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Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

....with law and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. ......) 113. ...... Court, Rajshahi, for realization of Tk. 21,63,148/- which arose out of the banking loan facilities enjoyed by the defendant-loanee Nos.1-5 for import of Nilon Code Tyre and Tube by opening L.C. and that the defendant No.6 stood as guarantor and secured the loan. The writ petitioner was the defendan...... Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another........Respondents Judgment April 26, 2009. Lawyers Involved: Mozaffar Hossain, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not ..

Category: Civil Law | Date: | Hits: 121

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ...... This Case is also Reported in: 19 BLD (AD)(1999) 276. ......f the opposition in their letters to the Speaker (Annexure-A and Al) regarding two BNP members  of Parliament to the Election Commission within 30 days of receipt of the order. 2. The events that led to the filing of the writ petition as described by respondent Nos. 1 and 2, the writ petitio...... and others………….others Respondents Judgment July 29, 1999. Cases Referred to- Ghulam Muhammad Mustafa Khar Vs. Chief Election Commissioner of Pakistan, PLD 1969 Lahore 602; Fazlul Chowdhury Vs. Muhammad Abdul Haque, PLD 1963 SC 486. Lawyers Involved: ..

Category: Constitutional Law | Date: | Hits: 138

State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)

.... 3. The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I.R named accused persons including the con­vict appellant number 1 over the landed property since long; that on 28.10.2003 at about 11 A.M. the brother-in-law, namely, Md. Kamr...... July 30, 2009. Lawyers Involved: Nazrul Islam Talukder, Deputy Attorney General, instructed by B. Hossain, Advocate-On-Record-For the Petitioners (In all the petitions) Abdul Basel Majumder, Senior Advocate, instructed by Mr. Mahbubar Rahman, Advocate-On-Record-For the Respon......82 of 200 rejecting the death reference and allowing; the criminal appeals and acquitting the accused respondents from the charge levelled against them. 3. The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I.R named accused perso...... 2009) Alamgir and another…………….Respondents (In Criminal Petition No. 264 of 2009) Order July 30, 2009. Lawyers Involved: Nazrul Islam Talukder, Deputy Attorney General, instructed by B. Hossain, Advocate-On-Record-For the Petitioners (In all the petition..

Category: Others | Date: | Hits: 66

Jahangir Alam Vs. Md. Joynal Abedin and others, 2010, 39 CLC (AD)

.... to appeal. The facts leading to the filing of this petition, in brief, are that the respondent No.1 instituted a case being the Miscellaneous Case No. 24 of 1997, praying for pre-emption of the case-land whereupon the pre-emptee-petitioner contested the case by filing a written objection, denying a......his petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 305. ...... Petition for Leave to Appeal No. 1932 of 2009. Judgment ABM Khairul Hague J. - This is a petition for leave to appeal. The facts leading to the filing of this petition, in brief, are that the respondent No.1 instituted a case being the Miscellaneous Case No. 24 of 1997, praying for p......bedin and others………………….Respondents Judgment February 23, 2010. Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate on-Record- For the Petitioner. Not Represented-the Respondents. Civil Petition for Leave to ..

Category: Property Law | Date: | Hits: 28

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

.... No.2293 of 1993 challenging the acquisi­tion notification No. For. 6M-31/61/1686 dated 18.11.1961 published by the Agriculture Department in the Dhaka Gazette on 30th November, 1961 declar­ing the lands detailed in the schedule of the said Notification, which includes the schedule land of the pet......ossain, Advocate-on-Record-For the Appellants. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 214 of 2002. (From the judgment and order dated 28.02.2001 passed by the High Court Division in Writ Petition No. 2293 of 1997.) Judgment Shah Ab......arim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respondent Judgment October 28, 2009. Lawyers Involve......rs…………………Appellants Vs. Azema Khatun………….........Respondent Judgment October 28, 2009. Lawyers Involved: Khalilur Rahman, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Aftab Hossain..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....udge, First Court, Gazipur, in Title Suit No.18 of 1993. 2. The facts in brief are that the respondent No.1 filed the instant suit for partition claiming a saham for 4.03 acres out of the suit-land. The suit was contested by the defendant Nos.1, 4, 5 and 2, 10 to 13 by filing separate set of ....... This Case is also Reported in: VII ADC (2010) 336. ......s. Md. Habejuddin and others….........Respondents Judgment February 9, 2010. Lawyers Involved: Md. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Harunur Rashid, Advocate, instructed by Syed M......ers….............Petitioners Vs. Md. Habejuddin and others….........Respondents Judgment February 9, 2010. Lawyers Involved: Md. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Harunur..

Category: Property Law | Date: | Hits: 19

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....he said property to Sakhawat Ali and Babor Ali, who cultivated the same. The S.A. record has been prepared in the names of Sakhawat and Babor Ali. On 18th March, 1963 Shakawat Ali sold 50 decimals of land to the plaintiffs father Obaidul by a registered deed and deliv­ered him possession. The Khati...... Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 123 of 2009. From the judgment and order dated 52.5.2008 passed by the High Court Division in Civil Revision No. 3693 of 2004.) Judgment SK Sin......peal No. 49 of 2003. 2. The petitioner instituted Title Suit No. 83 of 2000 in the Court of Senior Assistant Judge, Sundargonj, Gaibandha, for partition. The case of the plaintiff in short is that Prem Chand Roy, Ram Chandra Roy and Charu Chandra Roy were C.S. recorded owners in possession of......¦â€¦â€¦ Petitioner Vs. Md. Shamsul Hoque Sarder and others .......The Respondents Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to ..

Category: Property Law | Date: | Hits: 18

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....Sylhet in Title Suit No. 18 of 1990. 2. The petitioner instituted Title Suit No. 18 of 1990 in the 2nd Court of the learned Subordinate Judge, Sylhet for a declarations that the first schedule land is acquired land of the plaintiff and that the settlement in respect of second schedule land in......an, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 165 of 2009. (From the judgment and order dated 26.10.2008 passed by the High Court Division in Civil Revision No. 2027 of 2007.) Judgment SK Sin......t Judge, Second Court, Sylhet in Title Suit No. 18 of 1990. 2. The petitioner instituted Title Suit No. 18 of 1990 in the 2nd Court of the learned Subordinate Judge, Sylhet for a declarations that the first schedule land is acquired land of the plaintiff and that the settlement in respect of ......€¦â€¦â€¦â€¦....Petitioner Vs. Obaid Jagirdar and others…………...........Respondents Judgment February 15, 2010. Lawyers Involved: Goutum Roy, Deputy Attorney General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not r..

Category: Property Law | Date: | Hits: 25

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....s plaintiff instituted Other Class Suit No.89 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that the defendant sold 0.04 acres of viti land along wit...... in: VII ADC (2010) 327. ......9 of 1993 before the Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that the defendant sold 0.04 acres of viti land along with a tin shed thereon at a consideration of T......¦â€¦â€¦â€¦â€¦....Petitioner Vs. Md. Shamsur Rahman…………...........Respondent. Judgment December 10, 2009. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, Instructed by Mohd. Nawab Ali, Advocate-on-Record-For the Petitioner. Shamsuddin..

Category: Property Law | Date: | Hits: 21

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....o.76 of 1994. 2. The petitioner instituted Other Class Suit No.76 of 1994 in the Court of learned Senior Assistant Judge, Thakurgaon, for specific performance of contract. His case is that the land in suit appertaining to C.S. Khatian No.776, Plot No.202 of mouja Jagannathpur, P.S. Thakurgaon......cord-For the Petitioner. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 131 of 2009. (From the judgment and order dated 18.11.2007 passed by the High Court Division in Civil Revision No.5771 of 2001.) Judgment SK Sinh......s Suit No.76 of 1994. 2. The petitioner instituted Other Class Suit No.76 of 1994 in the Court of learned Senior Assistant Judge, Thakurgaon, for specific performance of contract. His case is that the land in suit appertaining to C.S. Khatian No.776, Plot No.202 of mouja Jagannathpur, P.S. Th...........Petitioner Vs. Md. Khademul and others………….......Respondents Judgment February 14, 2010. Lawyers Involved: Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil P..

Category: Property Law | Date: | Hits: 26

Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)

....petitioners instituted a suit being Title Suit No. 385 of 1988 in the Court of Subordinate Judge, Second Court, Dhaka, praying for declara­tion of title and recovery of khas posses­sion of the suit land. 3. Defendant No. 1 contested the suit by filing a written statement denying the plainti....... This Case is also Reported in: VII ADC (2010) 318. ......sain J Surendra Kumar Sinha J Mayeen Uddin Ahamad being dead his legal heirs 1(Ka). Nargis Jakil others…....Petitioners Vs. Abdur Rashid Sk. being dead his heirs Zamina Khatun and others......Respondents Judgment February 16, 2010. Lawyers Involved...... Vs. Abdur Rashid Sk. being dead his heirs Zamina Khatun and others......Respondents Judgment February 16, 2010. Lawyers Involved: Md. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Not Rep..

Category: Property Law | Date: | Hits: 21

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....tition­er as plaintiff instituted a suit being Title Suit No. 10 of 1998 in the Court of the learned Joint District Judge, 1st Court, Faridpur for a decree of partition in respect of .07 ½ acres of land with a tin shed house and 1/11 share of tin shed house, 29 Bandh and 35 Bandh each and also in ......ed in: VII ADC (2010) 314. ......ainst the judgment dated 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of 2007 where­by leave petition was dismissed. 2. The facts, in short, are that the petition­er as plaintiff instituted a suit being Title Suit No. 10 of 1998 in the Court of ......aque…………...Petitioner Vs. Miss Rowshan Ara Begum and others…..........Respondents Judgment August 23, 2009. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not r..

Category: Property Law | Date: | Hits: 22

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....- "If the Government wants to stop the Petitioner from leaving the country then it must start a specific criminal case against him and get a custodial order by a court of law under the laws of the land. If the Government is allowed to restrict a person from going abroad at its discretion simply b...... 409. ......The leave petition is dis­missed. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Attorney, Attorney General, Ekramul Hoque, Assistant Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdur Razzak, Senior Advocate, instruct­ed by Syed......etitioner Vs Allama Delawar Hossain Sayedee and others........Respondents Order August 24, 2009. Result: The leave petition is dis­missed. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Attorney, Attorney General, Ekramul Hoque, Assistant Attorney General..

Category: Others | Date: | Hits: 115

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

....ision in Civil Petition for Leave to Appeal No. 697 of 2007 dismissing the same. 2. The respondent No.1 as plaintiff filed Title Suit No.62 of 1988 for declaration of his title in .21 acres of land in plot No.243 and .17 acres in plot No.254 of Mouza Gobindapur, Police Station and District-Jh......d in: VII ADC (2010) 307. ......tion and District-Jhenaidah and for recovery of possession of .04 acre of land of plot No.243 and entire .17 acre of land of plot No.254. 3. In the said suit the plaintiff stated, inter alia, that .21 acres of land of plot No.243 belong to Nayeb Ali and others and they transferred the same to...... Mondal……………….......Petitioner Vs. Juran Mondal and others…………....Respondents Judgment August 23, 2009. Lawyers Involved: N. K. Saha, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Naw..

Category: Property Law | Date: | Hits: 20

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

....lace of defendant no. 18 but no summons of the said suit was served upon them. The present defendants managed a service return in collusion with the process server. It is further stated that the suit land originally belonged to one Masiruddin and Mohiruddin and they settled 5.15 acres of land with o...... Ed. This Case is also Reported in: VII ADC (2010) 295. ......ourt who upheld the judgment and decree of the trial court. 2. The petitioners as plaintiffs instituted Other Suit No.25 of 1997 impleading the opposite parties as defendants praying for declaration that the preliminary decree dated 24.9.1992 and the final decree dated 31.5.1994 passed in Other Suit...... Vs. Kulsum Begum and others...........Principal-Defendants-Opposite parties Judgment July 19, 2009. Lawyers Invoplved: Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to ..

Category: Property Law | Date: | Hits: 35

Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

....n stood at Tk. 18,37494/- on 30th April, 2003. The bank thereupon insti­tuted the instant suit for realization of the said amount by selling the mortgaged prop­erty covering an area of .35 acres of land of C.S. Khatian No. 20, S.A. Khatian No. 16, C.S. and S.A.  Plot No.14 of No. 193, Khanpur Mou......vocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 Civil Petition for Leave to Appeal No. 1447 of 2009. (From the judgment and order dated 16.4.2009 passed by the High Court Division in Civil Revision No.1895 of 2006) Judgment SK Sinha...... of 2006 making the rule absolute reversing those dated 24th May, 2006 of the District Judge, Narayangonj in Civil Revision No.37 of 2006, who by judgment and order dated 23rd January, 2006 reversed that of the Artha Rin Adalat, Narayangonj in Miscellaneous Case No. 23 of 2005. 2. The Rupali .........................Petitioners Vs. Md. Selim Hossain and others.............Respondents Judgment February 3, 2010. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioners. ..

Category: Property Law | Date: | Hits: 28

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

.... and as such the same is ineffective and not binding upon the plaintiffs and also for partition of the prop­erty as given in ka, kha, and Ga schedule of the plaint stating, inter alia, that the suit land, as given in schedule ka, kha, and Ga of the plaint, originally belonged to Bilat Ali Mondal, t......: VII ADC (2010) 288. ............Petitioners Vs. Md. Munsur Ali and others ........................Respondents. Judgment December 14, 2009. Lawyers Involved: Dr. M. Zahir, Senior Advocate Instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Abul Kashem, Advocate-on-Record-For Respondent Nos......eir Most Tara Bibi and others..........Petitioners Vs. Md. Munsur Ali and others ........................Respondents. Judgment December 14, 2009. Lawyers Involved: Dr. M. Zahir, Senior Advocate Instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Abul Kashem, Advo..

Category: Property Law | Date: | Hits: 51

Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)

....etitioner as plaintiff instituted Title Suit No. 341 of 1982 in the court of the then learned Munsif, Shariatpur, impleading the respondents as defendants praying for declaration of title to the suit land and confirmation of possession there­in and if found out of possession, then recovery of Khas ...... in: VII ADC (2010) 285. ......nts praying for declaration of title to the suit land and confirmation of possession there­in and if found out of possession, then recovery of Khas possession in the suit land alleging, inter alia, that the suit land belonged to one Kurban Ali Matubbar and by successive devolution the suit land dev......hers....................Petitioners Vs. Majibar Matubbar and others.........Respondents Judgment August 23, 2009. Lawyers Involved: A. B. M. Nurul Islam, Senior Advocate, Mr. N. K. Saha, Senior Advocate instruct­ed by Md. Nawab Ali Advocate-on-Record-For th..

Category: Property Law | Date: | Hits: 26

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....(a) Bazlu Miah as petitioners filed a petition in the Court of Assistant Judge, Shahrasti, Chandpur under Section 96 of the State Acquisition and Tenancy Act for an order of pre-emption in respect of land conveyed through sale deed dated 20.01.1990 in favour of the petitioner Abdul Gafur which was n...... This Case is also Reported in: VII ADC (2010) 279. ......in Civil Petition for Leave to Appeal Nos. 602 of 2007 and 604 of 2007 by which leave petitions were dismissed by a single judgment. 2. The facts relevant for disposal of the review petitions are that the predecessor of respondent Nos. 1(a)-1(g) Md. Nuru Miah and  predecessor of respondent No. 2......uhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Gafur.....................Petitioner (In both the petitions) Vs. Pre-emptor No.1-Md. Nuru Miah being dead his heirs: Md. Muklesur Rahman and  others...........Respondents (..

Category: Property Law | Date: | Hits: 27

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....o affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declara­tion of title to the suit lands and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudu......Sinha J Most. Monowara Begum and others.............Petitioners Vs Malanch Bibi and others............................Respondents Judgment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Gover......e, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declara­tion of title to the suit lands and further declaration that the decree passed in Title Suit No.730 of 1962 to be void, fraudu­lent and not binding upon him......ment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Government of Bangladesh, represented by the Secretary Ministry of Works Vs. Chand Mia and others 44 DLR (AD) 98; Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi,..

Category: Property Law | Date: | Hits: 20