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Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)

....d rest land to Mohammad Ali Raj Meah by two deeds of Heba-bi-Ewaz dated 13.12.60 and 24.1.61 respectively. After Heba dated 13.12.60 only 0.01 acres of land remained in the said khatian, but it was wrongly written as 0.04 in the Heba dated 24.1.1961 and that although Shamsul Huq had no title to ......f filed the aforesaid suit in the Court of Assistant Judge, at Gouripur Upazilla for permanent injunction against the defendant respondent stating, inter alia, that one Ahmed Ali Khalifa, the C.S. recorded tenant of 0.6 acres of land in C.S. Khatian number 66 sold the same to Fida Hossain and No......aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......and to Rahimuddin and rest land to Mohammad Ali Raj Meah by two deeds of Heba-bi-Ewaz dated 13.12.60 and 24.1.61 respectively. After Heba dated 13.12.60 only 0.01 acres of land remained in the said khatian, but it was wrongly written as 0.04 in the Heba dated 24.1.1961 and that although Shamsul H..

Category: Property Law | Date: | Hits: 23

Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)

....or who may cause the matter inquired into by an inquiry commission but without taking recourse to this provision the write petition­ers moved the High Court Division and obtained Rule which was wrongly made absolute. On these two grounds the appeal has been pressed by the learned Counsel app......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ..

Category: Civil Law | Date: | Hits: 98

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....r. P. C it was held-  "As for the next appeal, Criminal Appeal No. 22 of 1998, the learned Advocate for the appellant, submits that the Criminal Miscellaneous Case filed by the appellant was wrongly found to have become in fructuous and that the matter of custody of the victim girl ought to......he School through the Deputy com­mission Satkhira who has sent the same duly attest­ed by the Additional District Magistrate, Satkhira with a forwarding and find therefrom that her date of birth as recorded in the admission register of stu­dents was on 12.11.1984 . It further appears from the mar......aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 34

Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)

....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ...... of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ..

Category: Criminal Law | Date: | Hits: 45

State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)

....signed by the learned Advocate for the petitioner merits no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......35,000/-, but the said accused Biju demanded more but it was decided that a sum of Tk. 1,50,000/- will be paid at Banghabandhu Bazar; that the matter was reported to the police and G. D. entry was recorded with the Joydebpur Police Station. Subsequently, one Abdur Rahim Shikder came to P.W.1 and......no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......signed by the learned Advocate for the petitioner merits no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ..

Category: Criminal Law | Date: | Hits: 36

Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)

....pend­ent and disinterested witness to support the prosecution case as discussed earlier, we are not inclined to review the impugned judg­ment only on the ground that the High Court Division wrongly observed that the learned Additional District Magistrate had no juris­diction to frame ......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ..

Category: Criminal Law | Date: | Hits: 38

Misir Ali and another Vs. State, 2007, 36 CLC (AD)

....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......n informa­tion in the night at about 7.45 P.M. on 19.8.1993 that there were Indian goods in the shop of the convict appellant Misir Ali in Madhabpur Bazar and after getting this information he recorded a G.D Entry at the Thana and then proceeded with his forces to Madhabpur Bazar. He along w......ce by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

....he trial court thor­oughly considered the evidence on record in finding guilt of the respondents but while disposing of the appeal the High Court Division has not at all discussed the same and wrongly found that the eye witnesses gave false evidence to fit in the post-mortem examination repo......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ..

Category: Criminal Law | Date: | Hits: 84

Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)

....Nos.1-7 as heirs of Ishaque inher­ited the property and plaintiff Nos.20-25 as the heirs of Ismail are in continuous possession of the suit land on payment of rent regularly. The suit land was wrongly recorded in the name of Ishaque alone in S.A. Khatian No. 124 leaving out the heirs of Moha......as heirs of Ishaque inher­ited the property and plaintiff Nos.20-25 as the heirs of Ismail are in continuous possession of the suit land on payment of rent regularly. The suit land was wrongly recorded in the name of Ishaque alone in S.A. Khatian No. 124 leaving out the heirs of Mohammad Ism......­missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ..

Category: Property Law | Date: | Hits: 34

Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)

....y of inheritance and he died leaving behind the plaintiff-respondent as his sole heir. The plaintiff-respondents possessed the suit land in assertion of their right in it. But as the suit land was wrongly recorded in the name of the defendant- petitioners and they tried to dispossess the plainti......eritance and he died leaving behind the plaintiff-respondent as his sole heir. The plaintiff-respondents possessed the suit land in assertion of their right in it. But as the suit land was wrongly recorded in the name of the defendant- petitioners and they tried to dispossess the plaintiffs, the......s to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..

Category: Property Law | Date: | Hits: 25

Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)

....are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ...... Ameen J Raghunath Sarker. .............Appellant Vs Ramnath Sarker ...............Respondent Judgment July 1, 2008. Lawyers Involved: Alhaj Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. ......are of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..

Category: Property Law | Date: | Hits: 24

Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)

....correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......e suit land as a licensee. The further case of the plaintiff is that the defendant No.1 used to look after all the affairs of Firoj Ali and taking advantage there of the defendant No.1 got his name recorded in the Khatian and sub­sequently when the plaintiffs who are sons of Firoj Ali directe...... dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 229. ..

Category: Property Law | Date: | Hits: 23

Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)

....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......her the plaintiff had failed to pro­duce any document at the trial to show that the  land  included  in the kabala belonged to Arun Chandra Shil nor any evidence is available on recorded to show that the  said  land  belonged  to Arun Chandra Shil; in view......I ADC (2009) 223. ......r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ..

Category: Property Law | Date: | Hits: 22

Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)

.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......nter alia, that the suit land situated in the Alahari Mouza under Trishal Thana of District Mymensingh belonged to Ex-Zamindar Binayak Das Acharjaya Chowdhury and accordingly the same was correctly recorded in their name in 321 settlement Khatian. Binayak Das Acharjaya Chowdhury built a big tin-s......re with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ..

Category: Property Law | Date: | Hits: 26

Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)

....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......en­dants by filling written statement denying the material allegations made in the plaint contending, inter alia, that the suit land being possessed in ejmali by the plaintiff and the defendants was recorded in the name of both the plaintiff and Mohammad Hossain, the predecessor of the defendants a......e petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ..

Category: Property Law | Date: | Hits: 26

Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)

....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......d two sons oppo­site party Nos. 3 and 4, two daughters opposite party Nos.5 and 6, the then minor Renu Bibi (respondent No.1 herein) the settlement record of the land belonging to Syed Ali was recorded in the name of all his above named heirs; thereafter on the death of Rahima Bibi pre-empto...... are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......nsfer of the case land from owner opposite party Nos. 3 to 4 and have been possessing the land since purchase; after purchase the pre-emptee filed Miscellaneous Case No.1920/79-80 and separated the khatian in their names and paid development cost and spent also Tk.10,560/- on improvement of land;..

Category: Property Law | Date: | Hits: 25

Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)

....nd it is found that the plain­tiffs left no stone unturned in acquiring the suit property. It is the case of plaintiffs that they possess the suit land but the recent record of rights has been wrongly pre­pared. It is settled principle of law plaintiff is to prove his own case and it is ......ub­stances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......also Reported in: VI ADC (2009) 193. ...... of Khatian No.1104. Plaintiff purchase 0.10 ½ decimals of land from the husband and daughters son of Kutiron Nessa on 30.05.1983. Plaintiff purchased 0.8 ½ dec­imals of land from khatian No. 30 in the benami of plaintiff Nos. 2 to 6. Salemat and Ali Mollah purchased 0.1½..

Category: Property Law | Date: | Hits: 21

Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)

....compromise and that compromised an area of 1.53 acres of land was transferred in favour of Guru Charan. This way Guru Charan acquired title and possession in 6.25 acres of land. The R.S. record was wrongly prepared in the name of Ashini whereupon Guru Charan filed Title Suit No. 244 of 1966 in th......a. Narendra Mitra demanded a fresh Kabuliyat and Mohim Sana and Billa Dasi executed a Kabuliyat dated 06.01.1921 in favour of Narendra Mitra in respect of the suit land. The C.S. Khatian No.82 was recorded in respect of 9.44 acres of land in the name of Billa Dasi and Mohim Sana. Mohim Sana died...... Ed. This Case is also Reported in: VI ADC (2009) 186. ...... sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ..

Category: Property Law | Date: | Hits: 23

Lala Ghand Sarder Vs. Abdul Huq and oth­ers, 2007, 36 CLC (AD)

....­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......deration with statutory compensation. 3. The petitioner contested the case by filing a "written objection denying the material allegation stating, inter alia, that the case holdings recorded in R.S. Khatian Nos. 47, 31 and 153 in the names of Haralal Ghose, Priollal Ghose, Jatindr...... Ed. This Case is also Reported in: VI ADC (2009) 150. ......­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 150. ..

Category: Property Law | Date: | Hits: 20

BD and Justice Syed Md. Dastagir Hossain and others Vs. Md. Idrisur Rahman & ors., 2009, 38 CLC (AD)

....d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87.......July, 2008 passed by the High Court Division in write petition No.1543/2003 heard analogously with the Writ Petition No. 2975 of 2003 and Writ Petition No. 3217 of 2003) ORDER For reasons to be recorded later on details we hereby pass the following short order:- 1. In the matter of appointm......e is also Reported in: 6 LG (AD) (2009) 87.......d A. H. M. Shamsuddin Chowdhury be considered in terms of the aforesaid guidelines. All the leave petitions are disposed of accordingly. Ed. This Case is also Reported in: 6 LG (AD) (2009) 87...

Category: Constitutional Law | Date: | Hits: 233