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Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....tion are that the plaintiff-respondent-petitioners filed Title Suit No. 35 of 1999 against the defendant-appellant-opposite party No.1 for declaration of title and khas possession of the suit land. The plaintiffs stated that the suit jote of the scheduled lands situated under Mouza-Khankhan......upreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Shahjahan Mridha………………..Petitioner ......ment and decree dated April 23, 2002 in Title Suit No.352 of 1999 of the Court of Assistant Judge, Rajbari. 2. The short facts necessary for the purpose of disposal of the petition are that the plaintiff-respondent-petitioners filed Title Suit No. 35 of 1999 against the defendant-app......ellip;..Petitioner Vs. Jalal Sikder and others…..... Respondents Judgment November 14, 2007. Lawyers Involved: 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: 37
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 142. ......;……………….....Petitioner Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other....Respondents Judgment August 3, 2008. Case Referred To- Sultana Jute Mills Ltd and others vs. Agrani Bank and others, 46 DLR (AD) 1......ed Subordinate Judge (now Joint District Judge), Artha Rin Adalat in Mortgage Suit No. 63 of 1994 accepting the additional written statement filed by the petitioner. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above Mortgage Suit No.63 of 1994 praying for a p...... August 3, 2008. Case Referred To- Sultana Jute Mills Ltd and others vs. Agrani Bank and others, 46 DLR (AD) 174. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner S.R. Khosnabish, Advocate-on-Record-For Respondent Nos.1. Civi..Category: Civil Law | Date: | Hits: 106
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....the plaintiff-petitioner in favour of the defendant-opposite party was forged, void, inoperative and was not binding upon the plaintiff-petitioner on the allegations, inter alia, that the disputed land to the extent 16½ decimals covered by the aforesaid disputed kabala deed No. 3473...... This Case is also Reported in: VI ADC (2009) 139. ......judgment and decree dated 28.09.1995 passed in Other Appeal No.75 of 1994 upholding the judgment and decree dated 26.06.1994 passed in Other Suit No. 44 of 1994. 2. The facts, in short, are that the plaintiff-petitioner filed the aforesaid Other Suit No.44 of 1994 against the defendant-op...... Most Golenur Bewa and others .......Respondent Judgment February 6, 2008. Lawyers Involved: A. Y. Mosihuzzaman, Advocate instructed by Mr. Md. Nawab Ali, advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. ..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.... Judge, Jhenidah in Title Suit No.62 of 1988 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described i......, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2. Civil Petition for Leave to Appeal No. 697 of 2007. (From the judgment and order dated 25.1.2007 passed by the High Court Division in Civil Revision No.3380 of 2000) Judgment &nb......h, in Title Appeal No.125 of 1999 affirming those of dated 25.8.1999 of the learned Senior Assistant Judge, Jhenidah in Title Suit No.62 of 1988 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in th......llip;……Petitioner Vs. Juran Mondal and others……........Respondents Judgment July 30, 2008. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. A...Category: Property Law | Date: | Hits: 25
Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)
....e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ......2009) 133. ......M. M. Ruhul Amin J.- By these petitions the petitioners seek review of this Court's judgment dated 27.04.2006 passed in Civil Appeal Nos.56-86 of 2005 dismissing the appeals. 2. Short facts are that the writ petitioners were appointed in various posts of the Trading Corporation of Bangladesh (s......No. 64 of 2005). Md.Harun-Ar-Rashid & others.............Petitioners (In Civil Appeal No.65 of 2005). Abdul Mannan Biiuiyan & others......Petitioners (In Civil Appeal No.66 of 2005). Syed Asgor Ali Chowdhury & others.....Petitioners (In Civil Appeal No. 67 of 2005). Munshi Alauddin & ot..Category: Employment/Service Law | Date: | Hits: 73
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....R.S. Plot No.12754 contiguous western plot of the case holding Nos.12729 and 12755 belong to preemptor petitioner by purchase. The petitioners mother Mohsena Khatun Purchased 17 decimals land on 20.04.1969 from contiguous southern plot No.12754 and has been enjoying the same. Later on ......ry….............Petitioner Vs. Khalilur Rahman and others ................Respondents Judgment January 29, 2009. Lawyers Involved: Dr. Mohammad Abul Bashar, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with ...... order dated 28.02.2000 passed by the learned Assistant Judge, Boalkhali, Patiya, Chittagong in Miscellaneous Case No. 12 of 1997, allowing the pre-emption case. 2. The facts, in short, are that the case holding under R.S. Khatian No. 2185 in R.S. Plot No.12753, measuring .24 acres belong......Rahman and others ................Respondents Judgment January 29, 2009. Lawyers Involved: Dr. Mohammad Abul Bashar, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Responde..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... 2. The facts leading to the case, are that the plaintiff instituted Title Suit No.43 of 1984 in the Court of Assistant Judge, Paikgachha, Khulna praying for declaration of title to 3.30 acres of land out of 7.57 acres land under B.S. Khatian No.71, S.A. Khatian No. 114 of mouza Khatian contend......his Case is also Reported in: VI ADC (2009) 127. .......172 of 1988 reversing those dated 06.07.1988 of the learned Assistant Judge, Paikgachha, Khulna in Title Suit No.43 of 1984 dismissing the suit. 2. The facts leading to the case, are that the plaintiff instituted Title Suit No.43 of 1984 in the Court of Assistant Judge, Paikgachha, ...... Badhakanta Sardar being dead his heirs;1(a)Phulchand Sardar and others....... Respondents. Judgment February 5, 2008. Lawyers Involved Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Lea..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....Acquisition and Tenancy Act and in the alternative under Section 24 of the Non-agricultural Tenancy Act against the petitioner and opposite party Nos. 21-22 praying for pre-emption of the land of kabala dated 30.03.1986 alleging that the suit property originally belonged to Chandra Kuma......on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-22. Civil Petition for Leave to Appeal No.1507 of 2006. (From the judgment and order dated 29.03.2006 passed by the High Court Division in Civil Revision No. 3679 of 2000.) Judgment ......nal District Judge, 4th Court, Chittagong affirming those dated 10.08.1988 passed by the learned Assistant Judge, Banskhali, Chittagong allowing the pre-emption. 2. The facts, in short, are that the respondent Nos.1-4 as pre-emptors filed an application under Section 96 of the State ......others……............Respondents Judgment December 5, 2007. Lawyers Involved: Harendra Nath Nandy, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-3. ..Category: Property Law | Date: | Hits: 28
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....suit being Title Suit No. 20 of 1989 in the Court of the learned Senior Assistant Judge, Mithapukur, Rangpur for partition and for recovery of khas possession in respect of the portion of the suit land. 3. The plaint case is that the land measuring 2.27 acres comprising Khatian No.......ahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Review Petition No. 122 of 2008. (From the judgment and order dated 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No.1642 of 2007. Judgment ......gment and order dated 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No. 1642 of 2007 dismissing the petition for leave to appeal. 2. The facts, in short, are that the predecessor of respondent Nos.1-3 Md. Moslemuddin instituted a suit being Title Suit ......ellip;………Petitioners Vs. Md. Mafizul Islam and others ......Respondents Judgment October 20, 2008. Lawyers Involved: Md. Awlad Ali, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not ..Category: Property Law | Date: | Hits: 28
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....ndra Datta as legal heir who mutated his name in 16 annas share vide Misc. Case No.879 of 1982-83 and thereafter he paid rents to the Government and while in possession transferred .24 decimals of land of plot No.518 to plaintiff No.2 by registered kabala dated 30.04.1984 and delivered possessio......se is also Reported in: VI ADC (2009) 110. ......owing the appeal reversing the judgment and decree dated 30.05.1988 passed by the learned Assistant Judge, Phultala, District-Khulna in Title Suit No.21 of 1985. 2. The facts, in short, are that the respondent Nos.1 and 2 as plaintiffs filed title suit on 30.05.1985 being No. 21 of 1......Joydeb Datta and others…........Respondents Judgment January 7, 2008. Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Civil Petition for Leave to Appea..Category: Property Law | Date: | Hits: 26
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....n Dhaka Improvement Trust (D.I.T.) now Rajdhani Unnayan Kartripakkha (hereinafter referred to as RAJUK) vide it's Memo No.DIT/799(5) dated 30.05.1,964 allotted 05 Bigha 15 Kathas and 06 Chattaks of land in Block-NH(K),Road No.55, Gulshan Model Town (hereinafter referred as the land) in favour of......ssed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......nst the judgment and order dated 01.11.2004 passed by the High Court Division in Writ Petition No.410 of 1999 allowing the petition and making the Rule absolute. 2. The facts, in short, are that the respondent No.1 is a statutory body having it's office at 98, Kazi Nazrul Islam Avenue, Dh...... M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Rajdhani Unnayan Kartripakkha (RAJUK)….....Petitioner Vs. Dhaka Water Supply and Sewerage Authority and other……Respondents Judgment November 29, 2007. Case Re..Category: Property Law | Date: | Hits: 28
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
....it No.153 of 1982 to its original file and number on setting aside the ex parte decree dated 15.2.1983 on the ground that he never entered into any contract with the appellant for sale of the suit land and he had no knowledge of the suit and that he filed the miscellaneous case within time from ......ocate-on-record- For the Appellant. Ex-party- the Respondents. Civil Appeal No. 75 of 1999. (From the judgment and order dated 28.10.1998 passed by the High Court Division in First Miscellaneous Appeal No.613 of 1991.) Judgment ......The appellant instituted Title Suit No.153 of 1982 in the Court of Subordinate Judge (now Joint District Judge) 1st Court, Dhaka for specific performance of contract. The above Court having found that the summons of the above suit were duly served upon both the Government and the respondent No.1......t Vs. Sree Dulal Chandra Ghose and Another……........Respondents Judgment March 14, 2005. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-record- For the Appellant. Ex-party- the Respondents. ..Category: Civil Law | Date: | Hits: 71
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
.... Miscellaneous case was filed by the petitioner under Section 24 of the Non-Agricultural Tenancy Act, 1949 in respect of the sale which took place on 5.11.1969 claming him to be a co-sharer of the land so transferred alleging that the purchaser is a stranger. It was also the contention that no n......ucted by Md. Nawab Ali, Advocate-on-record- For Respondent No.1. Not represented- Respondent Nos. 2-20. Civil Appeal No. 191 of 2000. (From the judgment of February 22, 1995 passed by the High Court Division in Civil Revision No.630 of 1981). Judgment &n...... by the petitioner under Section 24 of the Non-Agricultural Tenancy Act, 1949 in respect of the sale which took place on 5.11.1969 claming him to be a co-sharer of the land so transferred alleging that the purchaser is a stranger. It was also the contention that no notice of the sale was served ......(Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Khaleque…………......Appellant Vs. Abdul Noor and others………Respondents Judgment July 26, 2005. Lawyer..Category: Property Law | Date: | Hits: 30
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....bsolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge (now joint District Judge), Barguna for declaration of title to the suit land measuring 10.47 acres out of 13.14 acres of land stating, inter alia, that 14.33 acres of lan...... Farooq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent No. 1. Civil Appeal No.169 of 2000. (From the judgment and order dated 23.03.1999 passed by the High Court Division in Civil Revision No.3194 of 1991). Judgment &n......s directed against the judgment and order dated 23.03.1999 passed by a Single Bench of the High Court Division in Civil Revision No.3194 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge (now join...... Yousuf Ali Bayati and others…....Respondents Judgment June 25, 2005. Lawyers Involved: M. Shamsul Alam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Ozair Farooq, Senior Advocate, instructed by Mvi. Md. Wahidullah, A..Category: Property Law | Date: | Hits: 28
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
.... Rule. 2. The plaintiffs instituted Title Suit No.77 of 1991 in the Court of Assistant Judge, 4th Additional Court, Dhaka for declaration of title and recovery of khas possession of the suit land as schedule of the plaint stating, inter alia, that the land of C.S. Khatian No.64 originally......uq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 131 of 2006. (From the judgment and order dated 13.07.2005 passed by the High Court Division in Civil Revision No.1162 of 2002) Judgment &nb......No.77 of 1991 in the Court of Assistant Judge, 4th Additional Court, Dhaka for declaration of title and recovery of khas possession of the suit land as schedule of the plaint stating, inter alia, that the land of C.S. Khatian No.64 originally belonged to 4 brothers namely, Adhar Rishi, Ridhaya R......ers………………………..Respondents Judgment September 10, 2007. Lawyers Involved: A.K.M.Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for leave t..Category: Property Law | Date: | Hits: 21
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....ting the appellant petitioners under Section 109 of the Penal Code read with Section 5(2) of Act II of 1947 and sentencing them to suffer simple imprisonment for seven years and also confiscating the land in plot Nos. 49, 49A, 49B and 49C within Karwan Bazar Commercial Area including building/struct......odhan and others.............Appellants (In Criminal Appeal No. 3 of 2001). Vs. The State............................Respondent (In all the appeals) The State.........Appellant (In all cases). Vs. Rawshan Ara Begum ® Rowshan Ershad.....Respondent (In Criminal Appeal No. 4 of 200......huiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant (In Criminal Appeal No.3 of 2001) Zahurul Islam Mukul, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent (In all the appeals) Zahirul Islam Mukul, Deput.............Respondents (In Civil Appeal No. 596 of 2001) Judgment November 12, 2008. Cases Referred To- Rao Shiv Bahadur Singh vs State of Vindhya Pradesh AIR 1953 (SC) 394; Kedar Nath Bajoria vs State of West Bengal AIR 1953 (SC) 404; Stanley Marks vs United States 430 US 188; Calder vs..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
....ion disposing First Miscellaneous Appeal No. 258 of 2005 along with the Civil Rule No.856 (P.M.) of 2005 with a direction to the parties to maintain status quo in respect of possession of the suit land till disposal of the Title Suit No.13 of 2005 pending in the Court of Joint District judge, 2n......cord- For Respondent Nos. 1-5. Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by the High Court Division in F.M.A. No. 258 of 2005 with Civil Rule No.856 (F.M) of 2005). ......tain status quo in respect of possession of the suit land till disposal of the Title Suit No.13 of 2005 pending in the Court of Joint District judge, 2nd Court, Satkhira. 2. Brief facts are that the respondent Nos.1-5; as plaintiffs, preferred Title Suit No. 12 of 2004 before the First Co......n and others ...................Respondents. Judgment May 30, 2007. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioners. Mahbubey Alam, Senior Advocate, in..Category: Property Law | Date: | Hits: 27
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....ccessors was valid, legal, effective and binding upon the defendants Nos.1-17. 3. The defendant Nos. 9-16 contested the suit by filing a joint written statement stating, inter alia, that the land described in schedule E of the plaint was not included in the deed of 1970&......, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 251 of 2006. (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No.983 of 2000.) Judgment &......evision No. 983 of 2000 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 41 of 1983 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration that the oral amicable partition of the properties left by late Mubarak Ali effected by his heirs in......Abdul Wahed & others………………..... Respondents Judgment September 16, 2007. Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Record- For the Petitioners. Not ..Category: Property Law | Date: | Hits: 21
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......s Case is also Reported in: VI ADC (2009) 88. ......the Penal Code and sentencing them to suffer imprisonment for life with a fine of Tk. 5,000/- each, in default to suffer imprisonment for 1 (one) year. 3. The prosecution case, in brief, is that on 19-09-1989 at about 7.00 a.m. deceased Ful Mia, the elder brother of informant Suruj Mia, o......ellip;Petitioner Vs. Abdul Kashem Member and others…….......Respondents Judgment April 20, 2008. Lawyers Involved: Syed Haider Ali, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Md. Nurul Is..Category: Procedural Law | Date: | Hits: 79
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
.... Tangail, in Case No.88 (4) 94 88(4)94/36(4)95 under Section 145 of the Code of Criminal Procedure directing the Officer-in-Charge, Nagarpur Police Station to hand over possession of the case land of the 1st party respondent and restraining the petitioners from entering into the case land. ...... by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......over possession of the case land of the 1st party respondent and restraining the petitioners from entering into the case land. 2. The case of the respondent No.1 (complainant) is that he filed a petition of complaint under Section 145 of the Code of Criminal Procedure befor.......Petitioners Vs. S.M. Abdul Malek and another…….......Respondents Judgment November 28, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1. N..Category: Civil Law | Date: | Hits: 92
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