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Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......68 DLR (HCD) (2016) 37 ......lip;……..................Appellants Vs. Government of Bangladesh and Others…………….............Respondent Judgment April 30, 2015 Result: The Rule is discharged. Case Referred to- Bhawal Raj Court of Wards Es..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ...... Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Asek Elahi............................... Vs. Jalal Ahmedand others.......................Respondents Judgment March 14, 2012. Result: The appeal is dismissed. Sections 95 and 95A are special laws promulgated for the protection of poor tenants, maliks or raiyats from th..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)
....aside. Pre-emption Title Suit No. 47 of 2007 is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302 ......jumped into the suit premises claiming right of pre-emption and his intention of purchasing the suit property in presence of witnesses Mr. Shaful Alam, Advocate, Mr. Asadul Alam, Advocate Mr. Mofizur Rahman Advocate, Mr. Ashok Kumar Singha, Mr. Nur Mohammad. Thereafter, plaintiff performed Talab-i-I......also Reported in: 67 DLR (HCD) (2015) 302 .........Defendants- Purchaser-Appellants Vs. Mostafa Unuch…………...................Plaintiff-Preemptor- Respondent Judgment September 15, 2014. Result: The appeal is allowed. Muhammad..Category: Property Law | Date: 15 Sep, 2014 | Hits: 8
....sentatives, as the case may be, within 6(six) months from the date of receipt of a copy of the judgment.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 274.
...... Trust of Bangladesh Ltd., (2005), II ADC 489; Al-haj Abul Basher Vs. Bangladesh 50 DLR (AD) 11.
Lawyers Involved:
Bishno Dev Chakrabarty, Deputy Attorney-General, instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Appellants.
Md. Badroddozza, Advocate, instructed by S......) 274.
......e original owners at present market price……………..(20)
Cases Referred to-
Secretary, Ministry of LA and LR Vs. M/s. Commercial Trust of Bangladesh Ltd., (2005), II ADC 489; Al-haj Abul Basher Vs. Bangladesh 50 DLR (AD) 11.
Lawyers Involved:
Bishno..
Category: Property Law | Date: 9 Sep, 2014 | Hits: 21
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ...... This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......eported in: 67 DLR (HCD) (2015) 58. ......ord was published finally it is seen that RS record was wrongly published in the name of the predecessor of defendants. It is further case of the plaintiffs that 14 decimals of land of RS plot Nos. 1157 has been included with 33 decimals of land of RS plot No.1158 which was wrongly recorded with RS ..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ......and he could not avail of the benefit of the illustration-' h' to section 3 of the Act.......(14) Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioners. Abdul Wadud Bhutan, Senior Advocate, inst......ourt Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J Bibi Joynab Begum Chowdhury and others………..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar........dud Bhutan, Senior Advocate, instructed by Giasuddin Ahmed, Advocate-on-Record—For Respondent Nos.1-7. None represented—Respondent Nos.8-9. Civil Petition for Leave to Appeal No.521 of 2010. (From the judgment and order dated 16-11-2009 passed by the High Court Division in..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......21 DLR (SC) 161; Commissioner of Income Tax and Kerala Vs. Tara Agencies 2007) 6 Supreme Court Cases 429. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner (In both the cases). &nbs......mun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Anwarul Haque J S.N. Kabir...........................................Petitioner Vs. Fatema Begum and others...……………Respondents Judgment February 16, 2014. Resul......ous terms. The aid of preamble can only be taken when the meanings of the words to be interpreted are not clear and unambiguous. The words 'immoveable property' occurring in section 5 of the Ordinance include both agricultural and non-agricultural properties. There is no scope for ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ......s another brother and, as such, he is entitled to 0.1737 acre of land in the case holding. By a registered deed bearing No.6058 dated 29-6-2005 the pre-emptor sold 0.18 acre of land to one Md. Saidur Rahman and thereby sold more than his share in the case holding. 14. In the counter affidavit f......2014) 157. ......ontinue to hold the self-same interest to the date when the case is finally disposed of. Vide Chandra Kumar Maladas Vs. Abdul Motaleb, 19 DLR (SC) 36 and Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305…………………………(15) Word and ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Nuruzzaman J Farid Ahmed J Afazuddin Fakir (Md.)...................Petitioner Vs. MH Rahman and others..............Opposite Parties Judgment June 17, 2013. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Nuruzzaman J Farid Ahmed J Afazuddin Fakir (Md.)...................Petitioner Vs. MH Rahman and others..............Opposite Parties Judgment June 17, 2013. &nb......ahman and others..............Opposite Parties Judgment June 17, 2013. Result: The Rule is made absolute. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Abul Masud Khan Vs. Khan Mohammad Abdullah Rahmatullah, 47 DLR 143. Lawyers Inv..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......l Jurisdiction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. R...... also Reported in: 66 DLR (HCD) (2014) 126. ......th Khairul Alam with Rumana Alam, Advocate—For the Opposite Parties. Civil Revision No.688 of 2004 Judgment ANM Bashir Ullah J.- This Rule on an application under Section 115(1) of the Code of Civil Procedure (in short, the CPC) filed by the defendant-petitioners was issue..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......13 Result: The order is discharged. Cases Referred to- 1986 BLD (AD) 224; 47 DLR 556; 1 BLC (AD) 156. Lawyers Involved: Abdul Quayum, Advocate with Mansur Habib, Advocate—For the Petitioner Rokan Uddin Mahmood, Advocate with Fahima Nasrin, Advocate—For ......i Asker Qureshi..................Defendant-Petitioner-Opposite Party Judgment March 6, 2013 Result: The order is discharged. Cases Referred to- 1986 BLD (AD) 224; 47 DLR 556; 1 BLC (AD) 156. Lawyers Involved: Abdul Quayum, Advocate with Mansur Habib, Advocate&..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ...... for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......nless the same is cancelled by an appropriate civil Court.…………………(11) Case Referred to- Sultanuddin Chowdhury Vs. Government of the People's Republic of Bangladesh, 32 DLR 252. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Bimsh Chandra Biswas, ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......man J.- I agree. Ed. This Case is also Reported in: ......itioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: .........Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: The Rule is made absolute. Legality of a notice under section 5 (1) of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ...... Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment November 7, 2012 Result: The Rule is made absolute. Up......sonable as it has been allowed in the above mentioned two decisions of this Division……….(9) Cases Referred to- Khorshed Alam Vs. Sub-ordinate Judge and Artha Rin Adalat 54 DLR 239; Major Retd. Rafiqul Islam Farook Vs. Bangladesh 16 MLR 281. Lawyers Involved: ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......Md. Moinul Islam Chowdhury J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka and others……………………………………………Petitioners Vs. Mrs. Mohsina Rahman alias Joya …………………..Opposite Party Judgment October 15, 2012. Result:......t certainly available with regard to this State Acquisition Khatian s. There is no presumption of correctness in respect of the State Acquisition Khatians as it is to be found in case of C.S. Khatian s in pursuance of the provision under section 103-B of the Bengal Tenancy Act”. 12. On th......ty Commissioner, Dhaka and others……………………………………………Petitioners Vs. Mrs. Mohsina Rahman alias Joya …………………..Opposite Party Judgment October 15, 2012. Result: Rule is discharged. Cases referred to- Abdul Noor (Md.) alias Gunnu Mia..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......principle of law the fraud vitiates any right, whether a legal right or vested right. ....................... (8) Lawyers Involved: Mainuddin—For the petitioners. Mokhlesur Rahman, (Md.) Deputy Attorney General—For the Respondents. Writ Petition No.10007 of 2011...... Judgment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the People’s Republic of Bangladesh and therefore the respondents are legally bound to mutate the names ......nts are legally bound to mutate the names of the petitioners in the suit land but they are not performing their legal duties, so inaction of the respondents is illegal. ....................... (5) Social justice In order to ensure social justice as enshrined in Article 10 of the cons..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......his Case is also Reported in: 18 BLC (HCD) (2013) 231.
......
Lawyers Involved:
Md. Jahangir Alam, Assistant Attorney-General—For the Petitioner.
AJ Mohammad Ali with Md. Furuque Ahanmed—For the Opposite-Parties.
Civil Revision No.2115 of 2005.
Judgment
Shahidul Islam J.- The Rule was issued calling upon the plaintiff op..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......gladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and another..........................Respondents Judgment August 8, 2012. Result: The appeal is allowed. The onus is on the claimant of the building to prove that the building is not an abandon...... Md. Taufiq Hossain, Advocate-on-Record- Respondent No.2. Civil Appeal No. 99 of 2008. (From the judgment and order dated 23-8-2006 passed by the High Court Division in Writ Petition No.5426 of 2004). Judgment Syed Mahmud Hossain J.- This appeal by the writ-respondent as the ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......vernment of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90 paragraph 44; 46 42 DLR 434; 12 MLR (AD) 105; Habibur Rahman Vs. Abdul Wadood, 22 DLR 386. Lawyers Involved: Md. Nurul Amin with Sabya Sachi Mon....... Sheikh Hasina, 60 DLR (AD) 90 paragraph 44; 46 42 DLR 434; 12 MLR (AD) 105; Habibur Rahman Vs. Abdul Wadood, 22 DLR 386. Lawyers Involved: Md. Nurul Amin with Sabya Sachi Mondal, Advocates—For the Petitioner. Abul Kalam Mainuddin with Abdul Hamid Munshi, Advocates—For th......dant to submit additional written statement and to adduce more evidence........ (34) Cases Referred to- Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90 paragraph 44; 46 42 DLR 434; 12 MLR (A..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......n: 18 BLC (HCD) (2013) 46. ......roceeded with and shall abate and if any judgment, decree or order has been passed in any such suit or any order has been passed on any such application, it shall be inoperative and of no legal effect….........................(22) Lawyers Involved: Md. Mafizur Rahman with AQM Shafiu......Zakir Hossain J Faizur Rahman (Md.) and another..................Plaintiff-Appellants Vs. Md. Mokarram Hossain and others................Defendant-Respondents Judgment July 25, 2012. Result: The appeal is dismissed. State Acquisition and Tenancy Act, 1950 (XX..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
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