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Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....ppellant), contested the suit. Defendant had good relations with the plaintiff since be served in a Rubber factory in Calcutta. At the plaintiff's request he purchased in their benami .25 acres of land of Plot No. 138 appertaining to C. S. Khatian No. 64 of Mouza Jadabpur from one Haragobinda Da...... also Reported in: 37 DLR (AD) 67. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das and o......ivision (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das and others..........Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....ibed in Schedule Ka and Kha respectively and that he had 8 annas share in C.S. Khatian No. 267 and 271, the properties in Schedule "Ga" and "Gha" thereby claiming 2.34 acres of land to their share. 3. Defendants contested the suit stating, inter alia, that the suit la......ase is also Reported in: 37 DLR (AD) 63. ...... July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the parties to do comple......howdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Osman Gani………………….Appellant Vs. Mst. Kulsum Bibi & ors……………Respondents Judgment July 17, ..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
....etition case bearing No. 248 of 2004 before the Chief Metropolitan Magistrate, Dhaka on 19.02.2004 under Section 145 of the Code of Criminal Procedure alleging, inter alia, that they purchased the land in question on 28.04.1977 and since then they have been in possession of the same on getting t....... Abdul Matin J Alex & Simon International Ltd……………………………………Petitioner Vs. Yasmin Bashar & others………………………&he......ed against the judgment and order dated 12.04.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 2850 of 2004 discharging the rule. 2. Prosecution case, in brief, is that the respondent Nos. 1 and 2 filed the petition case bearing No. 248 of 2004 before the Chief Me......lip;………………………..Respondents Judgment December 11, 2007. Lawyers Involved: Syed Mahbubar Ahmed, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Crimin..Category: Criminal Law | Date: | Hits: 45
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ...... ......o G.R. Case No.39 of 1998 rejecting the criminal reference and dismissing the criminal appeal with modification altering death sentence to imprisonment for life. 2. The facts, in short, are that one Md. Ishaque, the father of the deceased Md. Jafar lodged the First Information Report of F......spondent Judgment October 12, 2008. Lawyers Involved: Probir Haider, Advocate (appeared with the leave of the Court) instructed by Bivash Chandra Biswas, Advocate-on-Record-For the petitioner. Not represented-the Respondent. Criminal Petition for Leave t..Category: Criminal Law | Date: | Hits: 35
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....Shahid Sheikh, Mottaleb Sheikh, Nazrul Islam, Jahangir Alam, Nizam Sheikh, Wahidul Islam, Hannan Sheikh, Rukunuddin and Borhanuddin Mollah being armed with weapon including bhela entering into the land of the victim, over which there was a dispute, occupied the same and on hearing the same the v...... Supreme Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Abu Sayeed Sheikh alias Abu Sayeed and another………………………&h......tencing them to suffer rigorous imprisonment for life with a fine of Tk. 2000/- each in default to suffer rigorous imprisonment for 2 years more. 2. The prosecution case, in brief, is that on 28.02.1988 at about 1:30 P.M. while victim Fazer Ali was working on the roof of the house of......;………….Respondents Judgment June 29, 2008. Lawyers Involved: Md. Khurshed Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave..Category: Criminal Law | Date: | Hits: 38
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....hy;tate the needs of people of its area. 3. The Public Works Department of the Government considering the necessity and expediency for the establishment of the Shishu Park over 8.86 acres of land at Jambury Maidan, Agrabad, Chittagong handed over the aforesaid land in favour of the petitio......, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1272 of 2007. (From the judgment and order dated 13.03.2007 passed by the High Court Division in Writ Petition No. 3978 of 2003.) Judgment &......ng the respondent No.1 implement the impugned order and remove all the unauthorised construction from the said premises within receipt of the judgment. 2. The facts, in short, are that the petitioner filed Writ Petition No. 3978 of 2003 stating that the Chittagong City Corp...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J The Chittagong City Corporation, City Corporation Bhaban, Anderkilla, Police Station-Kotwali, District-Chittagong and o..Category: Civil Law | Date: | Hits: 113
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....t, are that the plaintiffs instituted Other Suit No.74 of 1995 in the Court of Senior Assistant Judge, Mithapukur, Rangpur, for a preliminary decree for partition to 8 annas share to the suit land and also for a declaration; that the compromise decree passed in Other Suit No. 55 of 1966 to ......-For Respondent No.1. Not represented- Respondent Nos. 2-11. Civil Petition for Leave to Appeal No. 1223 of 2007. (From the judgment and order dated the 27th day of May, 2007 passed by the High Court Division in Civil Revision No.5457 of 2002). Judgment &......l No. 110 of 1998 reversing those dated 09.07.1998 passed by the Senior Assistant Judge, Mithapukur in Other Suit No.74 of 1995 decreeing the suit. 2. The facts of the case, in short, are that the plaintiffs instituted Other Suit No.74 of 1995 in the Court of Senior Assistant Judge, Mith......p;………………………..Respondents Judgment August 25, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-11. Civil Petition for Le..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ase by filing an affidavit-in—opposition stating, inter alia, that the respondent Nos.1 and 2 RAJUK had approved a plan in 1982 for construction of a two storied building on the piece of land of the respondent Nos.3 and 4. Thereafter, said plan was revised for construction of 4(four) ......vocate-on- Record-For Respondent Nos.3-4. Not represented-Respondent Nos.1-2. Civil Petition for Leave to Appeal No. 1689 of 2008. (From the judgment and order dated 16.06.2008 passed by the High Court Division in Writ Petition No.4383 of 2007.) Judgment Md. Abdul......e to appeal is directed against the judgment and order dated 16.06.2008 passed by the High Court Division in Writ Petition No. 4383 of 2007 discharging the Rule. 2. The facts, in short, are that the respondent Nos. 3 and 4 being the President and Secretary of the Mirpur Muktijoddha B......hers……………………………..Respondents Judgment October 14, 2008. Lawyers Involved: Mainul Hosein, Senior Advocate instructed by Md. Taufique Hossain Advocate-on- Record-For the Petitioners. A.J...Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....Judge, Sadar Kurigram in miscellaneous Case No. 48 of 1996 allowing pre-emption. 3. The pre-emptor respondent No. 1 filed the miscellaneous Case No. 48 of 1996 in order to have the case land by way of preemption stating, inter alia, that he is a co-sharer tenant in the case land......dvocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1229 of 2006 (From the judgment and order dated the 10.04.2006 passed by the High Court Division in Civil Revision No. 6292 of 2002). Judgment ......rected against the judgment and order dated 10.04.2006 passed by the High Court Division in Civil Revision No. 6292 of 2002 discharging the Rule on contest. 2. The facts, in short, are that the pre-emptee petitioner No.1 challenged the judgment and other dated 12.10.2002 passed by le......;……………………….Respondents Judgment December 4, 2007. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the petitioners. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. ..Category: Property Law | Date: | Hits: 33
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
.... Suit No.31 of 1995 in the 2nd Court of Subordinate Judge, Sylhet for declaration of title stating that the predecessor of the defendant Md. Sadir having title and possession over the schedule land died leaving behind one son A.S.M. Ali Ashraf, three daughters named Mst. Momtaz Begum, Noor ...... (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J A. M. M. Ali Ashraf being dead his heirs; 1(Ka) Khodeja Ashraf alias Khodeja Yasmin and others…….Petitioner Vs. Nurun Rashid Chowdhury&h...... the judgment and order dated 28.06.2006 passed by the High Court Division in Civil Revision No. 2424 of 1994 in fixing the date of hearing by a Division Bench. 2. The facts of the case are that the plaintiffs filed Title Suit No.31 of 1995 in the 2nd Court of Subordinate Judge, Sylh......……………………………..Respondents Judgment November 18, 2007 Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record-For the Petitioners. Fazlul Huq..Category: Property Law | Date: | Hits: 32
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....e decreeing the suit. 2. The case of the plaintiff, in short, is that the plaintiff Jobeda Bewa, a widow, used to stay under the care of defendant No.1 and she was the owner of 3.55 acres of land and subsequently when the plaintiff was suffering from paralysis and was confined to bed....... This Case is also Reported in: VI ADC (2009) 305. ......reversing the judgment and decree dated 13-09-2001 passed in Title Suit No. 96 of 1994 by the Assistant Judge, Singra, Natore decreeing the suit. 2. The case of the plaintiff, in short, is that the plaintiff Jobeda Bewa, a widow, used to stay under the care of defendant No.1 and she was t......ellip;………….Respondents Judgment March 20, 2008. Lawyers Involved: Farooq Ahmed, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Civil Petition for Leave to A..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
..... In this appeal, defendant Nos. 1-3 are the appellants while plaintiff Nos. 1 and 2 are the respondents. 2. The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and her son plaintiff No. 2, ......sp; Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. ......afa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ..................Plaintiff-Respondents Judgment July 28, 1996. ...... Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ..................Plaintiff-Respondents Judgment July 28, 1996. Lawyers I..Category: Property Law | Date: | Hits: 40
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ants on 31.12.86 got an ex parte decree in Title Suit No. 203 of 1984 of the Court of the Subordinate Judge 4th court, Dhaka for declaration of their title to the suit property, comprising of land and buildings within Dhaka City, on adverse possession. Defendant respondent No. 1 through her......orted in: II ADC (2005) 342. ...... 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The relevant facts are that the plaintiff appellants on 31.12.86 got an ex parte decree in Title Suit No. 203 of 1984 of th......J Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Danish Ali & others .....................Appellants Vs. Mrs. Sakina Bai & ors.............Respondents Judgment March 16, 1998. Lawyers Involved: ..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....numbered as Title suit No. 424 of 1984 of the Court of the Assistant Judge, the then Baliakandi Upazila, Rajbari, against defendant Nos. 1-4 respondents restraining them from giving on lease the suit land to any body and disturbing the plaintiffs' possession therein and also of a declaration that th...... is also Reported in: II ADC (2005) 338.......nts is from the judgment and order dated 20.7.93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 2199 of 1993 making the rule absolute. 2. The relevant facts are that the plaintiff appellants got a contested decree of permanent injunction on 30.8.90 in Title Suit...... Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defendant-Respondents Judgment January 13, 1997. Cases Ref..Category: Limitation Law | Date: | Hits: 166
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....dgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession a......5) 326. ......e, recovery of possession and for allotment of separate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed the suit stating, inter alia, that the land measuring 1.15 acres appertaining to plot No. 685 of C.S. Khatian No. No. 104 corresp......lants Vs. Abdul Karim alias M.A. Karim and others .................Respondents Judgment January 12, 2005. Result: The appeal is allowed. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Probir Neagi, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....e, Begumgonj Upazila who decreed the suit and declared that the temporary lease granted to defendant No. 1 (respondent No. 1 herein) by the Government in respect of 10 decimals of Government acquired land in Settlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plai......Case is also Reported in: II ADC (2005) 297.......f 1987 allowing the appeal and reversing the judgment and decree dated 4.3.87 passed in Title Suit No. 129 of 1985 by the learned Assistant Judge, Begumgonj Upazila who decreed the suit and declared that the temporary lease granted to defendant No. 1 (respondent No. 1 herein) by the Government in re......preme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Govt. of Bangladesh and ors..........Appellants Vs. Barekunnessa and ors.............Respondents Judgment Decemb..Category: Tenancy Law | Date: | Hits: 124
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....eal No. 265 of 1983 and affirming thereby the judgment and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition. 2. Plaintiff's case in short is that the suit land originally belonged to 3 b......Case is also Reported in: II ADC (2005) 274....... and decree dated 31.1.83 passed by the learned Munsif, Gopalgonj decreeing Title suit No. 678 of 1968, a suit for declaration of title to suit land and partition. 2. Plaintiff's case in short is that the suit land originally belonged to 3 brothers, namely Nogendra Nath Dhupi, Banikanta Dhupi and......dhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record - For the Appellant Kazi Shahadat Hossain, Advocate, instructed by Md. Nawab Ali, Advocate-..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....ion convicted the appellant No. 1 on two grounds: first being that earlier on 16.2.1991 the executing court asked the appellant No. 1 for deployment of police force so that the possession of the suit land could be handed over to the respondent No. 1 in execution of the decree but in spite of the abo......ul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Awlad Hossain and another....Appellants Vs. Joynab Bibi and another..............Respondents Judgment August 9, 2004. Case Referred to- Abdul Hoque vs. District Judgeship 51 DLR (AD) 15. Lawyers Involved: Amir-......eriod. 3. The respondent No. 1 filed the above Criminal Misc (Contempt) Case No. 386 of 1997 against the appellants and proforma respondent No. 2 before the High Court Division stating inter alia that she, having obtained a decree in Title Suit No. 808 of 1985 from the Court of 2nd Sub-Ordinate J......oynab Bibi and another..............Respondents Judgment August 9, 2004. Case Referred to- Abdul Hoque vs. District Judgeship 51 DLR (AD) 15. Lawyers Involved: Amir-ul-Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. A. A. Aziz, ..Category: Criminal Law | Date: | Hits: 51
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....ge, Cox’s Bazar. The Suit for permanent injunction is essentially a suit for possession upon a finding of possession of the plaintiff, no matter what is the nature or character of title to the suit land. In the instant case, plaintiff's suit for declaration of title and partition would surly be no......der as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......nt and order dated March 1, 1992 passed by the High Court Division in Civil Order No. 944 of 1992 summarily rejecting of the application under section 115(1) of the Code of Civil Procedure holding that the proposed amendment would change the nature and character of the suit. 2. Leave was ......l Haque... .....................Appellant Vs. Salenullah and others.......Respondents Judgment January 4, 2003. Lawyers Involved: M. G. Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Respondents. Civil Appeal No. 30 ..Category: Procedural Law | Date: | Hits: 38
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......l the appeals). Not Represented - Respondent Nos. 1, 2 & 3 (In all the appeals) Civil Appeal Nos. 57, 58, 59 & 60 of 1990 (From the Judgment and Order dated 29-10-1987 passed by the High Court Division, Sylhet Sessions in Civil Revision Nos. 2, 5, 6 and 14 of 1984). ......ccepted by a Single Judge of the High Court Division (Sylhet Sessions) by a common order dated 29 October, 1987 in Civil Revisions Nos. 2, 5, 6 and 14 of 1984. The appellant's simple contention is that it was not party to the compromise and that no rule having been issued against it, the ord...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh, Dhaka.................Defendant Appellant (In all the appeals) ..Category: Property Law | Date: | Hits: 32
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