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Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)

....dle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Chandra Das executed an unregistered bainapatra on 24.11.1991 for sell­ing 4.32 acres of land to the plaintiff at a con­sideration of Tk. 2,50,000/- on receiving earnest money of Tk. 5......Court Appellate Division (Civil) Present Latifur Rahman CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias...... Division in First Appeal No.166 of1995. The High Court Division by judgment dated 18th March, 1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his livelihood and as mon......ree Purna Chandra Das alias Sree Purna Chandra Dhupi and another...............Respondents Judgment February 6, 2001. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For appellants. S. S. Hai..

Category: Property Law | Date: | Hits: 32

State Vs. Abdus Satter and others, 2004, 33 CLC (AD)

....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: 1 ADC (2004)184. ...... Adbul Malek, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Respondents. Criminal Appeal Nos. 06 of 2000. (From the Judgment and order date 17.09.1998 passed by the High Court Divisk in Criminal Miscellaneous Case No.2608 of 1998). Judgment ......ng 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 th......llant Vs. 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. Adbul ..

Category: Criminal Law | Date: | Hits: 35

State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)

....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......lso Reported in: 1 ADC (2004) 182. ......bsp;         Mohammad Fazlul Karim J. - The accused respondent along with others were tried under section 396/412/34 of the Penal Code with alle­gations that on 1.10.1986 at about 8 P.M in the night informant P.O. 1 Babu Mia, P.W.2 Jogal Kumar Saha, P.W.............................Appellant Vs. Md.Tuku Biswas.............Respondents Judgment April 9, 2002. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant. Ex-parte- t..

Category: Criminal Law | Date: | Hits: 49

Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)

....Division Bench of the High Court Division in Writ Petition No. 1312 of 1993 making the Rule Nisi absolute. 2. The predecessors of 13 writ petitioner respondents were owners of 11.34 acres of land, out of a total area of 21.95 acres with in C.S. Khatian No. 3170 of Muza 211 Baunia, P.S. Mi...... Kamal and others...........Petitioners Vs. Abdul Wahab Mia and others................Respondents (In Civil Petition No. 220 of 1997) Judgment August 23, 1998. Cases Referred To- Badal Rani Vs. govern­ment of Bangladesh, 27 DLR (AD) 65. Lawye......on No. 1312 of 1993 making the Rule Nisi absolute. 2. The predecessors of 13 writ petitioner respondents were owners of 11.34 acres of land, out of a total area of 21.95 acres with in C.S. Khatian No. 3170 of Muza 211 Baunia, P.S. Mirpur, District Dhaka. Along with other prop­erties t...... of 1997) Judgment August 23, 1998. Cases Referred To- Badal Rani Vs. govern­ment of Bangladesh, 27 DLR (AD) 65. Lawyers Involved: Mahmudul Islam, Attorney General (B. Hossain, Deputy Attorney General and Bazlur Rahman Ghana, A. A. G. with him) inst..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)

....sed by a Division Bench of the High Court Division in Writ Petition No. 4127 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was de...... Judgment December 10, 2000. Lawyers Involved: Mahmudul Islam, Attorney General, instructed by S. B. Barua, Advocate-on-Record-For the Appellants (In Civil Appeal No. 46 of 1999). A. F. Hasan Arif, Advocate, instructed by Sharif Uddin Chaklader, Advocate-on-Record-For the Appellants (In......he country the same was made over to the Bangladesh Muktijoddah Kalyan Trust, the appellant No.1 of Civil Appeal No. 47 of 1999 by an agreement dated 28.2.1978. Writ petition­er respondents claimed that the premises in which the said factory is situated was let out to the previous owners of the sai......so Reported in: 1 ADC (2004) 149...

Category: Tenancy Law | Date: | Hits: 148

Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)

....e Court of Assistant Judge, at Gouripur Upazilla for permanent injunction against the defendant respondent stating, inter alia, that one Ahmed Ali Khalifa, the C.S. recorded tenant of 0.6 acres of land in C.S. Khatian number 66 sold the same to Fida Hossain and Noor Mohammad who owned and posses...... Ed. This Case is also Reported in: 1 ADC (2004) 136. ......int filed under Order 6 Rule 17 of the Code of Civil Procedure in Other Class Suit No.10 of 1989 by discharging the Rule issued in Civil Revision No. 56 of 1992. 2. The facts, in brief are that the appellant as plaintiff filed the aforesaid suit in the Court of Assistant Judge, at Gouripu.......Appellant. Vs. Mohibunessa and others…………..Respondents Judgment April 30, 2002. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajadul Huq, Advocate-on-Record-For the Appellant. Sk. Afzalu..

Category: Property Law | Date: | Hits: 23

Shamsu Miah and oth­ers Vs. Government of Bangladesh, 2002, 31 CLC (AD)

....adesh canceling respective writ petitioner's allotment of rehabilitation plot in Mohammadpur Housing Estate. 2. Facts in the background of which writ petitions were filed, in short, are that land of the respective writ petitioners or their predecessors were acquired by the government. Gov......rder as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......angladesh canceling respective writ petitioner's allotment of rehabilitation plot in Mohammadpur Housing Estate. 2. Facts in the background of which writ petitions were filed, in short, are that land of the respective writ petitioners or their predecessors were acquired by the government.......ourt Appellate Division (Civil) Present: Ruhul Amin J KM Hasan J Md. Fazlul Haque J Shamsu Miah and oth­ers represented by the Constituted Attorney Mohammed Hafizur Rahman and (11) oth­ers............Appellants Vs. The Gove..

Category: Property Law | Date: | Hits: 27

Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)

....llaneous Case No.28 of 1985. 2. The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the above pre-emption case No. 28 of 1985 for preempting the land described in the schedule to the plaint on the allegations, inter alia, that one Abdul Gafur ......Patwary, Advocate-on-Record-For the Respondents No. 1. Not represented-Respondent Nos. 2-12. Civil Appeal No. 190 of 2000. (From the judgment and order dated 11th June 1998 passed by the High Court Division in Civil Revision No. 2588 of 1993). Judgment  ......9 affirming those dated 28.2.1989 passed by the Court of Subordinate Judge, Narsingdi in Preemption Miscellaneous Case No.28 of 1985. 2. The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the above pre-emption case No. 28 of 1985 for preemptin......and others........Appellants Vs. Khandakar Mosharraf Hossian & Ors .......Respondents Judgment January 20, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Ahsanullah ..

Category: Property Law | Date: | Hits: 30

Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)

....r instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of perma­nent tenancy in the suit land with a further declara­tion that notice date 29.12.1976 issued by the appellants namely M......ed in: 1 ADC (2004) 46. ......gment and order dated 25th March, 1998 passed by a Division Bench of the High Court Division in First Appeal No. 206 of 1995 allowing the appeal. 2. The short fact leading to this appeal is that respondent as plaintiffs earlier instituted Other Class Suit 1977 against the present appellant......nother..........Appellants Vs. Sk. Mohammad Ali and others..........Respondents Judgment April 24, 2002. Lawyers Involved: AJ Maohammad Ali, Additional Attorney, General, (Feroz Shah, Assistant Attorney General with him), instructed by Mvi. Md. Whaidulla..

Category: Property Law | Date: | Hits: 31

Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)

....f Tk. 1,000/- (one thousand) each, in default, to suffer rigorous. 2. Prosecution case was that informant, Mahbubur Rahman, (P.W1) purchased 22,500 pieces of bricks and stacked those on the land of wife of late Asabul Hoque on the north of the dwelling house of Alauddin, that on November ....... Aftab Hossain, Advocate-on-Record-For the Appellants. Not represented-For the Respondent. Criminal Appeal No. 11 of 1997. (From the Judgment and Order dated August 8, 1995 passed by the High Court Division Criminal Miscellaneous Case No. 2560 of 1995). Judgment ......of the penal code and sentencing them to suffer rigorous imprisonment for 1 year and to pay fine of Tk. 1,000/- (one thousand) each, in default, to suffer rigorous. 2. Prosecution case was that informant, Mahbubur Rahman, (P.W1) purchased 22,500 pieces of bricks and stacked those on the l.........Appellants Vs. The State........................................Respondent Judgment March 01, 2004. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Not represented-For the Respondent. Criminal Appeal No. 11 of..

Category: Criminal Law | Date: | Hits: 34

Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)

....facts in short are that the appellant as the complainant filed a complaint case against the respondent No.1 who took Tk. 5 laces from him on false representation that he was the owner of a piece of land situated at S. A. plot No. 774 of Khatian No. 1192 S. A. Khatian No. 2392 and S. A. Dag No. 59......s allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......99 of the High Court Division in Criminal Miscellaneous Case No. 3325 of 1997 filed under section 561A of the Code of Criminal Procedure making the rule absolute. 2. The facts in short are that the appellant as the complainant filed a complaint case against the respondent No.1 who took Tk......gust 13, 2003. Cases Referred To- 49 DLR (AD) page 132; Abdul Quader Chowdhury and others Vs. The State 28 DLR (AD) 38. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ataur Rahman Khan, Advocate-on-Record-For Respondent No. 1. E..

Category: Criminal Law | Date: | Hits: 45

Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)

.... defendant No.1 Rajdhani Unnayan Katripakkhya in short RAJUK as illegal, without jurisdiction and not binding upon the plaintiff. 3. In the plaint it was asserted, inter alia, that the suit land belonged to Israt Reba Mohammad Zunaid and  Shamim Ara Rafique who proposed to sell the p...... Md. Abdul Matin J Shahabuddin Chisti …........Appellant Vs. Rajdhani Unnayan Katripakhya and another.........Respondents Judgment July 28, 2008. Case Referred To- Prof. Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakkhya and others. L......aside the judgment and decree dated 20.02.2003 passed by the Joint District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit prope...... Judgment July 28, 2008. Case Referred To- Prof. Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakkhya and others. Lawyers Involved: Khondker Mahbubuddin Ahmed Senior Advocate, instructed, by S.R. Khoshnabish, Advocate-on-Record-For the appellant. A.K.M. ..

Category: Property Law | Date: | Hits: 40

Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)

.... Police Station Chittagong under section 406/420 Penal Code read with section 138 Negotiable Instrument Act, alleging that the petitioner received Tk. 3,15,000/- from him for pur­chasing  land  and the  petitioner  after receiving further sum of Tk. 3,50,000/- from the ...... ......h Court Division passed in Criminal Miscellaneous Case No.876 of 2006 rejecting summarily the application filed under section 561A of the Code of Criminal Procedure. 2. Facts, in short, are that the complainant respondent No.2, on 7.7.2005, lodged an FIR with Kotawali Police Station Chitt......Criminal) Present:    Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Abdur Noor Chowdhury……………………………..

Category: Criminal Law | Date: | Hits: 45

State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)

....signed by the learned Advocate for the petitioner merits no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......ed in: VI ADC (2009) 265. ......g­orous imprisonment for 10 (ten) years and also to pay a fine of Tk. 25,000/-, in default, to suffer rigorous imprisonment for 1 (one) year more. 2. The prosecution case, in brief, is that one Amir Ali Khan, son of P.W. 1, Abdul Barek Khan on 14-07-1984 at 10.00 a.m. went to Dhaka f...... Petition No. 498 of 06) Judgment April 30, 2008. Lawyers Involved: Atwar Mallick-Respondent (In Criminal Petition No. 499 of 2006) Md. B. Hossain, Advocate-on-Record-For the Petitioner (In both the cases) Not represented- Respondents (In both the Cases)..

Category: Criminal Law | Date: | Hits: 36

Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)

..... 70/88 Kali, T.R. 06/1989 on 27.02.1988 before the Upzilla Magistrate, Kaliganj stating, inter alia, on 26.02.1988 at 10.00A.M. he was plucking tamarind from the tamarind tree standing on his own land. P.W.2, Sufia Khatun was collecting those from the ground. At that time P.W.1 Saker Ali (an in......260. ......y this petition the petitioner seeks review of the judgment dated 05.12.2007 passed in criminal petition for leave to appeal No. 428 of 2006 dismiss­ing the petition. 2. Short facts are that the complainant peti­tioner Daud Ali Sarder filed C.R. Case No. 70/88 Kali, T.R. 06/1989 on......………... Petitioner Vs. Kazi Mujibar Rahman & others ..........Respondents Judgment April 8, 2008. Lawyers involved: N.K. Saha, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not repr..

Category: Criminal Law | Date: | Hits: 38

Misir Ali and another Vs. State, 2007, 36 CLC (AD)

....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......Appellate Division (Criminal) Present:    Md. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Misir Ali and another…………......ment and order of conviction and sentence dated 25.06.1994 passed by learned Sessions Judge and Special Tribunal. Hobiganj in Special Tribunal Case No.22of 1994. 2. The facts, in short, are that P.W.1 Niaz Mohammad, officer-in-Charge of Madhabpur Police Station lodged an F.I.R. alleging, ...... Vs. The State…………………...Respondent Judgment November 15, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......J Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The State .............................Appellant Vs. Nantu Biswas and others…..........Respondents Judgment August 3, 2008. Cases Refer......fer imprisonment for life. The High Court Division by the impugned judgment found the respondents not guilty of the charge and acquitted them. 2. The short fact leading to this petition is that on 20.4.1988 at about 8:45 A.M. the informant along with 3 other persons was coming to their sh...... Bangladesh Vs. Giasuddin and others, 51 DLR (AD) 103; Krishna Mochi and others Vs. State of Bihar, AIR 2002 Supreme Court 1965. Lawyers Involved: Mohammad Ali Akand, Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Not ..

Category: Criminal Law | Date: | Hits: 84

Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)

.... 2. Short facts are that plaintiffs instituted Title Suit No. 324 of 1999 in the Court of Assistant Judge, 2nd Additional Court, Dhaka for restraining the defendants from trespassing into the suit land and demol­ishing the house, mosque and wall constructed by the plaintiffs. 3. The d......e Court Appellate Division (Civil) Present:    Md. M.M.Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Subeder Major (Rtd.) Giasuddin Chowdhury and another …….......Petitioners Vs. Military Estate ...... appeal is directed against the judgment and order dated 2nd December, 2007 passed by the High Court Division in Civil Revision No. 1810 of 2005 making the Rule absolute. 2. Short facts are that plaintiffs instituted Title Suit No. 324 of 1999 in the Court of Assistant Judge, 2nd Addition...... ..

Category: Property Law | Date: | Hits: 22

Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)

....that the plaintiff institut­ed Title Suit No.76 of 1992 in the Court of Additional Assistant Judge, 1st Court, Gazipur for declaration of title, stating, inter alia, that an area of 2 acres of land out of total 3.80 acres of C.S. Plot No. 1696 of Mouza Selan was taken settle­ment by plai......Ali, Advocate-an-Record- For the Petitioners. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1150 of 2005. (From the judgment and order dated 26.06.2005 passed by the High Court Division in Civil Revision No.3214 of 1997.) Judgment  &...... directed against the judgment and order dated 26.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3214 of 1997 making the Rule absolute. 2. Short facts are that the plaintiff institut­ed Title Suit No.76 of 1992 in the Court of Additional Assistant Ju......thers ............Petitioners Vs. Abdul Latif & others..........Respondents Judgment November 5, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-an-Record- For the Petitioners. Not represented- Respondents. Civil Petition for Leave to Ap..

Category: Property Law | Date: | Hits: 34

Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)

....ndent Nos.1-4 and their predecessor-in-interest as plaintiff filed Title Suit No. 341 of 1982 in the Court of Munsif, Shariatpur for declaration of title and confirmation of possession in the suit land. The case of the plaintiffs is that the suit land originally belonged to one Kurban Ali Matbar......nbsp;                  Civil Appeal No. 332 of 2003. (From the judgment and order dated 24.6.1999 passed by the High Court Division in Civil Revision No.1482 of 1996.) Judgment  &nbs......in-interest as plaintiff filed Title Suit No. 341 of 1982 in the Court of Munsif, Shariatpur for declaration of title and confirmation of possession in the suit land. The case of the plaintiffs is that the suit land originally belonged to one Kurban Ali Matbar and in successive devolution, the su...... Md. Azizul Matubbar & others .......Respondents Judgment November 6, 2008. Lawyers Involved: Salam Khan, Advocate, instructed by Mvi, Md. Wahidullah, Advocate-on-Record-For the Appellants.             ..

Category: Property Law | Date: | Hits: 25