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Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

.... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513.......resent: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Hazi Sanjob Ali being dead his heirs: Mst. Golap Jan and others………….....Petitioners Vs. Hurmuj Ali and others………….........Responden...... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513.......ee dated 28.10.1998 passed by the learned Subordinate Judge, 1st Court, Sunamgonj in Title Suit No.441 of 1985 dismissing the suit. 2. The facts, in short, are that Hazi Sanjab Ali (since dead) as plaintiff instituted Title Suit No.13 of 1984 (which was later on renumbered as Title Suit No.441 of..

Category: Property Law | Date: | Hits: 28

Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)

.... one month. The preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510....... 510....... one month. The preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510.......r Ali got the entire suit land. Mobaswar Ali while possessing the suit land died leaving Ashob Ali as son and Hazera Bibi as daughter who then sold the suit land measuring .15 decimals of land to the plaintiff by registered deeds dated 19.03.1980 and 21.03.1980 and inducted him into possession of th..

Category: Property Law | Date: | Hits: 45

Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)

....udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505....... Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Sajeya Begum and others…….....Petitioners Vs. Md. Shahidul and others…………........Respondents ......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......the said property was put to auction for arrear of rent in Certificate Case No.7(S) 60-61 on 25th July, 1962 and thereafter took possession through Court on 10th March, 1965 and the auction purchaser plaintiff and defen­dant No.3 has been in exclusive enjoy­ment and possession of the suit property..

Category: Property Law | Date: | Hits: 23

Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Bijan Kumar Das J Md. Muzammel Hossain J Gonesh Ghosh being dead his heirs; 1(a) Bikash Ghosh and others……....Petitioners Vs. Babu @ Sabir Ahmed and others……………………....R......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......n thereof to him. Madhusudhan acquired .4 121/375 decimals of land and .4242/375 decimals of land by way of pur­chase and inheritance out of the suit land. He then died leaving five sons namely, the plaintiff Nos. 1-3 and defendant Nos. 14 and 15 and of whom, thus got share in the suit land to the ..

Category: Property Law | Date: | Hits: 29

Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)

.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499....... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Abdul Aziz J Md. Abu Zafar Shahid and others……………....Petitioners Vs. Mrs. Joinab Begum and others……..............R...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499.......he judg­ment and order dated 25.11.2008 by a Single Bench of the High Court Division in Civil Revision No.2379 of 2004 dis­charging the rule. 2. The short fact is that the respondent Nos.1-12 as plaintiffs instituted Partition Suit No.4 of 1954. The suit was decreed in preliminary form by judgm..

Category: Property Law | Date: | Hits: 17

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......Reported in: VII ADC (2010) 492. ......judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......y the learned Subordinate Judge (now Joint District Judge), 4th Court, Khulna in Title Suit No. 129 of 1995 rejecting an applica­tion for amendment of the plaint. 3. Facts, in short, are that the plaintiff-petitioners filed the aforesaid Title Suit No. 129 of 1995 praying for declaration of titl..

Category: Procedural Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486..............order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......h Court Division in allowing the appeal in part and thereby decreeing the Other Suit No.370 of 1994 dismissed by the learned Subordinate Judge, 3rd Court, Chittagong. 2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of posses­sion upon declaration of title over 1.91 acres..

Category: Property Law | Date: | Hits: 38

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......m J Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Azim Uddin……………...........Petitioner (In both the cases) Vs. Md. Abdul Latif and others …………….......Respondents (In both the cases) Judgment February 4, 2010. ......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......dated 31.01.1994 passed by the learned Assistant Judge, 3rd Court, Dhaka in Title Suit No.41 of 1993 decreeing the suit for permanent injunction. 2. The facts, in short, are that the petitioner as plaintiff filed Title Suit No.41 of 1993 before the learned Assistant Judge, 3rd Court, Dhaka for a ..

Category: Property Law | Date: | Hits: 24

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......late Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Sree Bishonath Das and others………………………..Petitioners Vs. Sree Binoy Kumar Das and others……â€......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......30.08.1987 passed by the Monirampur Upazila Munsif Adalat, Monirampur, Jessore in Title Suit No.228 of 1984. 2. The facts, in short, are that the respon­dents-opposite party respondent Nos.1-3 as plaintiffs filed Title Suit No.228 of 1984 in the Court of the Monirampur Upazila Munsif Adalat, Mon..

Category: Property Law | Date: | Hits: 27

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467....... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mojibor and another………..................Petitioners Vs Md. Nurul Islam and others……………......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467....... Rahman through registered instrument and delivered possession; that on 30.03.1985 corresponding to 16th Chaitra 1391 B.S. Md. Siddiqur Rahman exchanged the property by registered instrument with the plaintiff and through that deed the plaintiff became owner and possessor of the scheduled land; that..

Category: Property Law | Date: | Hits: 91

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179...... (AD) (2010) 179......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......y, Ministry of Works and Urban Development and others for evicting him from the case property and disturbing his possession and while the suit was pending with an order of injunction in favour of the plaintiff-writ-petitioner Ordinance LV of 1976 came into force on 17th July, 1976 and the order of i..

Category: Property Law | Date: | Hits: 24

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

.... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......ed in: ...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......f 2001 reversing the judgment and decree dated 15.07.2001 passed by the learned Senior Assistant Judge, Laksam in Title Suit No.114 of 1998. 2. The fact, in short, are that the petitioners as plaintiffs instituted a Title Suit No.114 of 1998 on 04.11.1998 before the learned Senior Assistant ..

Category: Property Law | Date: | Hits: 26

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......prayed for. Ed. This Case is also Reported in: ......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......der dated 13.11.2007 in F.A. No.04 of 2006 (heard with Civil Rule No.583(R) of 2006) in so far as it relates to the direction to the defendant No.2 petitioner above named to restore gas connection to plaintiff-respondent after receiving Tk. 24,65,256/- and to issue bills as per minimum charge and th..

Category: Civil Law | Date: | Hits: 82

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside. Office is directed to communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233.......o communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233.......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside. Office is directed to communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233.......ed 03-02-2008 passed by learned Senior Assistant Judge, first Court, Gazipur, allowing an application for addition of party in Title Suit no. 363 of 2005. 2. Material facts are that on 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of Senior Assistant Judge, Gazip..

Category: Property Law | Date: | Hits: 27

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ...... Chowdhury………………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Md. Waliur Reza Chowdhury, Advocate—For the Petitioner. Md. Hannan with Md. Mainul Islam and AB Showkat Ali, Advocates—For the Opposite Party. Civil Revision No.1579 of 1999. Judgme......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......re. 2. The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaratio..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......€¦â€¦â€¦Petitioner Vs. Executive Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for t......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......ing the order dated 2-11-1999 recorded by a learned Single Judge disposing of Civil Revision cases in terms of conditions laid down in paragraph No.4 of a petition of compromise allegedly between the plaintiff-petitioner of the four Civil Revision cases and the defendant-opposite-party Nos.3-5 of th..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......ands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183....... 2. The decision proposed to be recorded in this Civil Revision petition does not call for a detailed recounting of facts except that opposite party Nos. 1 to 12 of this Civil Revision petition as plaintiffs laid a suit being Title Suit No. 18 of 1995 impleading petitioners and opposite party Nos..

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Mir Hossain @ Amir Hossain and Others……….Plaintiff (In both the cases) Vs. Alifa Khatun and Others……………â€......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......ur Rahman J. - These two leave petitions arose out of Ti­tle Suit No.73 of 1997 filed in the Court of Assistant Judge, Sadar, Feni, seeking declara­tion that the judgment and decree obtained by the plaintiff of Title Suit No. 16 of 1985 is collusive, ineffective and void and not bind­ing upon the..

Category: Property Law | Date: | Hits: 79

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......in J BK Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others………….Respondents Judgment February 9, 2010. Lawyers In......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......Court Division in First Miscellaneous Appeal No. 401 of 2008 with Civil Rule No. 675 (FM) of 2008 dismissing the appeal and discharging the Rule. 2. The facts, in short, are that the petitioner as plaintiff instituted Title Suit No.1605 of 2008 in the Court of the learned District Judge, Dhaka fo..

Category: Property Law | Date: | Hits: 44

Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)

....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......so Reported in: 15 MLR (AD) (2010) 170. ......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......and in favour of one Darkanath Dev and others but for arrears of rents ex-landlord has taken back the land in his khas possession from the aforesaid tenants. On 27.11.1951 B.S. the predecessor of the plaintiff namely Kalimuddin Mondal took pattan of the suit land as described in schedule 'Ka' of the..

Category: Property Law | Date: | Hits: 28