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Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......; Not Represented-the Respondent. Criminal Review Petition No. 28 of 2008. (From the judgment and order dated 10.06.2008 passed by the Appellate Division in Criminal Appeal No.34 of 2006.) Judgment &n......- This petition seeks to review the judgment and order dated 10.06.2008 passed by this Division in Criminal Appeal No.34 of 2006 dismissing the appeal. 2. The prosecution case, in short, is that the accused petitioner was a Chairman of Cox's Bazar Pourashava and in such capacity he receive...........Petitioner Vs. The State...................................Respondent Judgment December 4, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. ..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ituted the Title Suit No. 253 of 1998 in the 6th Court of Assistant Judge, Dhaka impleading the defendants praying for a decree for declaration of title and recovery of khas possession in the suit land alleging his prior possession and subsequent dispossession by the contesting defendants. ......e instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.1534 of 2008. (From the judgment and order dated the 5th day of June, 2008 passed by the High Court Division in Civil Revision No.1716 of 2006). Judgment &......s Involved: Mahbubey Alam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. A. B. M. Nurul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.1534 of 2008.......;…………………………….......Respondent Judgment January 18, 2009. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. A. ..Category: Property Law | Date: | Hits: 33
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....of 1985 decreeing the suit. 2. The facts of the case, in short, are that the plaintiffs filed Title Suit No. 97 of 1985 in the Court of Assistant Judge, Mulladi, Barisal for partition of the land as described in the schedule-'Ka' to the plaint alleging, inter alia, that the suit land apper............ Defendant-petitioners Vs. Nur Box Howlader and others…....................Plaintiff-respondents Judgment August 5, 2008. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Recor...... No. 93 of 1998 setting aside those dated 26.02.1998 passed by the Assistant Judge, Muladi, Barisal in Title Suit No. 97 of 1985 decreeing the suit. 2. The facts of the case, in short, are that the plaintiffs filed Title Suit No. 97 of 1985 in the Court of Assistant Judge, Mulladi, Barisa...... Vs. Nur Box Howlader and others…....................Plaintiff-respondents Judgment August 5, 2008. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not r..Category: Property Law | Date: | Hits: 24
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
....ing those dated 27.12.1988 passed by the Assistant Judge, Chitalamari in Title Suit No.11 of 1987 decreeing the suit for partition. 2. The facts of the case, in short, are that suit schedule lands belonged to original owner Mritunjoy who died leaving behind seven sons namely, Debicharan, B......n-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.610 of 2007 (From the judgment and order dated the 14th day of January, 2007 passed by the High Court Division in Civil Revision No.103 of 1994). Judgment &n......h Court Division in Civil Revision No.103 of 1994 making the Rule absolute setting aside the judgment and decree dated 06.02.1993 passed by the Subordinate Judge (Joint District Judge), Bagerhat in Title Appeal No.14 of 1989 reversing those dated 27.12.1988 passed by the Assistant Jud......;…………Respondents Judgment July 28, 2008. Lawyers Involved: Mihir Kanti Majumder, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to A..Category: Property Law | Date: | Hits: 27
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....o.58 of 1985 in the Court of the Senior Assistant Judge, Godagari, Rajshahi for pre-emption under section 96 of the State Acquisition and Tenancy Act on the allegations, inter alia, that the suit land belonged to S.A. recorded tenant Noor Mohammad and Faizuddin Mondal. Faizuddin Mondal died lea......J Md. Abdul Matin J Md. Azizur Rahman…………………………………Petitioner Vs. Alatun Bewa alias Jahanara Bewa and others.............Respondents Judgment July 30, 2008. L......odagari Court, Rajshahi in Miscellaneous Case (pre-emption) No.58 of 1985 dismissing the miscellaneous case for pre-emption. 2. The short fact leading to the filing of the leave petition is that the respondent No. 1 as pre-emptor filed Miscellaneous Case No.58 of 1985 in the Court of the S......oner Vs. Alatun Bewa alias Jahanara Bewa and others.............Respondents Judgment July 30, 2008. Lawyers involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Md. Abu Siddique, Advocate-on-Record-For Respondent No. 1 No..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... of 1993 impleading the principal respondent Nos.1-10 and others as defendants for declaration of title, confirmation of possession and also for permanent injunction in respect of 2nd schedule land within the 1st schedule property of the plaint asserting, inter alia, that the suit schedule l......cate-on-Record-For Respondent Nos.1-10. Nor represented- Respondent Nos.11-33. Civil Petition for Leave to Appeal No. 467 of 2008. (From the judgment and order dated 05.12.2007 passed by the High Court Division in Civil Revision No. 4099 of 1997) Judgment &...... Lawyers Involved: M. A. Jabbar, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Amirul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-10. Nor represented- Respondent Nos.11-33. ......lip;.Petitioner Vs. Mariom Bibi and others…..................................Respondents Judgment March 12, 2009. Lawyers Involved: M. A. Jabbar, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Amirul..Category: Property Law | Date: | Hits: 25
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....r of respondent No.1-4 as plaintiffs instituted Title suit no. 45 of 1996 in the Court of Assistant Judge, hathazari, Chittagong for confirmation of possession and partition in respect of the suit land for 6 gondas, 2 karas, 1 kranti and share in 12 decimals of land out of 73 decimals appertaini...... Advocate-on-Record-For Respondent No.1-4. Not represented-Respondent No. 5-26. Civil Petition for Leave to Appeal No. 382 of 2008. (From the judgment and order dated10.12.2007 passed by the high Court Division in Civil Revision No.42 of 2004.) Judgment &nb...... the judgment and order dated 29.09.1998 passed by the Assistant Judge, Hathazari, Chittagong in Title Suit No.45 of 1996 granting an order of mandatory injunction. 2. Facts, in brief, are that one Abdur Rahman, father of respondent No.1-4 as plaintiffs instituted Title suit no. 45 of 199......……...Petitioner Vs. Abul Kalam others…................Respondent Judgment March 17, 2009. Lawyers Involved: Md. Abdus Salam Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Moqbul Ahm..Category: Property Law | Date: | Hits: 22
Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)
....he plot in suit the then Government acquired east portion of the plot in suit for which their share in the plot in suit reduced proportionately but Romela remained in possession of 0.2350 acres of land of the plot in suit and then Romela died leaving behind 2 sons Abdur Razzak and Abdur Rahman a......or Respondent No. 1-2. None represented-For Respondent No.3-16. Civil Petition for Leave to Appeal No.1286 of 2007. (From the judgment an order dated the 17th day of May, 2007 passed by the High Court Division in Civil Revision No.4822 of 1999). Judgment ...... 02.11.1999 passed by the Subordinate Judge, Arbitration Court, Dhaka in Title Suit No.66 of 1997 accepting the report of the Advocate Commissioner. 2. The facts of the case, in short, are that Sobhan Matbar and Nazari Bibi were the owners of the plot in suit; on the death of Sobhan Matba......p;..Petitioners Vs. Sheikh Abdullah and others……..................Respondents Judgment December 3, 2008. Lawyers Involved: Faruque Ahmed, Senior Advocate instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Petitioners. Md. A..Category: Property Law | Date: | Hits: 30
Syedur Rahman Chowdhury Vs. Monowara Begum and others, 2008, 37 CLC (AD)
....t filed Miscellaneous Case No.57 of 1981 under Section 96 of the State Acquisition and Tenancy Act, 1950 in the Court of Subordinate Judge, Patiya, Chittagong, praying for pre-emption of the case land. Subsequently, the said case was transferred to the Court of Munsif, Anowara, Chittagong ...... for leave to Appeal No. 83 of 2008. (From the judgment and order dated the 14th day of March, 2007 passed by the Appellate Division in Civil Appeal No.160 of 2002). ...... reversing the judgment and order dated 28.07.1999 passed by the High Court Division in Civil Revision No. 2108 of 1992 making the Rule Absolute. 2. The case of the appellants, in brief is that the predecessors of the appellant filed Miscellaneous Case No.57 of 1981 under Section 96 of th.......Petitioners Vs. Monowara Begum and others……..........................Respondents Judgment August 19, 2008. Lawyers Involved: N. K. Shaha, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. ..Category: Property Law | Date: | Hits: 26
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....holder and the said application was rejected and the petitioner filed F.M.A. No. 82 of 2002 and the same was rejected also. Thereafter, the execution case was carried out with respect to land covered by schedule 2(Ka)-2(cha) and the execution case was disposed of on full satisfaction b......bsp; Civil Petition for Leave to Appeal No. 448 of 2007. (From the judgment and order dated 28th August, 2006 passed by the High Court Division in Civil Revision No.4178 of 2005) Judgment &n......absolute. 2. Short facts as placed before the High Court Division are that the opposite party challenged the impugned judgment and order dated 28.9.2005 passed by the lea...... MA Kabir Chowdhury and others………………...Respondents Judgment January 27, 2009. Lawyers Involved: A. K. M. Nazrul Islam, Senior Advocate, instructed by A. S. M. Khalequzzaman, Advocate-on-record-For the Petitioner. &nbs..Category: Property Law | Date: | Hits: 25
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
....by the learned lawyer of the plaintiff and filed an application for mandatory injunction on 10.9.1997 on the false allegation that the plaintiff forcibly took over the possession in the "Ka" schedule land. 6. The application filed by the plaintiff for withdrawal of the suit was fixed for hearing ......wab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1385 of 2007. (From the judgment and order dated 11th February, 2007 passed by the High Court Division in Civil Revision No.1724 of 1998). Judgment MM Ruhul Amin C......gment and order dated 11th February, 2007 passed by the High Court Division in Civil Revision No.1724 of 1998 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mer......Janata Bank and another...............................Respondent Judgment December 18, 2008. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....he loans so taken and so the petitioner is not a necessary party in the above suit and further in the above suit it is not an issue as to in favour of which bank the respondent No. 3 mortgaged the land in question as security and if mortgaged when and the main issue in the above suit is whether ...... Adalat, Barisal and others….......Respondents Judgment January 25, 2009. Lawyers Involved: Md. Abdun Nur, Advocate-on-Record-For the Petitioner. Harun-or-Rashid, Advocate, instructed by Haridas Pal, Advocate-on-Record-For the Respondent. Civil Peti......d 27.08.2007 of the High Court Division passed in Writ Petition No.7370 of 2007 rejecting the writ petition summarily. 2. The petitioner filed the above writ petition on the averments that they filed Artha Rin Suit No. 03 of 2006 in the Court of Judge, Artha Rin Adalat, Barisal prayi......ioner Vs. Judge, Artha Rin Adalat, Barisal and others….......Respondents Judgment January 25, 2009. Lawyers Involved: Md. Abdun Nur, Advocate-on-Record-For the Petitioner. Harun-or-Rashid, Advocate, instructed by Haridas Pal, Advocate-on-Rec..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
....e Suit No.16 of 1984 dismissing the suit. 2. Facts, in brief, are that the predecessor of the petitioners, as plaintiff, instituted the above suit seeking declaration that the suit land measuring 33 decimal appertaining to plot No.122 of C. S. Khatian No.27, Mouza Kalaia was acqu......e Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.1010 of 2007. (From the judgment and order dated 15.05.2007 passed by the High Court Division in Civil Revision No.2825 of 2002). Judgment &......Title Appeal No. 86 of 2000 affirming those of dated 23.11.1998 of the learned Assistant Judge, Bauphal, Patuakhali in Title Suit No.16 of 1984 dismissing the suit. 2. Facts, in brief, are that the predecessor of the petitioners, as plaintiff, instituted the above suit seeking d...... Wazed Miah and another………………….Respondents Judgment August 27, 2008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. ..Category: Property Law | Date: | Hits: 22
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
.... of 2004 rejecting an application of respondent Nos.1-11 filed under Order I rule 10(2) of the Code of Civil Procedure for addition of party. 2. The facts of the case, in short, are that the land measuring 30 decimals in the C.S. Plot No. 883 of C.S. Khatian No. 211 under mouza Jatr......Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1518 of 2007. (From the judgment and order dated the 7th day of August, 2007 passed by the High Court Division in Civil Revision No.1275 of 2007). Judgment &...... No.221 of 2004 rejecting an application of respondent Nos.1-11 filed under Order I rule 10(2) of the Code of Civil Procedure for addition of party. 2. The facts of the case, in short, are that the land measuring 30 decimals in the C.S. Plot No. 883 of C.S. Khatian No. 211 under mou....... ..Category: Property Law | Date: | Hits: 25
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......r. Mrs. Khalida Zahan, Advocate-on-Record-For the Respondent. Civil Review Petition for Leave to Appeal Nos. 18-25 of 2005. (From the judgment and order dated the 7th day of August, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal Nos.780-787 of 2004). Judg......signment of taxi-cab. The said writ petitions were heard analogously and disposed of together by the impugned judgment. 2. The case of the petitioner relevant for disposal of these petitions are that the Government of Bangladesh considering the public suffering in road transport system in the c...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Commissioner of Customs, Customs House, Benapole, Jessore...........Petitioner Vs. Cab Express (BD) Limited and others…...........................Category: Fiscal/Taxation Law | Date: | Hits: 72
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
....learned Subordinate Judge (now Joint District Judge), 1st Court, Dhaka in Title Suit No.279 of 1970 is collusive, fraudulent, ineffective and the same is not binding upon the plaintiff and the suit land has not been acquired in L.A. Case Nos. 62/1964-65 and 14/1965-66 by the defendant No.4. The ...... Respondent Nos.1-6. Not represented- the Respondent Nos. 7-8. Civil Petition for Leave to Appeal No. 548 of 2008. (From the judgment and order dated 20th November, 2007 passed by the High Court Division in First Appeal No.86 of 1994) Judgment &......dgment and order dated 20th November, 2007 passed by the High Court Division in First Appeal No.86 of 1994 dismissing the appeal. 2. Short facts as placed before the High Court Division are that plaintiff instituted Title Suit No.94 of 1993 in the Court of Subordinate Judge (now Joint Dist......is heirs: Most. Sajeda Begum and others....Respondents Judgment April 8, 2009. Lawyers Involved: Shaheed Alam, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. T. H. Khan, Senior Advocate, (Abdul Wadud Bhuiyan, Senior Advocate wit..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....se No. 22 of 1993 was filed by the respondents herein against award made by the Deputy Commissioner in L.A. Case No.98 of 1985-86 which was initiated for requisition and acquisition of 60 decimals of land out of 86 decimals of land owned and possessed by the respondents herein in connection with ext...... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......Officer, Pabna and Others……………Appellants Vs. Al-haj Md. Abdul Latif Biswas and another……………..Respondents Judgment May 7, 2007. Cases Referred To- Sayeda Mazada Khatun Vs. Bangladesh Shilpa Rin Sangstha 55 DLR (AD) 82 (85); Aminul Islam and others Vs. M/s. James......o. Ltd. 26 DLR (SC) 33; Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others Vs. M/s. M F Limited 44 DLR (AD) 166. Lawyers Involved: M.A. Azam Khair, Deputy Attorney General, instructed by Sajjadul Huq, Advocate-on-record- For the Appellants. M.A. Wadud Bhu..Category: Alternative Dispute Resolution | Date: | Hits: 249
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....of the Court of Munsif (now Court of Assistant Judge), Joypurhat in Other Class Suit No.16 of 1986 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. 3. The plaintiffs claimed the land ...... as to costs. Ed. This Case is also Reported in: ......ision in Civil Revision No.1484 of 1991 making the Rule absolute obtained against the judgment and decree dated February 10, 1999 of the Court of Subordinate Judge (now Joint District Judge), Joypurhat in Other Class Appeal No.22 of 1988 allowing the same and thereupon decreeing the suit upon re......n being dead in heirs: Sree Ramchandra Kumar Barman and others...............Respondents Judgment August 29, 2007. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Appellants. Ex-parte-the Respondents. Civil Appeal No.16 of 2000. (From t..Category: Property Law | Date: | Hits: 28
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....d 31.10.92 of the learned Subordinate Judge (now Joint District Judge), Jhalakati passed in Title Suit No.49 of 1990 declaring that the plaintiffs have no right title and interest in the suit land. 2. Facts, in brief, are that the petitioners, as plaintiffs, filed the above suit for ......hman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1026 of 2007. (From the judgment and order dated 22.3.2007 passed by the High Court Division in Civil Revision No.5361 of 1998). Judgment &......al No.10 of 93 dismissing the appeal filed against those of dated 31.10.92 of the learned Subordinate Judge (now Joint District Judge), Jhalakati passed in Title Suit No.49 of 1990 declaring that the plaintiffs have no right title and interest in the suit land. 2. Facts, in brief, a......………………………......Respondents Judgment October 13, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to..Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....ore the High Court Division are that the plaintiff instituted Other Class Suit No.121 of 1974 in the Court of Subordinate Judge (now Joint District Judge), Pabna stating, inter alia, that the suit land appertaining to C.S. Khatian No.133/2 of Mouza Bhatpara under police station Sujanagar, Distri......p; Not represented- the Respondent. Civil Petition for Leave to Appeal No.1789 of 2007. (From the judgment and order dated 15th I May, 2006 passed by the High Court Division in Civil Revision No.1241 of 1990) Judgment &n......bsp; 2. Short facts as placed before the High Court Division are that the plaintiff instituted Other Class Suit No.121 of 1974 in the Court of Subordinate Judge (now......nt Custodian, Enemy Property, Pabna and others………........Respondents Judgment February 2, 2009. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. N..Category: Property Law | Date: | Hits: 24
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