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Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)

....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respon......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... acres of land on partition of the land in suit and for a declaration that the deed of gift dated August 25, 1984 in favour of the defendant No.1 was forged and fraudulent and not binding upon the plaintiffs. 2. It is the case of the plaintiffs that their predecessor Bachha Mia had three ..

Category: Property Law | Date: | Hits: 37

Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)

.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......ivil) Present: Md. Ruhul Amin J    Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents Judgment     &nb...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ...... possession therein, stating, inter alia, that the suit land measuring 18.14 acres was recorded in the name of Endu Bhuson Bashu as rayot and possessor in the DS record and from him the father of plaintiff No.4 took settlement of 1.80 acres of land in the year 1302 BS and the father of plaintif..

Category: Property Law | Date: | Hits: 28

Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)

....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......urt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Khairunnessa........................Petitioner Vs. Syed Mainul Haq and others.................................Respondents Judgment December 8, 2005. ......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......Suit No. 13 of 1997 allowing an application filed under Order I, rule 10 of the Code of Civil Procedure. 2. The suit was filed seeking the decree that the defendant No.1 is a licensee of the plaintiff in respect of the property in suit as well as for khas possession of the property describ..

Category: Property Law | Date: | Hits: 33

Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)

....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......llate Division (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J  Harun-al-Rashid Mollah and others..............Petitioners Vs. Bangladesh represented by the Secretary, Mini......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......he judgment and decree dated 5-8-1989 passed by the Subordinate Judge (now Joint District Judge), Second Court, Dhaka in Title Suit No. 213 of 1976 dismissing the suit. 2. The petitioner, as plaintiff, filed the above suit seeking declaration of his title in the suit land as described in ..

Category: Property Law | Date: | Hits: 31

Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)

....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......t: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to:......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......n 19-6-1985, i.e. before service of summons, she left Bangla­desh for her father's residence at Peshawar in Pakistan and her husband, defendant No. 2, was untraceable since December, 1985. The plaintiff contested the above miscellaneous case asserting that summons were duly served upon the d..

Category: Property Law | Date: | Hits: 33

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....ons 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 BLC (AD) (2007) 65. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Refer......ons 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 BLC (AD) (2007) 65. ......sistant Judge, Dhaka in Title Suit No. 219 of 1992/39 of 1993 decreeing the suit and thereupon declaring the decree dated April 26, 1989 obtained in title Suit No. 291 of 1985 is not binding on the plaintiff. 2. The suit was filed seeking the following relief: 3. The suit was filed ..

Category: Property Law | Date: | Hits: 31

Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)

.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......is also Reported in: 12 BLC (AD) (2007) 42. ...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......e to appeal against the judgment and decree dated 6-3-2005 passed by a Single Bench of the High Court Division in CR No. 908 of 2001. 2. The facts, in short, are that Md. Yusuf, predecessor of the plaintiff-respondents, instituted Title Suit No. 69 of 1996 in the Court of Senior Assistant Judge, ..

Category: Property Law | Date: | Hits: 28

Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)

....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......2 BLC (AD)(2007) 18. ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ...... 1992/295 of 1989 dismissing the same. The suit was filed seeking redemption of an usufructuary mortgage dated 26-12-1927. 2. The suit was filed on September 27, 1989. It was the case of the plaintiffs, that land measuring 2.53 acres belonged to 4 brothers, by name Himmat Khan, Rahmat Khan..

Category: Property Law | Date: | Hits: 48

Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)

.... the discussions made here­inabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......rted in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ...... the discussions made here­inabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......ourt of Senior Assistant Judge, Monohardi, Narsingdi in Title Suit No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, pr..

Category: Property Law | Date: | Hits: 33

Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)

....ce the same does not suffer from error or infirmity calling for interfer­ence by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......­ed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Muhammad Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1218 of 2007. (From the Judgment and Order dated May 23, 2007 passed by the High Court Division in Civil Revision No. 2644 of 2005). ......ce the same does not suffer from error or infirmity calling for interfer­ence by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ...... suit. 4. The ejectment of the tenant was sought on the ground of default in the payment of monthly rent. 5. The tenant i.e. petitioner herein contest­ed the suit denying the contention of the plaintiff as of his being a tenant under the plaintiff and also that he is a co-sharer of the holdin..

Category: Tenancy Law | Date: | Hits: 165

Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)

....n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 337. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Mohammad Rashid and others............................Petitioners Vs. The Head Master and Secretary Mo......n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 337. ......claration of title, confirmation of possession and also for permanent injunction in respect of the suit land on the averments that the suit land originally belonged to Monsur Ali, the father of the plaintiff No.1 and the grand­fathers of the plaintiff Nos. 2 to 5, who was raiyat under Khiroda..

Category: Property Law | Date: | Hits: 27

Chairman, Rajdhani Unnayan Kartripakhkha (RAJUK) Vs. Momtaz Hasan Chowdhury & others, 2006, 35 CLC (AD)

....erials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 335. ......Respondent No. 1-7. Rafique-Ul-Huq, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-Added Respondent. Civil Petition for Leave to Appeal No. 111 of 2006 (From the judgment and order dated 06.12.2005 passed by the High Court Division in Civil Revision No. 2221 of 2005). ......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 335. ......cted against the judgment and order dated 06.12.2005 passed by a Division Bench of the High Court Division in Civil Revision No. 2221 of 2005 making the rule absolute. 2. Short facts are that the plaintiffs insti­tuted Title Suit No. 347 of 1982 in the 3rd Court of Subordinate Judge (now Joint ..

Category: Limitation Law | Date: | Hits: 165

Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)

....decision. There is no cogent rea­son to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 332. ......;……...Petitioners Vs Md. Abdul Aziz & others ..............................Respondents Judgment May 14, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. ......decision. There is no cogent rea­son to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 332. ......leave to appeal is directed against the judgment and order dated 23.05.2005 passed by a Single Bench of the High Court Division in Civil Revision No.2825 of 2004 discharging the Rule. 2. The plaintiff instituted Title Suit No.01 of 1991 in the Court of Assistant Judge, Shaymnagar, Satkhira..

Category: Property Law | Date: | Hits: 23

Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)

.... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ...... (2008) 318. ...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ......d judgment decreed the suit i.e. allowed the prayer for pre-emption sought under the Muslim law. The appellate Court upon allowing the appeal sent back the suit to the trial Court for enabling the plaintiff to deposit the kabala money and further to enable the parties to lead evidence and thereu..

Category: Property Law | Date: | Hits: 25

Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)

....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shawkat Ali Khan being heirs, Khan dead his Haider Ali and others……… Petitioners Vs. Ahmed Ali and others …&helli......f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......p;         4. Decree for partition in Title Suit No. 102 of 1990 was prayed for on the basis of the kabala No. 5649 dated 19.6.1969. In the said suit plaintiff of Title Suit No.82 of 1991 was one of the defendants. Title Suit No.82 of 1991 wherein S..

Category: Property Law | Date: | Hits: 21

Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 310. ......or Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondent.  Civil Review Petition No. 67 of 2005. (From the judgment and order dated 08.03.2005 passed by the Appellate Division in Civil Appeal No. 81 of 1999). ......wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 310. ......Ruhul Amin J. - By this petition the petitioner seeks review of this Court's judgment dated 08.03.2005 passed in Civil Appeal No. 81 of 1999 allowing the appeal. 2. Short facts are that the plaintiff filed  Title Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), ..

Category: Property Law | Date: | Hits: 31

Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)

....ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Robiul Islam and others....... Petitioners Vs. Secretary, Ministry of Land, Bangladesh Secretariat......ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ...... 7.8.2002 passed by the learned Senior Assistant judge, Khulna in Title Suit Nos. 82 and 77 of 2000 dismissing the suit. 2. The petitioners and the proforma-respondents Nos. 5-1077  as plaintiffs instituted Title Suit No. 82 of 2000 in the Court of the learned Assistant Judge, Khulna..

Category: Property Law | Date: | Hits: 25

Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)

.... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... Present: Md. Ruhul Amin J Md.Tafazzul Islam J Government of Bangladesh, repre­sented by the Deputy Commissioner, Sylhet ........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April 9, 2006. Lawye...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... in Title Suit No. 93 of 1985  decreeing the suit. 2. The respondents filed the above suit for declaration of their easement right over the land described in the second schedule of the plaintiff and also for permanent injunction restraining the defendant Nos. 1-4 from interfering wit..

Category: Property Law | Date: | Hits: 19

Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)

....any substance in the sub­missions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......e Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ali.........Appellant Vs. Bangladesh and others…….........Respondents Judgment March 13, 2007. Lawye......any substance in the sub­missions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......Class Appeal No. 47 of 1993 reversing those dated 18.02.1993 by the Subordinate Judge, 2nd Court, Tangail, in Other Class Suit No. 10 of 1992. 2. The relevant facts of the case are that the plaintiff is a landless cultivator and he prayed for settlement of 'B’ schedule land without ..

Category: Property Law | Date: | Hits: 25

S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)

....out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ...... M.M. Ruhul Amin J Md. Tafazzul Islam J S.M. Nurul Islam……………………Petitioner Vs. Padma Oil Company Limited and others…………….....Respondents Judgment Novembe......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ...... present form by charge sheet dated 6.6.1993 the peti­tioner was charged for misappropriation of Tk. 2107.68 by overwriting, interpola­tion and falsifying medical prescriptions given to the plaintiff by the doctor of the respondent No.1 and the petitioner by his letter dated 16.6.1993, wh..

Category: Employment/Service Law | Date: | Hits: 61