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Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....e in the plaint. They contended, inter alia, that the suit is barred by the provisions of the Forest Act, 1927 as well as section 56 of the Specific Relief Act. Their case is that the suit plot Nos. 1330, 1410, 1596, 1600. 1606 and 1662 of Mouza Araishaprosad along with other lands were declared as ......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......s.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Forest, Dhaka 2 BLC (AD) 56; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Goeenur and others 35..Category: Property Law | Date: | Hits: 42
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....7 of a Division Bench of the High Court Division passed in First Appeal No.1 of 1988 allowing the appeal and thereupon sending the suit back to the trial Court for disposal with Title Suit No.39 of 1933. 2. The first appeal was filed against the judgment and decree dated September 13, 1986 of the...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..Category: Property Law | Date: | Hits: 67
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......n Mahajan & another............Respondents Judgment June 20, 2006. Result: The appeal is allowed. Cases Referred to- Bangladesh vs. Commercial Trust of Bangladesh Ltd. 46 DLR (AD) 89; Ali Ahmed and others vs. Government of Bangladesh and others 55 DLR (AD) 92; Abul Basher an..Category: Property Law | Date: | Hits: 32
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....or India before 1965 and also that Jogesh and Mrinalini on 12.10.1976 vide deed No.19643 appointed Dr. Mahfuzul Hoque and Md. Forbad Khandaker and subsequently the same was cancelled vide deed NO. 133 dated 9.02.1978 but the above power of attorney holders sold out an area of .25 acres of lands fr......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......azmi Kanta Roy vs. Upazila Nirbahi Officer and another 46 DLR 136; ADC (Revenue), Dhaka Vs. Md. Mostafa Ali Mridha and others, 48 DLR 193; Artoti Rani Paul Vs. Sudarshan Kumar Paul and others, 56 DLR (AD) 11; M.M. Ispahani Vs. Deputy Custodian, 20 DLR 493; Haji SK. Md. Lutfur Rahman Vs. Chairman, Co..Category: Property Law | Date: | Hits: 40
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....Record- For the Appellant. Md. Nawab Ali, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Appeal No. 133 of 2003 (From the judgment and order dated 30.6.2002 passed by the High Court Division i...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......ver, acquiescence or estoppel demolishing his right of pre-emption………..(14) Cases Referred To- Akhlasur Rahman and others Vs. Safarullah and others, 14 BLD(AD) 20; Shi Audh Behari Singh Vs. Gajadhar Jaipura and others, (1955) I SCR 70; Fazaruddin Vs. Ma..Category: Property Law | Date: | Hits: 32
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ....... Santi Rani Dhupi and others.............Respondents Judgment October 19, 2006. Result: The appeal is allowed. Case Referred to- Tayeb Ali vs. Abdul Khaleque and others, 43 DLR (AD) 87. Lawyers Involved: A.S.M. Khalequzzaman, Advocate-on-record-For the Appellants Firo..Category: Property Law | Date: | Hits: 53
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......inguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by Firoz Shah, Advoc..Category: Property Law | Date: | Hits: 46
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....en the suit will be decreed and it could be executed against the executor of the will. Therefore, she is not deprived of any remedy. Cases Referred to- Charubala Sen v. Abdul Hashem and others, 33 DLR (AD) 254; Brindaban Chandra Shaha Vs. Sureswar Shaha Pramanick, C.L.J. Vol. 1909 page 263; Na......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......suit will be decreed and it could be executed against the executor of the will. Therefore, she is not deprived of any remedy. Cases Referred to- Charubala Sen v. Abdul Hashem and others, 33 DLR (AD) 254; Brindaban Chandra Shaha Vs. Sureswar Shaha Pramanick, C.L.J. Vol. 1909 page 263; Nabin Cha..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ...... (SC) 569; Basanka Lal Banik Vs. Islamic Republic of Pakistan, 1969 SCMR 283; Daryao and others Vs. State of U P and others AIR 1961 (SC) 1457; Hazi Waziullah Vs. Addl. Deputy Commissioner 1989 BLD (AD) 135. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate wit..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....present case. Thus we do not think that the decisions referred to are of much help to the respondents. 1984 BLD (AD) 283, relied upon, however, will be referred to at the end of this discussion. 33. The grievance as to less than 15 days notice in connection with the fresh notice under 5(3) in 1......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......8 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. Government of Bangladesh, 1984 BLD (AD) 283. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B...Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....he appellant suited in her petition that she purchased the land measuring .70 acres with a two-storiyed residential house at holding No. 10/1 Toyenbee Circular Road, Dhaka pertaining to C.S. Plot No. 33, R.S. Plot Nos. 2411, 2412 & 2413 of C.S. Khatian No. 6147 (U) and R.S. Khatian No. 390 of Mo......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......s to the appellant's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......Agarwalini 10 DLR 318; Md. Magdu Bhuiya Vs. Jabban Huq 11 DLR 355; Md. Habibullah Patwari Vs. Pran Ballav Bhakta & others 9 DLR 119; Sree Jugal Kishori Sarker Vs. Azizur Rahman & ors., 40 DLR (AD) 150. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mozammel Huq Bhuiyan & Mr..Category: Property Law | Date: | Hits: 45
....gs avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......e proceedings avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....nd character of the suit. Cases Referred to- Kasinath Das Vs. Sadasiv Patnaik (1893) ILR 20 Cal. 805; Ma Shwa Mye Vs. Maung Mo Hnaung AIR 1922 PC. 249; E.K.S Chettyar Firm Vs. Maung Min AIR 1933 Rang 247; Golam Hafez Mia Vs. Khadem Ali (1977) 29 DLR SC 311; Keramat Ali Vs. Md. Yunus (1963) 1......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......court which may, upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....ed by B. Hossain, Advocate-on-Record —For the respondent. Civil Appeal No. 143 of 1902. (From the Judgment and order dated 20-3-1982 passed by the High Court Division, in Civil Revision No. 336 of 1972.) Judgment Fazle Munim CJ.- This appeal arises from the judgment of the High Co...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... law to the contrary. There are no such provisions of law. The Order of abetment is vacated. The suit will proceed in accordance with law………………(12 and 13) Cases Referred to- 31 DLR (AD) 266, 32 DLR (AD) 260 and 34 DLR (AD) 25. Lawyers Involved: Khondker Mahbubuddin Ahmed, ..Category: Property Law | Date: | Hits: 38
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....sary for implementation of the plan which is undoubtedly a public purpose…………………….(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR (AD) 161; Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154; Federation of Pakistan Vs. Saeed Ahmed PLD 1974 (S.C) 151 (168); Secretary of State......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......g and the land under acquisition is necessary for implementation of the plan which is undoubtedly a public purpose…………………….(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR (AD) 161; Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154; Federation of Pakistan Vs. Saeed Ahmed PLD..Category: Property Law | Date: | Hits: 48
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
.... Miah A. Gafur, Advocate-on-Record—For the Respondent 1. Civil Appeal No. 97 of 1981 (Form the Judgment and Order dated 30-1-81 passed by the High Court Division in Civil Revision Case No. 333 of 1977). Judgment Kemaluddin Hossain CJ.- The purchaser is the appellant, against whom a ......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......llate stage but by then the document had been registered and so the pre-maturity could be said to have been cured……..(3) Case Referred to- Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Hannan, Advocate, instructed by Md. Aftab Hossain, Advocate-on..Category: Property Law | Date: | Hits: 65
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......gal consequence of abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... of the deed under section 60 of the Registration Act subsequent to filing of the case seeking preemption……(28) Cases Referred To: Saiful Bibi vs. Abdul Aziz Khan 133 Indian Cases, 901; AIR 1932 Allahabad, 596; 13 CWN, 160; Md Zaki Khan and others vs. Munnu Sahu ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......Ali Sarkar 17 DLR 365; Abdur Rahman vs. Baser Ali and others 21 DLR 599; Ashutosh Mali and others vs. Shamsunnahar and others 33 DLR 254; Ahmed Hossain and others vs. Basharat Ali and others 32 DLR (AD) 54; Dukhiram Mondal vs. Aminuddin Molla and others 14 DLR 168; Abdul Baten vs. Abdul Latif Sh..Category: Property Law | Date: | Hits: 55
.... land. If it be held that the Government so acted, then it tantamounts to saying that the Government is evicting itself. Such actions are against good government and public policy, he submits.
33. We do not think that there has been a merger of the lessee's leasehold interest in the lessor in......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 68
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