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Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)

....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......;…………. Appellants Vs. Afzal Hossain and others…………………Respondents Judgment June 16th, 1996 Cases Referred: Chand Kour & another vs. Partab Singh & others, 16 ILR (PC) 98(102);..

Category: Property Law | Date: | Hits: 79

Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)

....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......n Patwary being dead, his heirs Azimuddin Patwary and others …………………..Respondents (In both the appeals) Judgment August 7, 1996. Cases Referred to- Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169; Abdur Rahman vs. Haj..

Category: Property Law | Date: | Hits: 60

Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)

.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ......llip;……………………………………………. Respondents Judgment January 2nd, 1997 Cases Referred to- Kafiluddin and others vs. Saminuddin and others, AIR 1931 Cal. 67 = 34 CW..

Category: Property Law | Date: | Hits: 73

Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)

....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 ......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 ......ole heiress. In the year 1973 Ayesha Bibi obtained succession certificate from the Third Court of Subordinate Judge, Dhaka in respect of the properties left by Md. Ismail in Succession Certificate Case No. 130 of 1973. She died on 4 June, 1977 while under treatment at Khulna survived by Khairu..

Category: Property Law | Date: | Hits: 82

Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)

....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ......f any year. Reconveyance was refused by the petitioners in spite of tender of the consideration in accordance with the terms of the agreements. Respondent Nos. 1 and 2 thereupon filed 5 Redemption Cases before the Revenue Officer, Pirojpur under section 95(4)(5) read with section 95A of the Stat..

Category: Property Law | Date: | Hits: 72

Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)

....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..

Category: Property Law | Date: | Hits: 77

Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)

....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 ......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 ......o prove. Accordingly we uphold the decision of the High Court Division, 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)

....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 ......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 ...... 5. The appellant while in peaceful possessing of the disputed land received an order dated 10-5-1992 passed by the Assistant Commissioner (Land), Lauhajang (respondent No. 1) in the aforesaid RP Case directing him to hand over possession of the disputed land to respondent No. 4 by 20-5-1992 on..

Category: Property Law | Date: | Hits: 88

Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)

....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......ourt of its own motion, in the interest of justice shall make necessary correction of its records………………………..(13 & 14)  Cases Referred:  Akhtar Banu vs. Habibunnessa and others, 16 BLD (AD) 274 = 48 DLR (..

Category: Property Law | Date: | Hits: 88

Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)

....e plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ......e plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ......ffs because they are very much within the family of the plaintiff.  We find no ground for interference.  The petition is dismissed. Ed.    This Case is also Reported in: 50 DLR (AD) (1998) 210. ..

Category: Property Law | Date: | Hits: 71

Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)

....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. ......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. ...... dismissing the appeal, preferred by the appellants and affirming thereby the judgment and order dated June 4, 1990, passed by the aforesaid court of the learned Subordinate Judge dismissing Misc. Case No.14 of 1988, filed by the appellants under Order IX rule 13 of the Code of Civil Procedure, ..

Category: Property Law | Date: | Hits: 76

Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)

....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. ......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. ......d Counsel for the petitioner could not make out any such 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

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. ......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. ......o reason to interfere with the impugned judgment. Furthermore, 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. ..

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. ......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. ......ises for the same.  For the reasons stated 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. ..

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. ......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. ......r favour of and for the District Judge concerned. The 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. ..

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. ......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. ...... remedy before eviction. The High Court Division having 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. ..

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. ......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. ......ct in the preparation and publication of the compensation assessment-roll by itself shall not stand in the way of vesting non-retainable property to the Government………(9) Cases Referred to-  Province of East Pakistan vs. Md Shahabuddin, 25 DLR 248, Provinc..

Category: Property Law | Date: | Hits: 90

Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)

....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. ......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. ...... reason to differ from the view of the High Court Division.  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

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. ......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. ......viction.  We, therefore, find no substance 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. ..

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.......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....... absence of clear averments in the writ petition 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...

Category: Property Law | Date: | Hits: 89