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Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
.... 2. The Petitioner preferred the above contempt petition stating inter alia that he filed Writ Petition No. 2382 of 1999 seeking direction to finalise the process of acquisition of the land of the petitioner involved in Special L.A. Case No. 8 of 1964-65 of District Dhaka stating in......find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....n Sikder filed a petition under section 145 of the Code of Criminal Procedure against opposite party Nos.1,2 and 4-33 for drawing up a proceeding in respect of 13.73 acres of land and restraining the second party from disturbing his possession, stating that the second party....... The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 70
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....31.8.95 passed by the learned Munsif, Bauphal in Title Suit No.439 of 1993. 2. Respondent No.1 as plaintiff brought the said suit on the averments, inter alia, that he took settlement of the land described in schedule-Ka to the plaint in Settlement Case No.242 of 1962-63 and the same was ........Appellant Vs. Arun Kumar Ganguly & others……..............Respondents. Judgment June 7, 1999. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record-For the Appellant Shamsul Alam, Advocate,...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....ree dated June 29, 1992 of the Court of Senior Assistant Judge, Jamalpur in other class Suit No.107 of 1984 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit measuring 1.09 acres. It is the case of the plaintiffs that the land in suit listed in ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....d the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died leaving beh......with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... 1993 having been served on September 28, 1992 with the summons of Miscellaneous Case No. 18 of 1992 filed on September 20, 1992. The Miscellaneous Case was filed seeking pre-emption as contiguous land holder of the land transferred by the kabala sought to be declared as forged, fabricated and v...... do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....Ansar & V.D.P. having its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others……………………………………Appellant Vs. Syeda Sajeda Hossain &a......are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....n other accused were prosecuted under Sections 467/109 of the Penal Code on the charge of forging, in collusion with each other, deed of sale No. 5971 dated 30.12.1978 with a view to grab the case land (81/2 decimals) of Plot No.2827 of Khatian No.353 of mouza Bendabari under Police Station-Kotw...... imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
..... 2. The petitioner filed the above C.R. Case No. 4690 of 1999 alleging, inter alia, that the accused respondent Nos.1 and 2, claiming themselves to be the owners-in-possession of 2.141/2 acres of land of C.S. Khatian No. 229 and S.A. Khatian No. 439 appertaining to C.S. and S.A. Dag No.134 withi......n. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....95 of 1981. 2. Ulfa Mai the predecessor of the petitioner Nos. 1-5 brought the above Other Suit No. 495 of 1981 against the defendant respondents praying for declaration of title in the suit land, measuring 6.59 acre, stating, inter alia, the land, measuring an area of 8.82 acres apper......ision which does not call for any interference. The petitions are dismissed. Ed. ......as because the plaintiff was also a heir of Reyazuddin, who left only a daughter, namely the respondent No.5 Tasiran Nessa and that the respondents since then have been possessing the suit lands in ejmali with Nabiruddin. Predecessor-in-inter-est of the respondent Nos. 2 to 5, Tasiran Nessa (res..Category: Property Law | Date: | Hits: 27
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....t to meet her alleged requirement. Hence the suit is liable to be dismissed. 5. The trial court decreed the suit on the findings that the relationship between the plaintiff and the defendant is of land lord and tenant, that the defendant without obtaining permission of the landlord has made const......of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...Category: Tenancy Law | Date: | Hits: 180
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....nder Mahamadan law against the respondent Messers Yunusco K. Textile Lid. The Pre-emption was allowed and the trial court directed the opposite party pre-emptee) to hand over possession of the case land the pre-emptor and thus being aggrieved the opposite party preferred first Appeal No. 234......ed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....he ground that the amendment in question would not help settle the real "controversy in issue whether the plaintiff was in possession and then, was dispossessed from the schedule Kha land". 3. Against this backdrop, the plaintiffs, who are appellants before us, filed ......ed in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....d others.... .................Respondents Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of ...... Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ded in settlement records but, in fact, the total area of the land according to physical possession and measurement was 0.42 acres as described fully in the schedule of the plaint and the same was ejmali. The further case is, that Moulvi Mukti Miah, the predecessor-in-interest of the parties to ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......n this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....le of the said deed where admittedly there is no Balumohal within the Tea Estate in question which has been leased out to the appellant and in that view of the matter leasing out of the appellant's land by the government treating same as Balumahal was illegal. It has also been submitted that the......dingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....e P.W.I, brother of the deceased Mohammad Ali, in short, is that Abdus Samad Mondal (acquitted) a neighbour of the deceased Mohammad Ali erected a tinshed hut for running a 'moktab' on 18 decimals of land of Plot No. 430 closed to the house of the informant (P.W.1) Md. Abdur Rahim, brother of deceas......ve bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....qf deed and the conduct of the present petitioner Mr. T.I. Khan and found that filing of the title suit claming the Waqf property as his personal properties and executing a mortgage deed including land of the Waqf property are all acts done against the interest of the Waqf Estate and therefore h......o merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ver for appointing a receiver; in a partition suit between the members of a joint family the court will not appoint a receiver except by consent and specially where the family property consists of land, special circumstances must be proved before the Court; the plaintiff must satisfy the Court t......on of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... absolute. 2. The predecessor of the plaintiff instituted Title Suit No.47 of 1999 in the 2nd Court of Joint District Judge at Narayangonj for simple declaration of title in respect of suit land against the defendant. 3. The defendant contested the suit by filing a written stateme...... the petition is dismissed. Ed. ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
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