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Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......llip;………..Appellant Vs Md. Abdul Jabbar Sheikh…………………Respondent Judgment   July 3, 2006 Cases Referred To- Bishundeo Vs. Seogeni Rai, AIR 1951 SC; Varanasaya Sanskrit Vishwavidyala..

Category: Property Law | Date: | Hits: 38

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......lip;Plaintiff Vs. Mohammad Shafi and others……………………..........Defendant Judgment October 27, 2005. Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641; Food vs. Jalaluddin Ahmed..

Category: Property Law | Date: | Hits: 41

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ......arned Deputy Attorney General further submits that in the facts and circum­stances of the case the appellant should have filed an  application  for review  in  the Revision Case before  the  High Court Division for extension of the period of 60 days fixed by th..

Category: Property Law | Date: | Hits: 31

Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)

.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......, Kushtia in Miscellaneous Appeal No. 37 of 1996 allowing the same upon setting aside the judgment and order dated October 14,1996 of the Court of Assistant Judge, Mirpur, Kushtia in Miscellaneous Case No. 22 of 1987 dismissing the same. 2. The Miscellaneous Case was filed under Section 9..

Category: Property Law | Date: | Hits: 24

Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)

....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ...... (Babul) and others .................................Appellants Vs. Santi Rani Dhupi and others.............Respondents Judgment October 19, 2006. Result: The appeal is allowed. Case Referred to- Tayeb Ali vs. Abdul Khaleque and others, 43 DLR (AD) 87. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 53

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ...... the owner of the suit land. He made a Will in favour of his daughter-in-law, Kallayani Debi on 17.04.1960. Thereafter, Kali Das Nandi died. Kallayani Debi obtained a probate of the Will in Probate Case No.19 of 1967 on 15.01.1968 and since, then she was managing the suit property. The plaintiffs..

Category: Property Law | Date: | Hits: 59

Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)

....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been grant­ed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been grant­ed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......al No.13 of 1987 (by the pre-emptee) were filed against the judgment and order dated January 27, 1987 of the Court of Subordinate Judge (now Court of Joint District Judge) Patuakhali in Miscellaneous Case No. 27 of 1983. The trial Court by the aforesaid order allowed the prayer for pre-emption to th..

Category: Property Law | Date: | Hits: 35

Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)

.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..

Category: Property Law | Date: | Hits: 32

Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)

....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......r and disposing of Civil Rule No. 74(R) of 2004 arising of the said civil revision which was filed against Order No. 23 dated 13.10.2003 passed by the Assistant Judge, Nawabganj in Title Execution Case No. 04 of 2000 rejecting the application of the judgment debtor respondent No. 1 for stay of a..

Category: Property Law | Date: | Hits: 33

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......s in 1969 and delivered possession of the same to them and they got their names mutated in the revenue records and have been paying rent of the land so pur­chased, that they filed miscellaneous Case No.127 of 1969 under Section 143A of the State Acquisition and Tenancy Act for correction of ..

Category: Property Law | Date: | Hits: 40

Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)

....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......in Civil Revision No. 3664 of 2003. 2. The facts revealed in the leave petition, in short, are that one Raquib Ali predecessor of the respondent No.1 (Ka) to 1 (Tha) instituted Miscellaneous Case No. 15 of 1999 before the Assistant Judge, Beanibazar claiming pre­emption under section 9..

Category: Property Law | Date: | Hits: 35

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......……………Appellants Vs. Kaimon Bewa and others...........................Respondents Judgment October 18, 2006.     Case Referred to- Solaiman (Md) vs Siifia Akhtar Alam being dead, her heirs Narjesa Rahamatu..

Category: Property Law | Date: | Hits: 46

Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)

....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......ther case is that one Mrs. Madlena D Rozario purchased the land from the CS recorded owners and possessed the same. The Government requisitioned the property by order dated 3-3-1952 in Requisition Case No. 16 of 1959-60 for the purpose of earth cutting for the Railway. The land was subsequently ..

Category: Property Law | Date: | Hits: 37

Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)

....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... Tafazzul Islam J Maleka Khatun and others...................Appellants Vs. Amena Khatun and others... ...............Respondents Judgment August 28, 2006. Cases Referred To- Syed Yakoob vs KS Radhakrishnan AIR 1964 SC 477; Amanatullah and others v..

Category: Property Law | Date: | Hits: 44

Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)

....vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......vision cannot be legally sustained. In the result, therefore, the appeal is al­lowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......sion, Sylhet Bench in Civil Revision No. 55 of 1983 allowing pre-emption upon selling aside the concurrent deci­sion of the courts below to the contrary. 2. Pre-emptor-respondent no.1 filed Misc. Case No. 37/80 in the 2nd Court of Munsif, Sadar, Sylhet for pre-emption of the case land transferre..

Category: Property Law | Date: | Hits: 47

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ...... the High Court Division is set aside and the suit is dismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..

Category: Property Law | Date: | Hits: 40

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......………….Appellants Vs. Md. Jahurul Islam Chowdhury and other………….........Respondents Judgment April 30, 2006. Cases Referred to- Musammat Nurjahan Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 3..

Category: Property Law | Date: | Hits: 67

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......;tempt petition stating inter alia that he filed Writ Petition No. 2382 of 1999 seeking direc­tion to finalise the process of acquisition of the land of the petitioner involved in Special L.A. Case No. 8 of 1964-65 of District Dhaka stating inter alia that total area of 1.8712 acres of land..

Category: Property Law | Date: | Hits: 33

Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)

.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......t No.439 of 1993. 2. Respondent No.1 as plaintiff brought the said suit on the averments, inter alia, that he took settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was record­ed in his name in Khatian No. 646.This set­t..

Category: Property Law | Date: | Hits: 35

Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)

....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......rom November, 1981 and inspite of repeated requests and demands made by the plaintiff and his agents the appellant did not pay rent to him ever since. On the contrary the appellant filed House Rent Case No. 110 of 1982 before the House Rent Controller and the 1st Court of Munsif, Dhaka on 8-4-82 ..

Category: Property Law | Date: | Hits: 33