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Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....t the said property for 99 years vide Registered Deed No. 2246 dated 17-2-1959 to Abdul Khaleque Bain of 7, Victoria Park Road, P.S. Kotwali, District-Dhaka and thus Abdul Khaleque Bain became the owner of the property of 68, Motijheel C/A, Dhaka; that Abdul Khaleque Bain got approval of a...... ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... tenant-respondent, on the ground of bonafide requirement for personal use and occupation, and also for the default of the tenant in payment of rent. 3. Plaintiff-landlord claimed exclusive ownership of suit premises. He further stated that the original monthly rent was of Tk. 35/- but wa......er as to costs. Ed. ...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ight. Provision to sub-section (3) of section 2 reads as follows: "Provided that where any hat or bazar has been so established on any land by a person or person.s other than the owner of the land without the consent of such owner, the land shall not be forfeited, but it shall...... ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 93
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....that mortgage deed executed by a pardanashin woman in favour of the appellant Bank had not been explained to her, and that the contract related to certain agricultural lands of which she was absolute owner, she was not aware of the inclusion of her house property in the deed, and so the whole deed w...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Moha......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible eviction of the possessors of su......so Reported in: 32 DLR (AD) (1980) 255.......ession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible eviction of the possessors of such right from the premises is illegal under PO XVI of 1972. Lawyers Involved: ..Category: Property Law | Date: | Hits: 67
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
.... On the passing of P.O. 16 of 1972 i..e from 28.2.1972 all abandoned properties shall vest in the Government to be dealt under P.O. 16 of 1972. This Order declared properties of certain categories of owners as abandoned property, all these properties coming within the scope of the Order shall vest i...... Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) a......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....four others were found to have been carrying Indian Kumbi leaves into Bangladesh near Nayerchar in Rangpur District. They were arrested persons allegedly disclosed the name of the petitioner as the owner of the goods. Thereafter Police investigated the case and submitted charge-sheet against the p......tions aforesaid. Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; Bangladesh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....ted that the right of pre-emption given to "a tenant having land contiguous to the land transferred'' is to some extent akin to the provision of pre-emption as allowed under the Mohamadan Law to "owners of adjoining immovable property", known as Shafi-i-jar. According to the learned Counsel the ......Supreme Court Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam, J Badrul Haider J Chowdhury, J Ahmed Hossain & ors............Appellants. Vs. Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....must show his existing interest in the land, that is, in the case of a co‑sharer it must be proved that the pre-emptor has got subsisting interest in the holding and in the case of contiguous-owner it must be proved that the pre-emptor has got subsisting interest in the land contiguous to ......993) 171 ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
.... on 11.10.89 for declaration of title to recovery of possession and permanent injunction in respect of the suit land described in Schedule 1 (Ka) to the plaint. The plaintiff is a Wakf Estate and the owner of Schedule 1 land bearing RS Plot No. 799. The Mutwalli, a lady, runs a madrasha out of the r...... MH Rahman J ATM Fazal J Mustafa Kamal J Latifur Rahman J Haji Nurul Alam @ Haji Nurul Alam Sawdagar.....................Appellant Vs. Al‑Haj Abdus Sobhan Sawdagar Wakf Estate and another ....................Respondents Judgment January 22, 1992. Lawyers Involved: ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
....ises Rent Control Ordinance. 2. Respondent-tenant, M/s Golden Biscuit Company was monthly tenant in respect of the premises in question, carrying on business there and paying rent regularly to its owner Alhaj Md. Ashraf Ali for last 22 years. This landlord, by two registered deeds dated 2 Novembe......n, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record-For the Petitioner. (In both the cases) Not represented -The Respondent. Civil Petitions for Leave to Appeal Nos. 106 and 107 of 1993. (From the Judgment and order dated 6.11.93 passed the High Court Division in Civ...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
.... Deputy Commissioner, Natore) and other officers, respondent Nos. 2-5, for declaration of his fide to the suit land alleging inter alia, that he had obtained pattan of the suit land from its original owner, Shree Manindra Maitra, on 24.9.1350 BS at a yearly rent of Tk. 25.00 and was in possession si...... also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....is not wholly contiguous to the land transferred. The impugned Judgment of the High Court Division is dated 4 July 1985 in Civil Revision No. 84 of 1983. 2. Appellant-Pre‑emptor is the owner of A No. 2575 of Mouza Alipur. Some portion of Plo Nos. 2574 and 2573 were transferred by the......sp; Vs. Hosne Ara Begum and others....................... Pre‑emptee-Respondents Judgment April 21st, ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....h (Taking over of Control and Management of Industrial and Commercial Concerns) Order, 1972 (Acting President's Order No. 1 of 1972, briefly APO 1 of 1972). Ground for such taking over was that the owners or managers of the enterprise were not available to control and manage it. Respondents made......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
.... the Court of Subordinate Judge. Third Court, Dhaka, for a declaration that he is the irrevocable licensee of his wife, the respondent, in the 'A' schedule land and that he is the real and absolute owner of the three‑storied dwelling house and appurtenances thereto described in the 'B' sche......n Vs. Jansen [1965] 3 All. ER 363 ; Pettitt Vs. Pettitt [1969] 2 All E.R. 385; KK Das Vs. Amina Khatun, AIR 1940 Cal. 365; Thakoor Chunder Poramanick Vs. Ramdhon Bhuttacharjee. 6 Suth WR 228 (1713) and Ramsden Vs. Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo ......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....is the appellant by leave from the judgment and order of the High Court Division dated 12.5.91. 4. The appellant Jobeda Khatun filed the suit with the averments, inter alia, that she is the owner in possession of the suit property which is a town property. Defendant Nos. 1‑5, of who...... Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992...... question of permanent injunction against die respondents would not have arisen. But the appellant filed the suit while still in possession and the civil Court will of necessity adjudicate upon her possessory right, looking incidentally into her title as well. The Criminal Court is concerned nei..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....aterial facts of the case as can be gathered from the clumsily written writ petition and other papers now submitted before us by the parties are, that whereas according to the appellant, who is the owner of the aforesaid rice mill, power connection was given to the mill by the PDB on 10.10.1985, ......ellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed, by Abul Quashem Bhuiyan, Advocate- on - Record -For the Respondents. Civil Appeal No. 51 of 1990. (From the Judgment and Order dated 10 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 160...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....t into force in the area where the land was situated. Then on 23. 1.65 the respondent added certain persons as opposite parties, some of whom are co sharers of the holding and some others are owners of land contiguous to the land under preemption. The sale of the land under pre- emption too......ip;……………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others……………………………&......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....its for recovery of the money he paid as an Insurer. An application was filed before the Admiralty Court by defendant Nos. 1 and 2 raising a preliminary objection that the Insurer neither being the owner nor consignee/assignee of the bill of lading in respect of the goods concerned, he got no lo......ported in: 46 DLR (AD) (1994) 185 ......laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
.... defendants claim to be a vested and non‑resident property, leased out to Defendant No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, claiming to be a lessee of the Government, t......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgment June 23rd, 1993. ......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
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