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Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
....Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. T. H. Khan, Senior Advocate, instructed by A.K.M Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 992 of 2006. (From the judgment and order dated 25.06.2006 passed by...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ......ional Court in Title Suit No. 217 of 2003 rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts of the case, in short, are that the respondent No. 1 as plaintiff having filed Title Suit No.405 of 1984 before the Sub Judge, 1st Court, Dhaka for Specifi..Category: Civil Law | Date: | Hits: 100
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....e judgment and decree dated September 2, 1985 of the Court of Munsif (now Assistant Judge), Monirampur Upazilla, Jessore, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......e, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule. 2. The plaintiff-Respondent Nos.1-10 filed the suit stating, inter alia, that the land in suit measuring 4..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... acquiring 45 decimals of land out of 51 decimals of land of Plot No. 1009. Correction was made to the effect that in the Gazette Notification of August 11, 1983 land measuring .51 acre is to be read for the quantity of land measuring .45 acre. The writ-petitioner also impugned notice dated Septembe......pon observing "So it appears that unless the property is requisitioned under section 3 of the Act it can not be acquired without the proposal of the Deputy Commissioner. No provision of correction or amendment of the previous Gazette Notification by a subsequent Gazette Notification has been provide......t-petitioner. It is the case of the writ petitioner that acquired land measuring .45 acre also comprises .02 acre of land owned by her. The learned Counsel for the appellant has submitted that in the plaint of the said suit the plaintiff, herein writ-petitioner-respondent asserted that entire suit p..Category: Property Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....e High Court Division in Civil Revision No. 4696 of 2001). Judgment Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated July 8, 2003 of a Single Bench of the......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......ated October 19, 1997 of the 4th Court of Assistant Judge, Dhaka in Title Suit No.3 4 of 1997 decreeing the same declaring the notice issued by the defendant No. 1 illegal and not binding upon the plaintiffs. 2. The suit was filed stating, inter alia, that the land in suit described in th..Category: Property Law | Date: | Hits: 22
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....Sree Kalimata Bigraha reported in 36 DLR 4716 DLR (SC) 457 Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 359 of 2005. (From the judgment dated 14.1.2004 by the High Court Divisio......ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ...... the eastern half and Lalit possessed the western Half; Lalit sold his share to Shashi Bhusan Chokraborty who then sold the same on 30.6.1943 to Raj an Mohan Basak, the predecessor-in-interest of the plaintiff; Ranjan Mohan Basek having died intestate leaving two daughters namely Devi Basak and Mrin..Category: Tenancy Law | Date: | Hits: 147
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....k Ltd. vs. Md. Arab Ali 7 BLC (AD) 1. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Div......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......Other Class Appeal No. 30 of 2002 affirming those of dated 27.11.2001 passed by learned Assistant Judge, Dupchachai Court, Bogra in Other Class Suit No. 53 of 1999 decreeing the suit. 2. The plaintiff instituted the above suit seeking declaration that the order dated 12.11.1997 suspending ..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....aking the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in the 2nd Court of Assistant Judge, Comilla Sadar against the defendant No.1 and others for declaration that the sale deed dated 17.05.1969 said to have been executed and registered by th......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ...... against the judgment and order dated 29.06.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 2368 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in the 2nd Court of Assistant Judge, Comilla Sadar..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....……………………………………………….....Respondent (In all the cases) Judgment March 27, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceed......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......f N. Mahmud vs. N. Ahmed reported in 36 DLR (AD) 14 the Appellate Division observed that "Proceeding before a court starts when the Magistrate taken cognizance of an offence on police report or on complaint. Before such cognizance there is no proceeding that may be quashed under section 561A Cr.P.C...Category: Anti-Corruption Laws | Date: | Hits: 152
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....cres. 2. It is the case of the plaintiffs that land measuring 2.95 acres is the accretal land to the C.S. Plot Nos. 670, 671, 674, 675, 676 and 250 and that as the said land accreted to the aforesaid plots which were owned and possessed by plaintiffs, as such they are legally owners of th...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......dismissing the same. The suit was filed seeking declaration of title in respect of 2.95 acres of land and khas possession in respect of 4 decimals of land as mentioned in schedule "ga' to the plaint which are claimed to be part of the accretal land measuring 1.51 acres. 2. It is the ..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... of the People's Republic of Bangladesh upon the respondents to show cause as to why the order dated 26th November, 1996 passed by the Sessions Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... leased to Mr. Habibur Rahman Khan and 31 others in V. P. Case No. 210 of 1980 could be evicted on 5.8.1999 at 11 A. M. and in the above Memo the Deputy Commissioner to Police (West) Dhaka was also informed that Mr. Badra Munir Ferdous Assistant Commissioner and magistrate, Dhaka Collect rate, was t......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. ......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. ..Category: Property Law | Date: | Hits: 40
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ondents Judgment August 29, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 917 of 2005. From the Judgment and Order dated May 9, 2005 passed by...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......ion that the orders described in schedule 'Ka' and 'Kha' and the proceedings initiated on the basis of the said orders are illegal, void, without jurisdiction and as such not binding upon the plaintiffs. 2. It appears that the plaintiffs are claiming the land measuring 115.71 ac..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....e present Mutwalli and disclosed that the defendant No.1 claimed the suit land on the basis of the gift made by his mother on 26.06.1934. The plaintiffs contention is that the said deed of gift is forged, fabricated and fraudulent and has been created to grab the suit land. 3. The de......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......h Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment. 2. Short facts are that the plaintiffs filed Title Suit No.40 of 1984 in the Court of Assistant Judge, Keranigonj, District-Dha..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....p; Syed J. R. Mudassir Husain CJ.- This appeal by the defendant Nos.1 and 2 arises out of the leave granted on 21-08-1997 in civil petition for leave to Appeal No.567 of 1994 against the judgment and order dated 28th June, 1994 passed a S......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......ir Chandra; leaving Khagendra and Daman as two sons Dasabir Chandra also died. Thereafter, Gonesh Chandra, Khangendra and Daman sold half of the suit plot, comprising an area of 1.83 acres to plaintiffs by a registered kabala dated 25-04-1969. On the same day one Erfan Ali also purchas..Category: Property Law | Date: | Hits: 21
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
.... allowing the revisional application summarily. 2. Short facts are that the plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior Assistant Judge, Kishoreganj Sadar for declaration of title and recovery of khas possession of the second schedule land claiming title......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......t and order dated 08.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.4005 of 2002 allowing the revisional application summarily. 2. Short facts are that the plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior Assistant Judge, Ki..Category: Property Law | Date: | Hits: 71
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....t 24, 2006. Lawyers Involved: Md. Bodruddoza, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 813 of 2005. (From the Judgment and Order dated April 17, 2005 passe......appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......nd Fuljan Bibi, that Fuljan transferred 1.15 acres of land from 'Kha’ schedule and also transferred her entire share in ‘Ka’ schedule by deed of gift dated February 8, 1962 to the plaintiff, that possession was delivered to the plaintiff, that R.S. record in respect of 'Ka'..Category: Property Law | Date: | Hits: 24
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
.... July 2, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1594 of 2005. (From the judgment and order dated 2nd May, 2005 passe......firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ......dge, First Court, Nilfamari affirming those of dated 5.11.2001 passed in Other Class Suit No. 5 of 2001 by the learned Assistant Judge, Nilfamari, decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit under section 9 of the Specific Relief Act for recovery of t..Category: Property Law | Date: | Hits: 23
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
.... Judgment November 8, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1469 of 2005. (From the judgment and order dated 23.08.2005 passed b......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......tal Appeal No.76 of 2000-2001 which was also dismissed and hence the case. 3. The defendant No.5 contested the case by filing written statement denying material allegations made in the plaint contending, inter-alia, that the penalty was awarded in accordance with law. ..Category: Administrative Law | Date: | Hits: 90
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....l Revision No.3051 of 1999 making the Rule absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court of Subordinate Judge, Chandpur, for declaration of his title to the suit land claiming the same by way of inheritance from his fath......mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ......is directed against the judgment and order dated 09.08.2001 passed by the High Court Division in Civil Revision No.3051 of 1999 making the Rule absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court of Subordinate Judge, Chandpur..Category: Property Law | Date: | Hits: 22
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
.... Involved: Abdul Halim Chaklader, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 271 of 2005. (From the judgment and order dated 12.03.2005 passed by......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ......ellaneous Case No. 6654 of 2002 discharging the Rule. 2. Short facts are that one Dr. Shamsuddin Jahangir as president of BCSIR Co-operative Housing Society filed a petition of complaint in the Court of the Chief Metropolitan Magistrate, Dhaka on 29.07.2001 against the accused p..Category: Criminal Law | Date: | Hits: 42
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