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Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)

....urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......ccordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......urthermore, the instant case does not involve any question of law of public importance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ...... Vs. Lutfunnessa Begum and others ……………………………………………….Respondents Judgment February 10, 1998. The Specific Relief Act, 1877 (I of 1877), Section 55 The High Court Division has rightly pointed out that an order of mandatory injunction cannot ..

Category: Property Law | Date: | Hits: 101

Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)

....d above, we do not find any illegality in the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......rted in: 50 DLR (AD) (1998) 171. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Sharashibala Sarkar and others…………………...Plaintiff-Petitioners Vs. ......rs Vs. Patani Sundari Dassaya and another……………..Defendant Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the prov..

Category: Property Law | Date: | Hits: 61

Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)

....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......orted in: 50 DLR (AD) (1998) 147. ...... ......Court’s fear or favour of and for the District Judge concerned, who is a party to the case. The High Court Division rightly did not encourage a transfer on a mere apprehension……(5) Lawyers Involved: MA Wahhab Miah, Advocate instructed by Mvi. Md. Wahidulla..

Category: Property Law | Date: | Hits: 71

Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)

....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ...... dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ......ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ...... of the plaint which the learned Subordinate Judge rejected by an order dated 3-10-89. The said defendant unsuccessfully challenged the said order of the learned Subordinate Judge in Civil Revision 1359 of 1989 in which the Rule was discharged by a Division Bench of the High Court Division, judgment..

Category: Property Law | Date: | Hits: 91

Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......orted in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Ali Akbar (Md)………………………………&hel......ers…………………………Respondents Judgment August 27, 1996. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the officia..

Category: Property Law | Date: | Hits: 90

Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)

....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......ported in: 50 DLR (AD) (1998) 112. ......on (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Atiqullah (Md) ……………...Petitioner Vs. Sanawara Begum and others......nawara Begum and others ……………….Respondents Judgment July 7, 1996. The Small Cause Courts Act, 1887 (IX of 1887) Section 25 Once it is established that the person is a tenant he cannot be permitted during the..

Category: Property Law | Date: | Hits: 69

Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)

....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......Case is also Reported in: 50 DLR (AD) (1998) 106....... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary,......epresented by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People’s Republic of Bangladesh and others……………. Respondents. Judgment December 5, 1994. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), Sec..

Category: Property Law | Date: | Hits: 89

Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)

....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......996) 163, 50 DLR (AD) (1998) 105. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Jalaluddin (Md) and others………………………………&hel......Laily Begum and others …………………………………….…..Respondents Judgment May 8, 1995. The Code of Civil Procedure, 1908 (V of 1908) Or. V r. 17 The petitioner o..

Category: Property Law | Date: | Hits: 74

Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)

....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......orted in: 50 DLR (AD) (1998) 99. ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahabuddin (Md) & others…………. Petitioners Vs. Habibur Rahman and o......) & others…………. Petitioners Vs. Habibur Rahman and others ……………...Respondents Judgment May 15, 1996. The Code of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The ..

Category: Property Law | Date: | Hits: 52

Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)

....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......ported in: 50 DLR (AD) (1998) 97. ......pellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Fatema Bibi………………………………&hel......llip;…..Pre-emptor-Petitioner Vs. Sree Manik. Lal Somaddar & others………………….Pre-emptees-Respondent [In Civil Petition No. 578 of 1994] Fatema Bibi……………………&he..

Category: Property Law | Date: | Hits: 51

Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)

....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......ported in: 50 DLR (AD) (1998) 95. ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Moula and others………………….. Petitioner Vs. Gourpada D...... Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 261 of 1992. (From the judgment dated 23 January, 1992 of the High Court Division in Second Appeal No. 534 of 1978.) Judgment &..

Category: Property Law | Date: | Hits: 49

Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)

.... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ...... already determined by a Court of law. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......etition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 93. ......ttlement and others…………….Respondents Judgment July 13, 1997. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 2(b) The court of settlement is not a court for determining t..

Category: Property Law | Date: | Hits: 58

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......dance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......�……….(9) Lawyers Involved: Akram Hossain Amin, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record— For Respondent Nos. 1 and 2. Civil Appeal No. 55 of 1997. (From judgment and order dated 18-7-94 passed by a Single Bench High Court Division..

Category: Property Law | Date: | Hits: 83

Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)

.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......on of Haji Abdullah and to make the said deed of gift believable to others as genuine one incorporated the names of Abdullah’s wife, Fuzan Nessa (defendant No. 3) and Abdullah’s adopted son Abdur Rahman defendant No. 2 along with he himself as the donee. It is asserted in the plaint that defenda......tion of complicated title, without such relief, the suit cannot proceed. The lower appellate court has rightly held that the suit for mere declaration as framed is not maintainable.…………….(8 & 9) Lawyers Involved: Md. Fazlul Karim, Senior Advocate by Md. Nawab Ali, Advocate-on-Rec...... Involved: Md. Fazlul Karim, Senior Advocate by Md. Nawab Ali, Advocate-on-Record —For the Petitioner. Sharifuddin Chaklader, Advocate-on- Record-For Respondent No. 1. Respondent Nos. 2-15-Not represented. Civil Petition for Leave to Appeal No. 432 of 1997. Judgment Md. Abdur R..

Category: Property Law | Date: | Hits: 93

Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)

....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ...... petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ...... of the suit without any permission to sue afresh will not prejudice any vested interest of the defendants who cannot be vexed with any further litigation on the same cause of action……………..(5) Cases Referred to- AZM Khalilur Rahman vs. Md. Syed Hossain and others, 25 DLR 485, Mir Go..

Category: Property Law | Date: | Hits: 77

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......herefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......tion of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, cannot be denied……………(4 & 5) Lawyers Involved: Md. Shahidul Alam Chowdhury, Advocate instructed by Md. Aftab Ho...... Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: The petition is dismissed. Vested Property The plaintiff having proved..

Category: Property Law | Date: | Hits: 73

Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)

....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......LR (AD) (1998) 67. ......itioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider..

Category: Property Law | Date: | Hits: 74

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......is Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......f law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......�……………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment February 5, 1997. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Se..

Category: Property Law | Date: | Hits: 86

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......ition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......nt: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mansur Ali Sikder……………... Petitioner Vs. Kanailal Banaajee & others…………………Respondents Judgment June 26, 1997. Result: The petiti...... Not represented—The Respondents. Civil Petition for Leave to Appeal No. 416 of 1997 Judgment Bimalendu Bikash Roy Choudhury J.- The petitioner is defendant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the res..

Category: Property Law | Date: | Hits: 82

Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)

....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......s dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ...... Judgment June 15, 1997 Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 102 The Emergency Requisition of Property Act, 1948 (XIII of 1948), Sections 3 & 5 Inter ministerial communication are merely policy guidelines within the Ministries for their......…………………………………..Petitioners Vs. Bangladesh and others……………….……………………………………………………….Respondents Judgment June 15, 1997 Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 10..

Category: Property Law | Date: | Hits: 81

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