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Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......im J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......ituted Title Suit No. 103 of 2002 in the 1st Court of Joint District Judge, Gazipur praying for declaration that the judgment and decree to Title Suit No. 298 of 1980 was not binding upon the plaintiffs. They also filed an application on 19.11.2002 under order 39, Rule1 read with section 15..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......s regard the land of schedule 'Kha and 'Ga' of Mouza Sandalpur. 2. The trial Court decreed the suit in respect of the land of 'Ka' schedule and dismissed the suit as regard the claim of the plaintiffs in respect of the land of 'Kha' and 'Ga' schedule. The plaintiffs took appeal as against..Category: Property Law | Date: | Hits: 67
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ...... M.A. Aziz J Amirul Kabir Chowdhury J Md. Abdur Rahman Sikder………………………..Petitioners Vs. Nur Mohammad Khan and others…………….Respondent Judgment March 12, 200......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......opposite party Nos.1,2 and 4-33 for drawing up a proceeding in respect of 13.73 acres of land and restraining the second party from disturbing his possession, stating that the second party as plaintiff filed Title Suit No. 30 of 1994 in the Court of Joint District Judge, Barisal for dec&sh..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......esent: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fazlul Kader Chowdhury..................Petitioner Vs. Cyma Zarrar and another……………...Respondents Judgement January 3......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ayer was made for declaration of her title to the suit property and also for declaration that the power of attorney dated 01.07.1993 affidavit dated 08.07.1993 purported have been made by the plaintiff are false, illegal and not binding on her and also for declaration that memo dated 17.07...Category: Procedural Law | Date: | Hits: 154
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......; Not represented- Respondent Nos. 2-6. Civil Appeal No.73 of 1998 (From the judgment and order dated 4 June 1996 passed by the High Court Division in Civil Revision No.3283 of 1991 (Dh...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......te Judge, Patuakhali in Title Appeal No. 157 of 1985 reversing the judgment and decree dated 31.8.95 passed by the learned Munsif, Bauphal in Title Suit No.439 of 1993. 2. Respondent No.1 as plaintiff brought the said suit on the averments, inter alia, that he took settlement of the land ..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......onzur Murshed .............................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......tant Judge, 1st Court, Dhaka in S.C.C. Suit No. 160 of 1985 in which the trial Court dismissed the suit for eviction of the appellant from the suit premises. 2. The suit was filed by the plaintiff-respondent on the simple allegation that the appellant has been carrying on a s..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......Amin J Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is al...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......Judge, Jamalpur in other class Suit No.107 of 1984 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit measuring 1.09 acres. It is the case of the plaintiffs that the land in suit listed in C.S. Khatian No. 24 belonged to Brajendra Kishore Roy Cho..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......d. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......setting aside the exparte judgment and decree dated 28.11.89 passed in the Title Suit No. 100 of 1989 of the Court of Assistant Judge, Kaligonj, District Jhenidah. 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and kha..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Aslam Khan .................Appellant Vs Haji Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......ourt Division in Civil Revision No. 526 of 2000) Judgment: Md. Ruhul Amin J. - This is plaintiffs appeal by leave against the judgment dated August 23, 2001 of a Single Bench of the Hig..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......M. Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. Vs. Md. Idris Ali Ako......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......nd even without noticing a palpable fact on record causing miscarriage of justice. The impugned judgment is therefore wholly unsustainable. Now I proceed to the facts of the case. 2.The plaintiff respondent brought Title Suit No. 465 of 1984 in the Court of Assistant Judge of the the..Category: Employment/Service Law | Date: | Hits: 73
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......dated 24.4.1958 A.D. to one Kancha Mai and delivered possession of the same to her and Kancha Mai after enjoying the same for about four years gifted orally the same to her youngest issue the plaintiff on 1st Jaistha, 1348 B. S. in presence of witnesses and also delivered possessi..Category: Property Law | Date: | Hits: 27
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. Lawyers Involved: Mahb......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......t Civil Appeal No.78 of 2003. (From the Judgment and Order dated August 16, 2001 passed by the High court Division in civil Revision No.255 of 2000) Judgment: Md. Ruhul Amin J.- This is plaintiffs appeal by leave against the judgment dated August 16, 2001 of a single bench of the High ..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... Amirul Kabir Chowdhury J Abdul Jabbar………………………………….. Appellant Vs Sultan Ahmed and others……………………Respondents &nb...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......ging legality of the ex-parte decree of 11th February 1979 obtained in Title Suit No. 225 of 1977 by the defendant petitioner declaring his title and the Title Suit No. 64 of 1992 has been filed by plaintiff respondent Nos.1-6 for khas possession and for eviction of the monthly tenants of the def..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... Ed. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... decreeing the same with costs. 2.The suit was filed seeking declaration that the order of dismissal described in schedule 'Ka' attached to the plaint is illegal, void and not binding on the plaintiff and that plaintiff is still in the service of the defendant and is entitled to salar..Category: Employment/Service Law | Date: | Hits: 113
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......-2001 passed by a Division Bench of the High Court Division in Civil Revision No. 4631 of 2000 discharging the Rule and thereby refusing amendment of the plaint. 2. The appellants as plaintiffs filed Other Suit No. 184 of 1994 for declaration of title and Khas possession by evictin..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ...... Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Parti......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......he judgment and decree dated 22-6-1993 passed by the learned Subordinate Judge (now Joint District Judge), Artha Rin Adalat, Sylhet in Title Suit No. 71 of 1991 dismissing the suit. 2. The plaintiff instituted Title Suit No. 85 of 1983 in the 2nd Court of Subordinate Judge (now Joint Dis..Category: Property Law | Date: | Hits: 48
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. Lawyer......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......he High Court Division passed in First Miscellaneous Appeal No.264 of 2003 allowing the appeal setting aside the judgments and order Nos. 2 and 3, both dated 13.11.2002, allowing the prayer of the plaintiff under Order 40 Rule 1 read with section 151 CPC appointing receiver and also order Nos.6 ..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......sed. Ed. ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......to Appeal is directed against the judgment and order dated 17.07.2004 passed by the High Court Division in Civil Revision No. 3656 of 2003 making the Rule absolute. 2. The predecessor of the plaintiff instituted Title Suit No.47 of 1999 in the 2nd Court of Joint District Judge at Narayang..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......Civil) Present: Muhammad Fazlul Karim J Md. Joynul Abedin J Md. Suruzzman.....................................................Petitioner Vs. Md. Ahamed Ali and others........................ ...........Respondents Judgment May 22, 2007 ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......992 making the Rule absolute reversing the judgment and decree dated 30.04.1992 passed by the Senior Assistant Judge, Nalitabari in Other Class Suit No. 90 of 1991. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 90 of 1991 before the Senior Assistant Judge, Nalitabari for ..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ...... Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Hu......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......eed being No. 4030 on 24.09.1946 to one Sk. Hossainuddin son of late Kamatullah Sk. Hossainuddin died leaving Samiruddin and others as his heirs. Samiruddin and others sold two Pakhi on 12.09.1955 to plaintiff's name and bename and possession was handed over. Plaintiff was possessing the suit land s..Category: Property Law | Date: | Hits: 75
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