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Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....e and style of Jainal & Sons filed the suit upon averments, inter alia , that he had a ship-breaking yard at Bhatiary, Chittagong comprising of top lands measuring 0.68 acres acquired from the owners thereof by registered kabalas of various dates from 16-1-85 to 20-6-85 as well as of foresho...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin &......damage, because every person’s land is presumed to be surrounded by a fence, and the law encircles the land with an imaginary enclosure the violation of which is essentially an injury to the possessory right inhering in the plaintiff. It is not necessary, to maintain an action of trespass,..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....bers of his family some time in the year 1970 and his whereabouts were not known when President’s Order No. 16 of 1972 came into operation. Md. Nasim was neither the son of Md. Yahiya nor the owner of the disputed building. Md. Nasim never possessed the disputed building as he had no &lsquo......Rahman J Md Abdur Rouf J BB Roy Choudhury J Government of Bangladesh ………………….Appellant Vs. Ashraf Ali @ Ashraf Ali and another ……………………………...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..Category: Property Law | Date: | Hits: 89
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....hin the stipulated time. The plaintiff as successor showed cause in pursuance thereof. It was represented that Md. Ismail and the members of his family had been killed, that she had become the sole owner of the said land and that the construction of the house could not have been completed because...... Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ Zharna & ors…&hellip......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....urt of Munsif, Chittagong for declaration that defendant No. 1, his eldest daughter was his benamder in respect of the suit lands described in schedules 1-5 to the plaint and he was the ostensible owner of the same. A further declaration was sought to the effect that the registered Heba-bil-Ewaj......e Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Rupe Jahan Begum and others……………………………&h...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....g the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defendant No. 1 Hemanta Kumar Arang being the owner in possession of the said land entered into a contract with him for sale of the same for a c......ellip;………………………………………………..Appellant Vs. Niropama Ritchil and ors ……………………………&hel......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....he of the appellant that respondent No. 4 could not upto the said agreement and, as such, he started possessing the land unencumbered since 10-1-72 after the expiry of 7 years as being the absolute owner in possession by virtue of his purchase by registered Kabala dated 11-1-1965. 3...... Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………… Respondents Judgment ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....-respondent No.1 Mashiur Rahman instituted the suit stating, inter alia, that defendant No.1 Hanif Brothers, a partnership concern, and defendant No. 2. Mr. Abdur Rouf, its Managing Partner, as the owner of the suit property, measuring 15.5 Kathas of land and a building standing thereon, on plot......il) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another………………… Appellants Vs. ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....Suit Nos.18 and 19 of 1996 pending in the Second Court of Subordinate Judge, Munshiganj, Respondent No.1 brought the suits for enforcement of a contract for sale of 10.73 acres of land against its owner respondent No. 2 Shibajee Prasad Dam alias Shibu. Upon two applications for temporary injunct......Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others……………………Respondents Judgme......case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ..Category: Property Law | Date: | Hits: 87
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....er’s father and 13 others took settlement of the said fishery from Kali Prashad Chakraborty and others, ex-landlords of Nayasarak, Sylhet. On the death of his father the petitioner became an owner thereof along with the co-sharers. They had no rent-receiving interest. During the survey set......lip;…………………………………………… Petitioner Vs. Government of Bangladesh and others…………………………Respondent......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. ..Category: Property Law | Date: | Hits: 90
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....n a charge under sections 302/34 of the Penal Code and on a separate charge under section 325 of the Penal Code against accused Abdus Samad. 4. The defence case is that, the original owner of plot No. 3771 was Abed Pradhan who died leaving behind 5 sons and 2 daughters. The informa......te Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam…………………….Petitioner ......ter the occurrence resulted in the acquittal of the accused informant party. 5. The special defence of the petitioner Khandoker Saiful Islam is that he was neither the owner nor the possessor of the disputed land. He mediated between the parties at 6-00 AM on the date of occurrenc..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
.... High Court Division. 3. It is contended on behalf of the petitioners that the repairing charges incurred by the DGFI claimed by the Cantonment Board being a charge incidental to the ownership of the writ petitioner the High Court Division was wrong in directing the petitioners to ...... Appellate Division (Civil) Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Cantonment Board Dhaka and another ……………...Petitioners Vs. Sayeda Rah......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....aker panel and or metering unit within the consumer’s premises for electricity use. As per this rule the expenses of such underground service lateral for electricity use will be borne by the owner/ consumer. Thus it cannot be said that underground 11 KV line is a private line of the plaint......cts Ltd…………………………………………….. Appellant Vs. Reliance Insurance Ltd and others……………………………&......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 148
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
.... now seeking leave to appeal from the impugned judgment of the High Court Division by filing two separate leave petitions. 2. The pre-emptor’s case, in short, is that, she became the owner and co-sharer of the land of SA Khatian No. 179 of Plot No. 991 by two Kabala deeds dated 12......lip;………………………………………….. Pre-emptor Petitioner Vs. Sree Binod Lal Somaddar and others……………………………........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. ..Category: Property Law | Date: | Hits: 51
Bangladesh Vs. Chairman, Court of Settlement and others, 1997, 26 CLC (AD)
....nts, it is for determination whether the case property was an abandoned property or not. As the property being found not abandoned property, the rival claimants are to establish the extent of their ownership in due process of law, if not already determined. …………&hellip......Republic of Bangladesh, represented by the Secretary, Ministry of Public Works………………….Petitioner Vs. Chairman, Court of Settlement and others…………….Respondents Judgment July...... 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. ..Category: Property Law | Date: | Hits: 58
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
.... Sufia Akhter Alam (since deceased) filed the suit for ejectment of defendant No.1 from the suit shop claiming that defendant No. 1, was a defaulter. Her case is that, her mother Rijia Khatun was the owner of the suit shop and defendant No.1 was a monthly tenant under her mother since 16th June, 196......ifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Solaiman (Md).…………………….Defendant-Petitioner Vs. Sufia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others...............Respondents Judgment November 16, 1995. The Transfer of Propert......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....he case of the plaintiff, in brief, is that the suit land originally belonged to two brothers namely, Kader Molla and Kajem alias Fazal Molla. On the death of Kader Molla, Fazal Molla became 16 annas owner thereof. Thereafter Fazal Molla died leaving behind his wife Soburon Nessa and paternal uncleâ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Sarwar (Md) & others…………Petitioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Result: The petition is dismisse......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. ..Category: Property Law | Date: | Hits: 74
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....e Upazila Magistrate, Bera being Complaint Case No. 5 of 1987 against the accused-respondents and others under sections 419/420/467/109 of the Penal Code, alleging that one Mojahar Ali Mollah was the owner of 8.91 acres of land. He died on 10-6-79 leaving behind no issues. After his death his only h...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State…………………….Petitioner Vs. Raihan Ali Khandker and others………………Respondents Judgment April 1, 1997. Result: The peti......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... be nothing left for the plaintiff to satisfy the decree. Mr. Huq, however, fairly submitted that schedule 2 properties could have been excluded from attachment, defendant No. 1 company not being the owner thereof, but there was no reason to set aside the order in so far as the bills (schedule 1) we......J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment May 25, 1997. Result: T...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ..Category: Procedural Law | Date: | Hits: 134
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
.... of 1986 preferred by the defendants. The unsuccessful defendants then preferred the above mentioned revision case. 3. Facts of the plaintiffs’ case, briefly, are these. One Abbas Miji was the owner of the suit plot No. 717 comprising an area of 2.07 acres. Abbas Miji at his death was survive...... ......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....the suit.” “That the High Court Division having itself noted the oral evidence of DWI that ‘DW l has stated that the money that was deposited with the bank was furnished by the owner of the vessel” and there being no evidence that defendant Nos. 1 to 5 had ever denied th......sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
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