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Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....properties. But the Circle Officer (Revenue) Nachole, the proforma defendant No.3, held that the properties of the plaintiff and also his father, the proforma defendant No.2, are actually the land of the father of the plaintiff and that the plaintiffs and his father live in the same mess an......e-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 248 of 2007. (From the judgment and order dated 6th and 7th August 2006 passed by the High Court Division in F.A. No. 149 of 1989). Judgment ...... and decree dated 31.8.1988 of the learned Subordinate Judge (now Joint District Judge), Nawabganj passed in Other Class Suit No.69 of 1982 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, instituted the above suit on the averments that he is the ri...... Enamul Huque and others.........................Respondents Judgment August 26, 2008. Lawyers Involved: Sayeeda Afsar Jahan, instructed by B. Hossain, Deputy Attorney General, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. ..Category: Property Law | Date: | Hits: 26
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....eafter, he was promoted to the post of Superintendent and was serving in that capacity to the satisfaction of the concerned authority. The appellant had to go home on account of resolving his land disputes and accordingly he filed an application for leave from 3.4.1993 to 28.4.1993 and...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J General Manager, Postal Insurance, Eastern Region, Dhaka and another……….Appellants Vs. A.B.M. Abu Ta......en by leave from the judgment and order dated 30.4.2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 61 of 1998 allowing the appeal on contest. 2. The short fact is that the respondent instituted Administrative Tribunal Case No.47 of 1995 before the Administrative ...... Judgment March 17, 2009. Case Referred To- Mahbubur Rahman Sikder Vs. Mojibur Rahman Sikder, 37 DLR (AD) 145. Lawyers Involved: Enayatur Rahim, Additional Attorney General, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Appellants. ..Category: Administrative Law | Date: | Hits: 159
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
....993 of the learned Assistant Judge, Additional Court, Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the petitioners by 2(two) deeds dated 03.02.1977 and 08.02.1977. The resp...... Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Murtuza Ali and another.....................Petitioner (In both cases) Vs. Renu Bibi alias Saifurnessa and others…….......Respondents (I......rming the judgment and order dated 08.03.1993 of the learned Assistant Judge, Additional Court, Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the petitioners by 2(two) deed...... Vs. Renu Bibi alias Saifurnessa and others…….......Respondents (In both cases) Judgment August 19, 2008. Lawyers Involved: A.K.M. Mesbah Uddin, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners (In both cases..Category: Property Law | Date: | Hits: 24
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....ion of plaint. 2. The respondent No.1, as plaintiff, instituted the above Title Suit No.79 of 1998 for specific performance of contract by way of re-conveying by the defendants the suit land in his favour on the averments that he was owner of the suit land by way of jote right and wh...... Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Petition for Leave to Appeal No. 275 of 2008. (From the judgment and order dated 24.9. 2007 passed by the High Court Division in Civil Revision No. 4160 of 1999). Judgment ......J Kohinoor Chowdhury………………………………………..Petitioner Vs. Sree Kamada Ranjan Bhattacharja and others….......Respondents Judgment November 23, 2008. L......ppellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Kohinoor Chowdhury…………………………&hellip..Category: Procedural Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....08.1997 for the construction for 20 storied residential building and thereupon cancelling the plan for the construction of the building. 2. The facts, in short, are that 25 decimals of land of C.S. Plot No.361 of mouza Bhola belonged to Mr. Abu Siddique and others, that land of C.S. ......ant. Dr. M. Zahir, Senior Advocate, instructed by Firoz Shah, Advocate-on-Record-For the Respondent. Civil Appeal No.138 of 2004. (From the judgment and order dated 23.01.2000 passed by the Appellate Division in Writ Petition No.1177 of 1999.) Judgment &nb......ch was given on 28.08.1997 for the construction for 20 storied residential building and thereupon cancelling the plan for the construction of the building. 2. The facts, in short, are that 25 decimals of land of C.S. Plot No.361 of mouza Bhola belonged to Mr. Abu Siddique and others,....... Joynul Abedin J Md. Abdul Matin J The Chairman, Rajdhani Unnayan Kartipakkha, RAJUK…............Appellant Vs. Time Tower Ltd. represented by its Managing Director….........Respondent Judgment December 4, 2008. Lawyers Involved: ..Category: Property Law | Date: | Hits: 28
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ict Judge Court No.1, Rangpur in Other Suit No. 30 of 1997 dismissing the suit. 2. The petitioner, as plaintiff filed the above Other Suit No.30 of 1997 for partition of an area of 4.70 acres of land out of the suit jote and also for declaration that the unregistered Heba Deed dated 19.6.1948 p......b Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-18. Civil Petition for Leave to Appeal No. 245 of 2007. (From the judgment and order dated 28.8.2006 passed by the High Court Division in Civil Revision No. 309 of 2004). Judgment Md. Tafazzul Is......f 1997 dismissing the suit. 2. The petitioner, as plaintiff filed the above Other Suit No.30 of 1997 for partition of an area of 4.70 acres of land out of the suit jote and also for declaration that the unregistered Heba Deed dated 19.6.1948 purported to have been executed by Delwar Sheikh is......itioner Vs. Nur Rahman and other ............................Respondents Judgment August 11, 2008. Result: The petition is dismissed. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Mahmudul Islam, ..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
.... 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and Ga to the p......;……………………..Petitioners Vs. Syed Fakruddin Ahmed and others...........Respondents Judgment January 8, 2008. Cases Referred To- Md. Nurullah Chowdhury vs. Golam Sollaiman Kazi DLR (HC) 70; Rahela Khatun...... Syed Fakruddin Ahmed and others...........Respondents Judgment January 8, 2008. Cases Referred To- Md. Nurullah Chowdhury vs. Golam Sollaiman Kazi DLR (HC) 70; Rahela Khatun and another vs. Fayezuddin Shah 38 DLR (AD) 6. Lawyers Involved: Bivash Chandra...... Md. Nurullah Chowdhury vs. Golam Sollaiman Kazi DLR (HC) 70; Rahela Khatun and another vs. Fayezuddin Shah 38 DLR (AD) 6. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Abdul Quayum, Senior Advocate, instructed by Syed Mahbubur Ra..Category: Property Law | Date: | Hits: 34
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....he court of the learned Assistant Judge Koyra against the respondent for declaration of title and confirmation of possession and permanent injunction on the allegation, inter alia, that the land measuring 162.58 acres of land appertaining to C.S. Khatian No. 294 belonged to Kalachand Gazi...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Ferastullah Sarder being dead his heirs: Altaf Sarder and others......Petitioners (In both the cases).......56 of 1991 by the learned Assistant Judge, Koyra decreeing the suit. 2. The facts, in short, are that Ferastullah predecessor of the petitioners as plaintiffs instituted a Title Suit No.56 of 1991 ......Vs. Md. Mobarak Ali Gazi and others…........Respondents (In both the cases) Judgment August 6, 2008. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners (In both the cases). Abdul Jabber, Advocate, instructed by Md. Nawab..Category: Property Law | Date: | Hits: 22
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......and others ............Appellants Vs. Pirpur Fishermen's Co-operative Society Limited........Respondent Judgment August18, 2008. Lawyers Involved: Nahida Yeasmin, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appel......lute declaring the impugned Memo No.CEN. CERT/94/153 dated 28.03.1994 issued by the Certificate Officer to have been issued without lawful authority. 2. The facts of the case, in short, are that respondent, a Fishermen's Co-operative Society, upon extension of previous lease was allowed th............Appellants Vs. Pirpur Fishermen's Co-operative Society Limited........Respondent Judgment August18, 2008. Lawyers Involved: Nahida Yeasmin, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants. Mah..Category: Civil Law | Date: | Hits: 101
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....95 arose on a First Information Report dated 11.11.1993 with local Alamdanga Police Station and the prosecution case, inter alia, was that the young brother of informant used to borga cultivate the land belonging to Saleha Khatoon and planted B.R.H. paddy. At 11.30 A.M. on 11.11.1993 accused Mono......as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......he State 54 DLR (AD) 146; Abul Khair Vs. The State 44 DLR (AD) 225; Santosh Mia Vs. The State 42 DLR 171. Lawyers Involved: Abdul Malek Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record - For the Appellants (in both the appeals) Abdur Razaque Khan, Ad......al Appeal No. 39 of 2003) Vs. The State......Respondents (In both the appeals) Judgment June 16, 2004. Cases Referred to: Sheikh Ahmed Vs. The State reported in 1979 Bangladesh Supreme Court Reports Volume III at page 417; Giasuddin and others vs. The..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....nd judgment of the High Court Division is dated 9 January 1986 in Crl. Appeal No. 5 of 1983. 2. Facts leading to appeal are the following: In connection with the reaping of paddy in a land of Informant Mir Asmat Ali (P.W.1), a shalish was held in his in his house in village Harogach......adrul Huq, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1990. (From the Judgment and Order dated 9-1-1986 passed by the High Court Division, Barisal Sessions, Barisal in Criminal Appeal No. 5 of 1983) ......In Course of the Shalish, used-respondent Nuru Mira and two other accused, namely Mokhtar and Suhrab suddenly became furious and rushed towards the informant's eldest son, Amjad Ali shouting that they would finish him. At this Amjad stalled running away in the direction of his other house a......llip;………....Appellant Vs. Nuru Mira.............Accused-Respondent Judgment May 16, 1993. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. A. K. Badrul ..Category: Criminal Law | Date: | Hits: 44
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
.... in Civil Revision No. 863 of 1994. 2. The appellant instituted Miscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6......ddin Chaklader Advocate-on-Record-For the Appellant. S. R. Kamakar, Advocate-on-Record-For Respondents. Civil Appeal No. 49 of 1998. (From the Judgment and Order dated 8.4.96 passed by the High Court Division in Civil Revision No. 863 of 1994.) Judgment AM Mahm......d in: II ADC (2005) 838. ...... ATM Afzal C J AM Mahmudur Rahman J Mustafa Kamal J Tambia Khatun………………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers Involv..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
....the same in any manner by putting any obstruction e.g., a gate at the entrance of the pathway. They claimed the suit pathway to be in existence for over a century over which the owners of adjacent lands had been enjoying the easement right uninterruptedly, continuously and peacefully, the s......atifur Rahman J Md. Ershad Ali @ Hajee Ershad Ali...............Appellant Vs. Hajee Ashid Ali and others….....Respondents Judgment May 2, 1994. Cases Referred to: Jamna Prashad vs. Gopinath, 19 I.C. 984; Lala Balbir Singh vs. Amar Singh,......es under the suit pathway and by order dated 20-9-90 the learned Subordinate Judge, Sylhet gave permission to the plaintiff-respondents to bring gas connection under the suit pathway on condition that they will repair at their own costs the damages caused to the pathway for taking the gas l...... Judgment May 2, 1994. Cases Referred to: Jamna Prashad vs. Gopinath, 19 I.C. 984; Lala Balbir Singh vs. Amar Singh, 39 I.C. 590=A.I.R. 1917 Allah, 380; Dadu vs. Emperior, 90 I.C. 149; Chintamani Hargovan vs. Ratanji Bhimbhai, 59 I.C. 426; Mohammad Abbas ..Category: Procedural Law | Date: | Hits: 64
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....al Mollah (substituted by his heirs and successors since his death) instituted the suit for a declaration that four kabalas are null and void and not binding upon him. He averred that the suit land originally belonged to him. Defendant No. 1 had been residing in his house as a Jaygir since ......ondent No. 1 (ii). Md. Aftab Hossain, Advocate-on-Record - For respondent Nos. 1 (i), 1(iii) to 1 (xiv). Civil Appeal No. 1 of 1996 (From the Judgment and Order dated 29-6-94 passed by the High Court Division, in Civil Revision No. 459 of 1992.) Judgment Mustaf......Court Division dated 29-6-94 in Civil Revision No. 459 of 1992, making the Rule absolute and thereby setting aside the judgment and decree dated 21-1-91 passed by the learned District Judge, Joypurhat in Other Class Appeal No. 1 of 1996 dismissing the appeal preferred from the judgment and decre...... Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs: Shahida Begum and ors...............Respondent Judgment April 21, 1998. Lawyers Involved: ..Category: Property Law | Date: | Hits: 34
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......spondents Judgment April 5, 2004. Lawyers Involved: Syed Abu Kowser Md. Debirush Shan, Deputy Attorney General, instructed by Mvi Md. Wahidullah, Advocate-on-Record – For the Appellant Abdul Malek, Senior Advocate, instructed by Aftab Hossain, Advocate-......g the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No. 120 of 1993 pending in the Court of 3rd Additional Sessions Judge, Dhaka. 2. Short facts are that on July 9,1992 at about 8/9 A.M the members and supporters of rival unions of employees of the ......ellip;.Appellant Vs. Md. Abdus Satter and others......Respondents Judgment April 5, 2004. Lawyers Involved: Syed Abu Kowser Md. Debirush Shan, Deputy Attorney General, instructed by Mvi Md. Wahidullah, Advocate-on-Record – For the Appellant ..Category: Criminal Law | Date: | Hits: 44
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....9 of the Penal Code. 2. The aforesaid C.R. Case was started upon a petition of complaint filed by respondent No. 2 alleging, inter alia, that in connection with the dispute relating to the land owned by him, he approached the appellant, being the headman of the village, for settlement an......t. Ed. This Case is also Reported in: II ADC (2005) 784. ......Class, Satkhira under sections 465, 468 and 419 of the Penal Code. 2. The aforesaid C.R. Case was started upon a petition of complaint filed by respondent No. 2 alleging, inter alia, that in connection with the dispute relating to the land owned by him, he approached the appellant, ...... The State and another.........Respondents Judgment July 27, 2002. Lawyers Involved: Md. Zahedul Bari, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Amir Hossain, Advocate-on-Record - For Respondent No. 1. Crim..Category: Criminal Law | Date: | Hits: 50
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....passed by the learned Munsif, Dagan Bhuiyan, District Feni in Title Suit No. 153 of 1984, decreeing the suit. 2. The plaintiff respondent filed the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian No. 5, plot No. 202 of Mouza 171 ....... ...... in Title Suit No. 153 of 1984, decreeing the suit. 2. The plaintiff respondent filed the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian No. 5, plot No. 202 of Mouza 171 Dagan Bhuiyan (Schedule-kha) and for recovery of possession......thers...........Appellants Vs. Shafukuddin Ahmed and others...............Respondents Judgment August 28, 1996. Lawyers Involved: Moksudur Rahman, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Khandk..Category: Property Law | Date: | Hits: 33
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....ahman under section 323 of the Penal Code. The defence case as could be gathered from the trend of cross examination was that of innocence and false implication due to family rivalry and land dispute and that the family members of the informant could not accept the above marr......d-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 278 of 2007. (From the judgment and order dated 18th & 21st January, 2007 passed High Court Division in Criminal Appeal No. 4663 of 2003). Judgment ...... No.15 dated 26.04.97, dismissing the appeal modifying the sentence, 2. Mansur Ali, the informant on 26.4. 1997 at about 1.35 P.M. lodged an FIR with Pirganj Police Station, Rangpur alleging that he used to love one Monowara Begum, daughter of Shafu Mondal of Village Ghanashuampur and acco......……Petitioners Vs The State……..........Respondent Judgment June 15, 2008. Lawyers Involved: Syed Mahbubar Rahman Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave..Category: Criminal Law | Date: | Hits: 97
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ...... Case is also Reported in: VI ADC (2009) 436. ......is directed against the judgment and order dated 09.04.2005 passed by the High Court Division Criminal Miscellaneous Case No.8 122 of 2002 discharging the Rule. 2. The facts of the case are that on 24.05.2000 the respondent No.1 as complainant filed a petition of complaint in the Cour......llip;……………………........Respondents Judgment November 4, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 1. N..Category: Criminal Law | Date: | Hits: 41
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....t. 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos.8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of Ka scheduled land and also seeking declaration that the deeds as described in the schedule Kha and Ga to the pl......p;……………..Petitioners Vs. Syed Fakruddin Ahmed and others………..........Respondents Judgment January 8, 2008. Cases Referred To- Md. Nurullah Chowdhury vs. Golam Sollaiman Kazi 26 DLR (HC) 70; Rahela Kha...... others………..........Respondents Judgment January 8, 2008. Cases Referred To- Md. Nurullah Chowdhury vs. Golam Sollaiman Kazi 26 DLR (HC) 70; Rahela Khatun and another vs. Fayezuddin Shah 38 DLR (AD) 6. Lawyers Involve...... vs. Golam Sollaiman Kazi 26 DLR (HC) 70; Rahela Khatun and another vs. Fayezuddin Shah 38 DLR (AD) 6. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Abdul Quayum, Senior Advocate, instructed by Syed Mahbubur Rah..Category: Property Law | Date: | Hits: 33
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