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Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)

....der Section 24 of the Non-Agricultural and Tenancy Act depositing 10% of the kabala money as compensation money against the pre-emptee-petitioner and others on 30-10-1988 for preemption of the case land measuring 3½ decimals in case Plot No 193 as described in the schedule of the preemptio......is Case is also Reported in: VI ADC (2009) 784. ...... the learned Senior Assistant Judge, Sadar, Jhenidah in Miscellaneous Case No. 149 of 1988 allowing the application for delivery of possession. 2. The facts of the case, in short, are that the opposite-party No.1 as preemptor filed Miscellaneous Case No.149 of 1988 under Section 24 o......p; January 21, 2008. Lawyers Involved: Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to..

Category: Property Law | Date: | Hits: 27

Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)

....ved TK.2000.00 as bainapatra on that day out of the consideration amount in presence of Magrab Ali who was an intimate friend of the plaintiff and also negotiated and settled the price of the suit land and the plaintiff in good faith did not demand the receipt of the payment. Defendant No.1, Fal......ported in: VI ADC (2009) 775. ......Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Suman Mia being dead his heirs; Zabeda Khatoon and others…...Plaintiff-Petitioners Vs. Falani Begum and others…&......Respondents. Judgment January 8, 2008. Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not..

Category: Property Law | Date: | Hits: 38

Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)

....cy Act 1950 on the averments that pre-emptee respondents Nos. 6 and 7 by judgment and decree dated 19.04.1995 passed in Title Suit No.134 of 1990 became owners and possessors of 4.97 acres of land and they by kabala dated 31.12.95 sold .47 decimals of land to the respondent Nos.1 and 8 and ......l Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdur Rashid and others……………….......Petitioners Vs. ......n for leave to appeal arises out of the judgment and order dated 5.11.2007 of the High Court Division passed in Civil Revision No.3516 of 2002 discharging the Rule. 2. Facts, in brief, are that the petitioners and others filed Miscellaneous Case No.5 of 1996 in the Court of Assistant Jud......nd others.....Respondents Judgment February 4, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. ..

Category: Property Law | Date: | Hits: 23

Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)

....of the learned Subordinate Judge, 2nd Court, Khulna praying for a decree declaring that father of the defendant Nos.1 and 2 was the benamder of the plaintiff petitioner in respect of the suit land with further declaration of his right, title and interest in the suit land alleging as follows......;........Respondents Judgment January 22, 2008. Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. ......affirming the judgment and decree dated 06.06.1989 passed by the learned Subordinate Judge, Second Court, Khulna in Title Suit No.67 of 1982 dismissing the suit. 2. The facts, in short, are that the plaintiff petitioner filed Title suit No. 67 of 1982 in the Court of the learned Subordina......t January 22, 2008. Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to ..

Category: Property Law | Date: | Hits: 32

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

.... 2. The respondents, as plaintiffs, instituted the above Title Suit No.72 of 1993 for a decree of permanent injunction by way of restraining the petitioner from interfering with their in the suit land on the averments that the suit land, comprising an area .58 decimals of land, belonged to reco......bsp; Not represented- the Respondents. Civil Petition for Leave to Appeal No. 486 of 2006 (From the judgment and order dated 9.2.2006 & 12.2.2006 passed by the High Court Division in Civil Revision No. 3714 of 2000). Judgment &n......s plaintiffs, instituted the above Title Suit No.72 of 1993 for a decree of permanent injunction by way of restraining the petitioner from interfering with their in the suit land on the averments that the suit land, comprising an area .58 decimals of land, belonged to recorded owner Karim Munshi......etitioner Vs. Md. Tatan Mia and others........Respondents Judgment January 9, 2008. Lawyers Involved: Chowdhury Md. Zahangir, Advocate on-Record-For the Petitioner. ..

Category: Property Law | Date: | Hits: 26

Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)

....with Achimunnessa. It appears from the circumstances that the defendants could not prove that they are not the heirs and successive heirs of Achimunnessa so as to inherit the interest of the suit land property on her death. The defendants are in fact and in law inherited the land of suit prop�......lso Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......2nd Additional Court, Barisal in Title Suit No.39 of 1991 drawing a preliminary decree for separate saham for 2.05 acres reducing the same from 3.81 acres. 2. The facts of the case, in short, are that the plaintiff filed Title Suit No. 39 of 1991 in the 1st Court of Assistant Judge, Barisal claim......others..... .Appellants Vs. Ayub Ali Khan and others.....Respondents Judgment April 6, 2008. Lawyers Involved: S.M. Munir, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Mihirkanti Majumder, Advocate instructed by A K M Shahidul Huq, Advocat..

Category: Property Law | Date: | Hits: 31

State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)

....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instruct......a fine of Tk.1000/- on both counts, in default, to suffer rigorous imprisonment for a period of one month and both the sentences were to be run concurrently. 2. The prosecution case, in brief, is that informant, Abdur Rouf, Assistant Commissioner (Land) Mirzapur, Tangail on surprise visits on dif......……....... Respondent Judgment January 19, 2004. Result: The appeal is dismissed. The Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanctio..

Category: Criminal Law | Date: | Hits: 63

S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)

....tion of the defendants and/or persons claiming through them and also for permanent injunction restraining the defendants from making any construction and/or changing the nature and character of the land as described in schedule ‘B’ of the plaint and on 19.6.2002 the plaintiff filed an......te, instructed by Mr. Ahsanullah Patwary, Advocate-on-Record-For the Respondent. Civil Review Petition No. 82 of 2004. (From the judgment and order dated 12th May, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1599 of 2003). ......; of the plaint and on 19.6.2002 the plaintiff filed an application under Order VI Rule 17 of the Code of Civil Procedure in the above suit praying for amendment of the plaint stating, inter alia, that due to over sight at the time of filing of the suit the learned lawyer of the plaintiff made so......…………………... Respondent. Judgment March 28, 2004. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record- For the Petitioners. ..

Category: Property Law | Date: | Hits: 24

Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)

....judgment. 2. The respondent No.1 filed Other Suit No.44 of 2005 in the Court of Senior Assistant Judge, Sadar, Thakergaon, for specific performance of contract on the averments that the suit land measuring 10 decimals along with a pucca building standing thereon belonged to the petitioner......K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 154 of 2009. (From the judgment and order dated 2.11.2008 passed by the High Court Division in Civil Revision No. 3989 of 2007). Judgment ...... the date of judgment. 2. The respondent No.1 filed Other Suit No.44 of 2005 in the Court of Senior Assistant Judge, Sadar, Thakergaon, for specific performance of contract on the averments that the suit land measuring 10 decimals along with a pucca building standing thereon belonged to t......Md. Nazrul Islam and others ........ Petitioners. Vs. Md. Abdur Rouf....... Respondent. Judgment March 9, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Resp..

Category: Property Law | Date: | Hits: 28

Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)

.... upon setting aside those dated 25.4.1977 of the learned Munsif now Assistant Judge, Jhenidah passed in Title Suit No. 130 of 1972 decreeing the suit on the finding that the settlement of the suit land in favour of Nurjahan Begum by patta dated 11.1.1952 is not hit by section 107 of the Transfer......being dead his heirs Sayeda Begum and others .... Respondents. Judgment February 5, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mr. Bivash Chandra Biswas, Advocate-on-Record- For the petitioner. Not represented- the Respondents.......134 of 1977 allowing the appeal upon setting aside those dated 25.4.1977 of the learned Munsif now Assistant Judge, Jhenidah passed in Title Suit No. 130 of 1972 decreeing the suit on the finding that the settlement of the suit land in favour of Nurjahan Begum by patta dated 11.1.1952 is not hit...... Vs. Md. Abdur Rahman being dead his heirs Sayeda Begum and others .... Respondents. Judgment February 5, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mr. Bivash Chandra Biswas, Advocate-on-Record- For the petitioner. ..

Category: Property Law | Date: | Hits: 35

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

.... place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. In this sense the rule of law is contrasted with every system of government based on the e......as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......ony of this witness was not challenged by the defence in any manner. ......ved as follows: “It is true that witnesses can not be called upon to explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue delay so as to afford enough scope for manipulating evidenc..

Category: Criminal Law | Date: | Hits: 228

Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

....Suit Nos.157, 158 and 230 of 1984 (previously numbered 173, 174 and 175 of 1973 respectively) dismissing the same. 2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and......zul Islam J Rowshan Ara Begum and others………….Appellants (In Civil Appeal No. 126 of 2001). Zohara Khatun and other…...................Appellants (In Civil Appeal No.127 of 2001) Ahasanuzzaman and others…................Appellants (In Civil Appeal No.128 of 2001) Vs. Sitak......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum and others………….Appellants (In Civil Appeal No. 126 of 2001). Zohara Khatun and other…...................Appellants (In Civil Appeal No.127 of 2001) Ahasanuzzaman an...... Appeal No.128 of 2001) Vs. Sitakundu Chandra Nath Chatuspaty Tole and others….......Respondents (In all the appeals) Judgment April 9, 2006. Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-record-For the Appellants (In all the ap..

Category: Tenancy Law | Date: | Hits: 176

Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)

.... with modification. 2. Short facts are that the plaintiffs instituted Partition Suit No. 107 of 1992 in the Court of Assistant Judge, Saturia, Manikganj contending, inter alia, that the suit land measuring 1.88 acres of C.S. Khatian No.395 belonged to one Shumai Mallik who died leaving wi...... Not represented- the Respondents. Civil Petition for Leave to Appeal No.1400 of 2002. (From the judgment and order dated 15.06.2002 passed by the High Court Division in Civil Revision No.2862 of 1995.) Judgment &n......nst the judgment and order dated 15.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.2862 of 1995 disposing of the Rule with modification. 2. Short facts are that the plaintiffs instituted Partition Suit No. 107 of 1992 in the Court of Assistant Judge, Satu......and others..............................Respondents Judgment February 25, 2004. Lawyers Involved: Shahidul Islam, Advocate instructed by ASM Khalequzzaman, Advocate-on-Record- for the Petitioner. Not represented- the Respondents. &nbs..

Category: Property Law | Date: | Hits: 22

Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)

.... Ali Yar Khan and Ali Sarwar were shown as Third Party and the property which was the subject matter of the above dispute was stated to be Holding No.58/1-A, Purana Paltan, comprising 2.369 kathas of land with a 5-storied building standing thereon and the boundaries of the same were on the north roa......Bhuiyan, Advocate-on-Record—For Respondent Nos.3 ক): (addition of party) Not represented —Respondent No.4. Criminal Appeal No. 22 of 2001. (From the judgment and order dated 13-7-2000 passed by the High Court Division in Criminal Miscellaneous Case No.6040 of 1999). Judgment ......ed under section 145 of the Code of Criminal Procedure, to hand over the possession of holding No.59/1 Purana Paltan, Dhaka to Mr Humayun Kabir, the added respondent No.4. 2. Facts, in brief, are that on the basis of the General Diary Entry No.1100 dated 12-11-97, a proceeding was drawn under sec......izullah (Md) and others.................Appellants Vs. State and others..............................Respondents Judgment January 14, 2009. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. Mohammad Ali ..

Category: Criminal Law | Date: | Hits: 62

Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)

....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......ent: Sheikh Rezowan Ali J Md. Rais Uddin J Monirul Islam……………………. Petitioner Vs The State and another ….…………Opposite parties Judgment July 10, 2009. Cases Referred To- Dr. S. Ashraf Ali Vs Md. Ahsan Habib and another reported in 56 DLR 169 Queen V......of the Penal Code, pending in the court of Upazila Magistrate, (now Judicial Magistrate), Moyeshkhali, Cox's Bazar should not be quashed. 2. Events leading to issuance of this Rule, in short, are that the opposite party No.2 as complainant filed C.R. Case No. 54 of 2004 before the court of Upazil......�……………. Petitioner Vs The State and another ….…………Opposite parties Judgment July 10, 2009. Cases Referred To- Dr. S. Ashraf Ali Vs Md. Ahsan Habib and another reported in 56 DLR 169 Queen Vs Okhoy Coomar Shaw 13 BLR 307 (FB). Bhuaban Mohan Das Vs Surendra Mohan ..

Category: Criminal Law | Date: | Hits: 93

Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)

....arned Assistant Judge, Narail stating, inter-alia, that the pre-emptor is a co-sharer to the case jote by inheritance as well as by purchase while the pre-emptee is a stranger, who purchased the case land from his father by a registered kabala dated 14.12.1995 at the consideration of Tk. 12,000/-. I......n ………......Pre-emptee-appellant-petitioner Vs Matiar Rahman Bhuiyan and others……………...Opposite parties Judgment July 31, 2008. Result: The Rule is made absolute. Cases Referred to- 35 DLR (AD) 54, 60 DLR 270 & 35 DLR 238. Lawyers Involved: Md. Golam ......d 17.10.201 passed by the Assistant Judge, Kalia, Narail in Miscellaneous Case No.65 of 1997 allowing the application for pre-emption. 2. The material facts relevant for disposal of this Rule are that the Opposite Party No.1 as pre-emptor instituted pre-emption case No.65 of 1997 under section 96...... Result: The Rule is made absolute. Cases Referred to- 35 DLR (AD) 54, 60 DLR 270 & 35 DLR 238. Lawyers Involved: Md. Golam Mostafa with A.K.M. Rezaul Karim Khandaker, Advocates-For the Pre-emptee-Petitioner. Humayun Kabir Sikder, Advocate-Opposite party No.1. Civil..

Category: Property Law | Date: | Hits: 37

Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)

....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......r Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......petition against the petitioners appointment should not be declared to have been made without any lawful authority and is of no legal effect. 2. It is the case of the petitioners’ are that the Ministry of Establishment vide Memo No. ME (Admin-3) recruitment 1/2004-1055 dated 12.07.20......ladesh Secretariat, Dhaka 1000 and others......... Respondents. Judgment November 08, 2009. Cases Referred to- Abdur Rahim and others Vs. Bangladesh, 48 DLR 538; Director General NSI Vs. Md. Sultan Ahmed, 1996 BLD (AD) 76. Lawyers Involved: Abdur Rab Ch..

Category: Constitutional Law | Date: | Hits: 132

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

....i, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {1976} QB 752; ch 13 B; Commercial Cable Company V. Government of New-foundland, (1916) 2 AC 610, Reyder V. Foley (1906) 4 CLR 422, British Coal Corporation Vs. The King (1935......in J Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008) Justice Syed Md. Dastagir Hossain and others............Petitioners (In Civil Petition Nos. 2046 & 2056 of 2008) ...... details in the main judgment. So I do not like to re-state those. 3. In these cases non-appointments of some judges of the High Court Division are challenged and called in question on the ground that they have not been appointed under Article 95 of the Constitution inspite of consultation with t......, P.L.D. 1996 Vol-1 page 324; Anwar Hussain Chowdhury and others Vs. Bangladesh, 41 DLR (AD) 165; Secretary, Ministry of Finance Vs. Masder Hussain and others 20 BLD (A.D.) 104; Bangladesh Vs. Professor Golam Azam 46DLR (AD) 199, Kazi Muklesur Rahman Vs. Bangladesh 26DLR (SC) 44; Dr. Mohiuddin Faroo..

Category: Constitutional Law | Date: | Hits: 251

Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)

....; Suit No.163 of 1998 in the 3rd Additional Assistant Judge, Noakhali impleading the defendants praying for a decree for permanent injunction restraining the defendants from entering into the suit land by force alleging, inter alia, that the plaintiff purchased the suit land from one Monoza Khat......rd- For the Petitioner. Not represented- the Respondents. Civil Petition For Leave To Appeal No.435 Of 2007. (From the judgment and order dated the 12th day of February, 2007 passed by the High Court Division in Civil Revision No.678 of 2002). Judgment Mohamm......tle Appeal No.122 of 2000 setting aside those dated 25.05.2002 passed by the 3rd Additional Assistant Judge-in-charge in Title Suit No.163 of 1998. 2. The facts of the case, in short, are that the plaintiff instituted Title Suit No.163 of 1998 in the 3rd Additional Assistant Judge,......llip;…….Petitioner Vs. Nazir Ahmed and others.......Respondents Judgment January 18, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition For Leave ..

Category: Property Law | Date: | Hits: 29

Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)

....hose dated 04.07.2000 passed by the Senior Assistant Judge in Other Class Suit No.310 of 1987 decreeing the suit. 2. The facts of the case, in short, are that the original owner of the suit land was Mofizul Hoque that the plaintiff exchanged his land with 0.05 acres of R.S. Plot No.182 b......Record- For the Petitioner. Not represented- the Respondents. Civil Petition For Leave To Appeal No.776 Of 2007 (From the judgment and order dated the 16th day of March, 2006 passed by the High Court Division in Civil Revision No.2658 of 2003). Judgment ......le Appeal No.78 of 2000 reversing those dated 04.07.2000 passed by the Senior Assistant Judge in Other Class Suit No.310 of 1987 decreeing the suit. 2. The facts of the case, in short, are that the original owner of the suit land was Mofizul Hoque that the plaintiff exchanged his land wit......titioner Vs. Md. Mofizul Haque (Jalal) and others……..Respondents Judgement January 7, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition For Leave ..

Category: Property Law | Date: | Hits: 27

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