioners Vs. Abdul Kha...... Abdul Khaleque Sheikh and others……………… Respondents Judgment March 18, 1998. The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division has interfered with the finding of fact by the last court of fact..Category: Property Law | Date: | Hits: 45
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ...... Case is also Reported in: 51 DLR (AD) (1999) 25. ......ellip;……………..Respondents Judgment June 10, 1997. The Emergency Requisition of Property Act, 1948 (XIII of 1948), Section 5(1A) (3), 114 (e) Under section l14 (e) of the Evidence Act one has to presume that the off..Category: Property Law | Date: | Hits: 50
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... Mustafa Kamal J Latifur Rahman J &......ed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ......; March 13, 1997. The Constitution of Bangladesh, 1972, Articles 42 & 102 Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Sections 5 & 7 Inclusion of the property within “kha” list..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......p; Latifur Rahman J ......Case is also Reported in: 51 DLR (AD) (1999) 42. ......esh…………………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5, 1998. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) S..Category: Property Law | Date: | Hits: 48
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......; Latifur Rahman J ...... appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......il Appeal No. 29 of 1993. Judgment Latifur Rahman J.- This appeal by leave by the plaintiff-appellant is against the judgment and decree dated 28-5-91 passed by a learned Single Judge of the High Court Division in Second Appeal No. 48 of 1977 al..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ...... Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant Vs. Shirely Ann......SH Siddique, Advocate- Record—For the Respondent. Civil Appeal No. 93 of 1999 (From the judgment and order dated 3-3-1999 p by the High Court Division in Writ Petition No. 7756 1997). Judgment Mahmudul Amin Choudhury J.- This Civil ..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ......D) (2000) 176; 6 MLR (AD) 2001, 41. ......t Appellate Division (Civil) Present: Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Jamir Ali (Md) and others ……………………..Petitioners Vs. Secr......etitioners Vs. Secretary, Ministry of Land & others………………Respondents Judgment June 4, 2000. The Town Improvement Act, 1953 (Act No. VIII of 1953), Sections 79 & 93A The Acquisition and Requisition of Immovab..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......osts. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......n (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Bangladesh and another ………………Appellants Vs. Habib Zamil …&hell...... Habib Zamil ……………………..Respondent Judgment April 4, 2000. The Abandoned Properties (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 7 Although when the writ petitioner had made his application before..Category: Property Law | Date: | Hits: 73
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......n the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......nt Vs. Abdur Rafique Mridha and others………………….Respondents Judgment February 13, 2000. The State Acquisition & Tenancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), O..Category: Property Law | Date: | Hits: 64
....ision
of the High Court Division.
The
petition is devoid of any force and the same is accordingly dismissed.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 120.
......This Case is also Reported in: 52 DLR (AD) (2000) 120.
......nt:
Mustafa
Kamal CJ
Latifur
Rahman J
Bimalendu
Bikash Roy Choudhury J
A M
Mahmudur Rahman J
Mahmudul
Amin Choudhury J
Abdus
Samad (Md) and others………………. Petitioners
Vs.
Deputy
Commissio......o;s decree that of the trial
Court was restored, dismissing the plaintiffs’ suit.
2. The dispute in this case relates to a
pond comprising 0.32 acre of land recorded in CS Plot No. 2495. It originally
belonged to Govinda Chandra Datta and others who had left this country for India
..
Category: Property Law | Date: | Hits: 59
Sudangshu Jaladash and others Vs. Shahabuddin and others, 2000, 29 CLC (AD)
.... Court Division has not committed any wrong which may call for our interference. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 119. ......119. ...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Sudangshu Jaladash and others…………………. Petitioners Vs. Shahabudd...... Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Not represented — Respondent Nos. 36-40. Civil Petitioner for Leave to Appeal Nos. 535 and 536 of 1999 (From the judgment and order dated 22-04-1 999 passed by the High Court..Category: Property Law | Date: | Hits: 71
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ...... This Case is also Reported in: 52 DLR (AD) (2000) 48. ......Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mridha and oth......;…Petitioners Vs. Md. Abu Yousuf Mridha and others………….Respondents Judgment June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (Pres..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ...... This Case is also Reported in: 52 DLR (AD) (2000) 46. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Momtaz Begum & others………………..Petitioners Vs. Md. ......structed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Miah Abdul Gafur, Advocate-on-Record — For the Respondent. Civil Petition for Leave to Appeal No. 445 of 1997 (From the judgment and order dated 6-3-1997 passed by the High Court Division in..Category: Property Law | Date: | Hits: 59
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......his Case is also Reported in: 52 DLR (AD) (2000) 39. ......e Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Sanaullah Khan (Md)……. …………………………&h......ve was not granted although there may be exceptions in the exigencies of justice…………(9) Case Referred to- Idris Shaikh vs. Jilamon Bewa and others, 50 DLR (AD) 161, John E Brownlee vs. Vivian MacMillan, AIR 1940 PC 219 and 1975 SCMR. 16. La..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J A M M Rahman J Mahmudul Amin Choudhury J Shafiuddin Chowdhury (Md)……………….Appellant Vs. Md. Abdul Karim and......rd — For the Appellant. Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No. 1. Not represented — Respondent Nos. 2-5. Civil Appeal No. 3 of 1998. (From the Judgment dated 18-01-96 passed by this Co..Category: Property Law | Date: | Hits: 57
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ...... DLR (AD) (2000) 35. ......ivil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Narayan Chandra Das and others…………..petitioners Vs. Abdur Jabbar Dewan and others &hell......6-1997 passed by the High Court Division in Civil Revision No.1798 of 1994). Judgment Mustafa Kamal J.- The plaintiff-petitioners’ suit, Title Suit No. 15 of 1989, for declaration of title to the suit land was dismissed by the learned Assistant Judge, ..Category: Property Law | Date: | Hits: 73
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