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Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ...... lawful authority………………………………(20) Cases Referred to- Sankar Gopal Chatterjee Vs. Additional Commissioner, Dhaka Division, 41 DLR 326; Abdul Kader Vs. Masaddar Ali, 3 BLC (AD) 211; Jaichand VWO AIR 1967 SC 483; Abdur Rauf Vs. Abdul Hakim, 17 DLR (SC) 515; Khandoker Mosht..

Category: Property Law | Date: | Hits: 85

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....e which had arisen earlier specially in a pre-emption proceeding, which has been treated by long standing proposition, as clog in the right to acquire property by the citizens……………………(33) There is no requirement to interfere with concurrent finding of facts arrived at by the subo......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......current finding is not tainted with perversity or illegally the same cannot be interfered with……………………(33) Cases Referred to- Hossain Ahmed Chowdhury Vs. Md. Nurul Islam, 47 DLR (AD) 162; Parsotim Vs. Lal Mohar, 58 IA 255 28. Lawyers Involved: Mahbubey Alam, Attorney-Gene..

Category: Property Law | Date: | Hits: 88

Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)

....oint written statement deny­ing the material allegation made in the plaint con­tending, inter alia, that Ananda Charan Kuri being owner of "Ka" schedule property sold 23 1/2 + 14 1/2 from plot Nos.733 and 734 on 10-6-1969 by reg­istered kabala with delivery of possession. Defendant No.1 sold, 15 ....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......ot be interfere with in the revisional Jurisdiction………………(13) Cases Referred to- Abdus Samad Khan Vs. Wajed Ali Fakir, 44 DLR 495; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 83. Lawyers Involved: Nikhilesh Dutta, Advocate - For the Petitioners.  AB Roy Ch..

Category: Property Law | Date: | Hits: 134

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......st fail under section 42 of the Specific Relief Act inasmuch as the plaintiff being out of possession did not seek for recovery of possession as a consequential relief. In the case reported in 21 DLR (AD) 466, the plaintiff instituted a suit against the def­endant who was his son for a declaratory ..

Category: Property Law | Date: | Hits: 107

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

....man and others...................Opposite Parties Judgment March 9, 1997. Result: The Rule is made absolute. Cases Referred to- Abdus Samad and others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. Lawyers Involved: HN Nondy with Md. Khurshid Alam Khan, Advocates‑For the P......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ...... others...................Opposite Parties Judgment March 9, 1997. Result: The Rule is made absolute. Cases Referred to- Abdus Samad and others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. Lawyers Involved: HN Nondy with Md. Khurshid Alam Khan, Advocates‑For the Petition..

Category: Property Law | Date: | Hits: 94

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......kha (RAJUK) & others……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of Statement, 15 MLR (AD) 438 = 63 DLR (AD) 1; Govern..

Category: Property Law | Date: | Hits: 127

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....lt: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah Alam Vs. Amir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Begum, 2 MLR (AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissioner (......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ...... Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah Alam Vs. Amir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Begum, 2 MLR (AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissi..

Category: Property Law | Date: | Hits: 123

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......titioner Vs. Abdul Hashem.................Opposite Party Judgment August 2, 2009. Result: The Rule is made absolute. Cases Referred to- Ranju Roy Vs. Jibesh Ranjan Roy, 14 MLR (AD) 18; Anwar Hossain Vs. Abdul Hossain Mollah, 44 DLR 79. Lawyers Involved: Sarforaj Meah wi..

Category: Property Law | Date: | Hits: 88

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....................... Opposite Parties Judgment November 20, 2011. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Advocat......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ............................... Opposite Parties Judgment November 20, 2011. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, A..

Category: Property Law | Date: | Hits: 87

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

....he suit property was his dwelling house and there was no necessity to sell the same. The plaintiff was a person set up by one Mobarak Hossain, husband of Kohinoor Begum, who instituted Title Suit No. 33 of 2000 against him (defendant, Surjat Ali). The said Mobarak Hossain and the plaintiff in collus......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ........................... Opposite Parties Judgment November 30, 2011. Result: The Rule is made absolute. Case referred to- Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130. Lawyers Involved: Probir Neogi, Advocate - for the petitioners. Abdul Quiyum, Adv..

Category: Property Law | Date: | Hits: 67

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ned in WP No.8065 of 2006 is within Touzi No.1242 under CS Khatian No.196, 205. 208,209,210,213 and 216, CS Plots No.384, 385. 382, 744, 388, 390, 373, 383, 380, 381, 379, 34. 378, 386, 742, 387 and 733. In WP No.4116 of 2007 the C.S. Khatians concerned are No.196, 205, 208, 210, 213, 215 and 216; C......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......AJUK) and others............Respondents Judgment September 8, 2010. Result: The rules are discharge. Cases Referred to- Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Vs. Nawab Abdul Malik Jute Mills Ltd., 60 DLR (AD) 7. Lawyers Involved: M..

Category: Property Law | Date: | Hits: 106

Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

.... one Md. Tashar Ali, a man of 60 years while deposing on 16.06.1987 as P.W.1 gives out that he took settlement of the disputed land in the name of his wife from the Bhowal Court of Wards in the year 1333 and 1337 B.S. by dint of Amalnama and rent receipt executed by the landlord. From the aforementi......itle Suit No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ......itle Suit No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ..

Category: Property Law | Date: | Hits: 82

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....ferred to- Charan Das Vs. Amir Khan, AIR 1921 (PC) 50; Radha Krishna Vs. Dwarka Das, 36 DLR (AD) 253; Kashi Nath Das Vs. Sadasbiv Pat Naik, 209 ILR (Cal) 805; EKS Chetyar Firm Vs. Maung Min, AIR 1933 (Rang) 247; Ma Shwe Mya Vs. Maung Mo Hsaung, AIR 1922 (PC) 249; Golam Hafiz Mia Vs. Khadam Ali Mi......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......¦â€¦â€¦â€¦Opposite Parties Judgment June 5, 1994. Result: The Rule is discharged. Cases Referred to- Charan Das Vs. Amir Khan, AIR 1921 (PC) 50; Radha Krishna Vs. Dwarka Das, 36 DLR (AD) 253; Kashi Nath Das Vs. Sadasbiv Pat Naik, 209 ILR (Cal) 805; EKS Chetyar Firm Vs. Maung Min, A..

Category: Property Law | Date: | Hits: 151

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......lants Vs. Rustom Ali and others..................Respondents Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman Akhand, Advocate - For t..

Category: Property Law | Date: | Hits: 71

Begum Lutfunnessa Vs. The Government of Bangla­desh represented by the Secre­tary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

....effect. 2. The petitioner staled that she purchased the land measuring .70 acres with a two-storied residen­tial house at holding No.10/1, Toynbee Circular Road, Dhaka pertaining to C.S. plot No. 33, R.S. plot Nos. 2411, 2412 and 2413 of C.S. Khatian No. 6147 (U) and R.S. Khatian No. 390 of Mouz......tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ......tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ..

Category: Property Law | Date: | Hits: 171

Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)

....ution case, we noticed that the petitioner did not raise the jurisdiction or the authority of the presiding officer of the Artha Rin Adalat to sell the mortgaged property in accor­dance with section 33 of the Artha Rin Adalat Ain at any point of time rather he had surrendered to the jurisdiction of......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698...

Category: Property Law | Date: | Hits: 81

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300.......t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300.......ad complete knowledge about the contents of the notice. If any authority is needed to fortify my view, we may profitably refer to the case of Amanatullah Vs. Ali Mohammad Bhuiyan reported in 1997 BLD (AD) 199 = 2 BLC (AD) 134. P.W.1 who is evidently a man of little learning and simple manner, cannot..

Category: Property Law | Date: | Hits: 102

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

....y mean, must include a purpose, that is, an object or aim, in which the general interest of the community, as opposed to the particular interest of individuals, it directly and vitally concerned." 33. The explanation public purpose, is therefore, construed according to the times in which particul...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......a kumar Singh Vs. R.M. College,AIR 1971 SC 1005; A.K. Mahbub Co. Vs. State ofM.P., AIR 1966 SC 1637;Hamabai Frangee Vs. Secretary of State, 42 IA 44; Land Administration Vs. Subash Chandra Das, 46 DLR(AD)63; New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank, 42 DLR(AD) 221; Shah Wall Vs. G..

Category: Property Law | Date: | Hits: 93

Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)

....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......Jobbar Bhuiyan and others………………………….....Respondents Order July 23, 2009. Cases Referred to- Ranjit Sarker and others Vs. Sree Sukhendu Bikahs Biswas and others, 17 BLD (AD) 58; Hussain Ahmed Chowdhury alias Ahmed Hussain Chowdliury and others Vs. Md. Nurul Amin and ot..

Category: Property Law | Date: | Hits: 94

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....ive Society Ltd. Vs. Bangladesh & others, 1981 103; Radha Krishna Agarwal Vs. State of 1977 (SC) 1496; Bachhanidhi Rath Vs. State of Orissa 1972 (SC) 843; Lekhraj Satramdas Vs. MM Shah, 1966 (SC) 334; A.K. Thangadurai and others Vs. District Forest Officer, Madura and others, 1985 Mad. 104; Coll......ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......raj Satramdas Vs. MM Shah, 1966 (SC) 334; A.K. Thangadurai and others Vs. District Forest Officer, Madura and others, 1985 Mad. 104; Collector of Customs, Chittagong and others. Vs. A. Hannan, 42 DLR (AD) 167; Secretary, Ministry of Industries, Vs. Nationalised Industries Textile Mills Corporation, ..

Category: Property Law | Date: | Hits: 92