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Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....tituted Other Class Suit No.66 of 1997 in the Court of the Assistant Judge, Katiadi for declaration of title and recovery of khas possession. 3. The plaintiff case, in short, is that 0.08 acres of land of Plot No.1069 of C.S. Khatian No.1287 originally belonged to Kalu Sheikh and Owed Ali in equa......eported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......se of the Assistant Judge, Katiadi, Kishoregonj in Other Class Suit No.66 of 1997 dismissing the Suit. 2. The facts in the revisional application in Civil Revision No.530 of 2001 are, inter-alia, that the plaintiff-respondent instituted Other Class Suit No.66 of 1997 in the Court of the Assistant......ed by Secretary Rustom Ali......... Defendant-Petitioner Vs. Abdul Kader..........Plaintiff-Respondent Judgment May 20, 2007. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For the Respondent. Civil Pe..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....ion 33 of the Ain, 2003 which provides for the procedure for sale proclamation in Money Execution Case No.65 of 2005 which did not give the value of all three properties, specially the value of the land measuring 3 bigha 4 katha in Tejgaon and the building thereon and the land measuring 6 katha 4...... MLR (AD) (2008) 253. ......urt Division in First Miscellaneous Appeal No. 234 of 2005 heard with Civil Rule No. 822 (F.M.) of 2005 dismissing the appeal discharging the Rule. 2. The facts of the case, in short, are that the plaintiff, National Bank Limited, with M/S. Arena Industries Limited, instituted the suit f...... ..Category: Business or Commercial Law | Date: | Hits: 82
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
.... said Act. It was further stated in the writ petition that the State being a party in the case, it cannot and should not decide which sorts of cases would go to Druto Bichar Tribunal. The laws of the land should be uniform. One set of accused persons under the same sections within the jurisdiction c...... Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants Vs. ...... Kathi Raning vs. State of Saurashtra, AIR 1952 SC 123; Muhibur Rahman Manik vs. Bangladesh, 55 DLR 636. Lawyers Involved: M Amir-ul-lslam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Appellants. (In Civil Appeal No. 143 of 2004 with Civil Appeal No....... Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular acc..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....he suit. 3. The plaintiffs filed the aforesaid suit (Other Suit No. 20 of 1993) in the court of the Assistant Judge, Birampur, Dinajpur for a declaration that the suit land measuring 4.75 acres of land is comprised of a mango garden having 74 mango trees standing the......n No. 645 of 2001) Civil Appeal No. 330 of 2003 With Civil Petition For Leave To Appeal No. 645 of 2001 (From the judgment and order dated 10-06- 2002 and 21-01-1997 passed by the High Court Division in Civil Revision No. 2444 of 1999 and Appeal From Original Decree......n, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record - For the Petitioners. (In Civil Petition No. 645 of 2003) Mahmudul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record - For the Respondents. (In Civil Appeal C. A. No. 330 of 2003) Md....... Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Government of Bangladesh represented by the Secretary Ministry of Environment and Forests and others.............Appellants (In Civil Appeal No. 330 of 2003) Government of Ban..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....nt Nos. 1-5 were in ejmali possession by constructing a shop house on the southern side of the suit property, the defendant Nos. 1-3 and 5 being in need of money transferred 2 pons 7 gandas of land out of their share in favour of the plaintiff by registered kabala dated 3-11-1984 and deliver......Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record - For the Respondents No. 1(a)-1(i). Civil Appeal No. 299 of 2003. (From the judgment and order dated 12-01-2002 passed by the High Court Division in Civil Revision No. 2136 of 1997). Judgment Amirul......Court Division as already mentioned discharged the rule. 3. The plaintiff respondent instituted the aforesaid title suit of declaration of title and partition stating, inter alia, that the suit and belonged to one Md. Hekim, predecessor of defendant Nos. 1-13, who died leaving b...... Tara Mia and another.............Appellants Vs. Babru Mia and others..........Respondents Judgment March 12, 2007. Lawyers Involved: T. M. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Mahbu..Category: Property Law | Date: | Hits: 26
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....pplicants, submits that the predecessor of the applicants purchased the property in question and Siddiya Khatun and Anwara Begum did not acquire any right title and interest in any portion of the land in question and that the petitioner No. 1 by making false statement obtained the present Ru......dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......4. We have heard the learned Advocate-on-Records and perused the impugned judgment and order and other connected papers. On perusal of the impugned judgment of the High Court Division, it appears that the petitioners remained absent when the application for addition of party was being heard. How...... Home Affairs and others………………….Respondents Judgment March 16, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record - For the Petitioners. Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondent No.-..Category: Property Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
....owing disbursement of loan to 46 fake agricultural loanees. It was revealed that the loanees were not the inhabitants of the villages as shown in the loan bonds and the owners of the land shown to have been mortgaged did not apply for loan. The said F.I.R. was registered as Keshabp......uq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 240 of 2006 (From the judgment and order dated 13.04.2006 passed by the High Court Division in Criminal Appeal No.1003 of 2004.) Judgement ......eal is directed against the judgment and order dated 13.04.2006 passed by the High Court Division in Criminal Appeal No. 1003 of 2004 dismissing the appeal. 2. The facts, in short, are that the Assistant Sub Inspector of D.A.B Jessore, lodged an F.I.R. With Keshabpur Police Station a.......................................Respondent Judgment November 18, 2007. Lawyers Involved: A. F. M. Mesbahuddin, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....th of the deceased was due to injuries noted above which were homicidal and ante-mortem in nature. 13. P.W. 12 Abdus Salam Bepari stated that on the day of occurrence while he was working in his land, he saw the deceased going with accused Azahar towards Munshirhat and subsequently dead body of......ullah, Advocate-on-Record-For the Appellants (In both appeals). Ex Parte- the Respondents (In both appeals). Criminal Appeal Nos. 43-44 of 2000 (From the judgment and order dated 14.06.1995 passed by the High Court Division in Criminal Appeal Nos.1740 & 1751 of 1992 respectively.) Ju......gment and order dated 14.06.1995 passed by a Division Bench of the High Court Division in Criminal Appeal Nos. 1740 & 1751 of 1992 allowing both the appeals. 2. Prosecution case, in brief, is that the victim Majibur Rahman was a student of a local Madrasa. Accused Salim and Illias received a ................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 2007. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants (In both app..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....nt dated 8.2.2007 passed in Contempt Petition No. 2 of 2003 rejecting the petition of the petitioners. 2. Short fact is that the mother of the petitioners, Monowara Islam, purchased the land of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659......ion (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Towfiqul Islam and others...................Petitioners Vs. S.M. ...... petition the plaintiff-petitioners seek review of this Court's judgment dated 8.2.2007 passed in Contempt Petition No. 2 of 2003 rejecting the petition of the petitioners. 2. Short fact is that the mother of the petitioners, Monowara Islam, purchased the land of holding No.58/A, Pura......rs........Respondents Judgment August 6, 2007. Lawyers Involved: Syed Amirul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Criminal Review Petition ..Category: Criminal Law | Date: | Hits: 32
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....anamders for the vendor Abdul Karim Hajra and that no right, title and interest accrued to the vendees on the strength of the aforesaid deed of sale. 3. It was averred in the plaint that the lands described in schedule to the plaint belonged to Abdul Karim Hajra, predeces-sor-in-interest o......rd-For Respondent No. 11. Not represented- Respondent Nos.1-10 & 12-38. Civil Petition for Leave to Appeal No. 605 of 2005. (From the judgment and order dated 09.08.2004 passed by the High Court Division in Civil Revision No. 1887 of 1996). Judgment &......f 1996 making the rule absolute. 2. One Salamat Hajra, predecessor of the respondent Nos.1 to 13 instituted Title Suit No.107 of 1988 renumbered as Title Suit No.32 of 1991 for declaration that the deed of sale dated 14.07.1937 by Abdul Karim Hajra predecessor-in-interest of the plaintiff...... his heirs Sufia Begum and others.........Respondents Judgment April 4, 2007. Lawyers Involved: Faruque Ahmed, Senior Advocate, instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. ..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....Sadar, Rangpur inpleading the present petitioner and respondent Nos. 2-5 as defendants praying for a decree for permanent injunction restraining the defendants from entering into the suit land. On transfer to the Court of the Sadar Munsif the suit was renumbered as C.G. Suit No. 311 of ...... Reported in: V ADC (2008) 426. ......shy;tion restraining the defendants from entering into the suit land. On transfer to the Court of the Sadar Munsif the suit was renumbered as C.G. Suit No. 311 of 1984. The plaintiff alleged that suit plot No. 350 and 379 originally belonged to Bachcha Mia and his son Basiruddin and subse&s...............................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007. Lawyers Involved: Shahabuddin Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Syed..Category: Property Law | Date: | Hits: 19
Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)
....ng the revisional application. 3. The respondent Nos.1-13, as plaintiffs, filed Title Suit No. 27 of 1995 in the Court of Assistant Judge, Satkhira for declaration of title to the suit land impleading the petitioners as well as the respondent Nos.14-20 as defendants stating that they...... Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 824 of2004 (From the judgment and order dated 13th July, 2002 passed by the High Court Division in Civil Order No.7226 of 2002). Judgement &nb......le Suit No. 27 of 1995 in the Court of Assistant Judge, Satkhira for declaration of title to the suit land impleading the petitioners as well as the respondent Nos.14-20 as defendants stating that they are in possession of the suit land and in the above suit they also filed an application u......itioners Vs. Md. Abdus Salam.....................................Respondent Judgment June 18, 2006 Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not repres..Category: Property Law | Date: | Hits: 28
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....2000 of the 1st Court of Subordinate Judge (now Joint District Judge), Narayanganj in Title Suit No.40 of 1981 decreeing the same. The suit was filed seeking declaration of title in respect of the land in suit. 2. The suit was filed stating, inter alia, that the plaintiff has purchased th......or the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.758 of 2005. (From the Judgment and Order dated April 12, 2005 passed by the High Court Division in Civil Revision No. 2398 of 2003). Judgement ......udge), Narayanganj in Title Suit No.40 of 1981 decreeing the same. The suit was filed seeking declaration of title in respect of the land in suit. 2. The suit was filed stating, inter alia, that the plaintiff has purchased the land in suit from Reazuddin Mia, Harmuj Mia and Taju Mia by the.............Respondent. Judgment August 23, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil ..Category: Property Law | Date: | Hits: 22
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....that they instituted Title Suit No.113 of 1997 before the Court of learned Senior Assistant Judge, Baniachong, Hobiganj for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land originally belonged to 3 (three) brother namely, Hash......eading or non consideration of material evidence on record or misconstruction of any document or that finding are perverse and contrary to law or evidence resulting in an error in the decision occasioning failure of justice, the concurrent findings can not be interfered with by the revisional ...... Judgment April 23, 2007. Result: The petition is dismissed. Unless there is gross misreading or non consideration of material evidence on record or misconstruction of any document or that finding are perverse and contrary to law or evidence resulting in an error in the decision occ......dul Khaleque...............Petitioner Vs. Shamsuddin and others..........Respondents Judgment April 23, 2007. Result: The petition is dismissed. Unless there is gross misreading or non consideration of material evidence on record or misconstruction of any document or that fin..Category: Property Law | Date: | Hits: 21
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....ed Title Suit No. 347 of 2002 in the 2nd Court of Joint District Judge, Dhaka against the petitioner and some others as defendants for declaration of title, recovery of khas possession of the suit land, permanent injunction and for some other relief on the averment that a piece of land comprisin......sain, Advocate-on-Record-For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1350 of 2005 (From the judgment and order dated 25.6.2005 passed by the High Court Division in Civil Order No. 3170 of 2005.) Judgement &nb...... by the Joint District Judge, 2nd Court, Dhaka in Title Suit No. 347 of 2002 refusing to reject the plaint under Order 7, Rule 11 of the Code of Civil Procedure. 2. Facts briefly stated are that the plaintiff respondents filed Title Suit No. 347 of 2002 in the 2nd Court of Joint District ......hers........Respondents Judgment April 29, 2007. Lawyers Involved: Faruque Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to..Category: Property Law | Date: | Hits: 31
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....ther Class Suit No.93 of 1984 against the respondents impleading them as defendants praying for a decree declaring plaintiffs' right, title and interest in the schedule-1(ka) of the suit land and that plaintiffs are entitled to get money in L.A. Case No. 13 8/67-68 stating, inter alia,......am J Md. Joynul Abedin J Afzal Ahmed and others..........Petitioners Vs. Ayesha Khatun and others ........ Respondents Judgment November 29, 2007. Cases Referred To- Mukku Mia and others vs. Ali Hossain Bhuieyan and others BCR 1984(AD) 61;...... (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Afzal Ahmed and others..........Petitioners Vs. Ayesha Khatun and others ........ Respondents Judgment November 29, 2007. Cases Refer...... Mukku Mia and others vs. Ali Hossain Bhuieyan and others BCR 1984(AD) 61; Jafar Ali and others vs-Sadak Ali and others, BCR 1985 (AD) 29. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Abdul Quay..Category: Property Law | Date: | Hits: 25
Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)
....t the judgment and decree dated 29.5.1991 in Other Class Suit No. 20 of 1986 filed by the respondents was not binding on them and also for partition on the allegations that they purchased the suit land from the original co-sharers by inheritance and thus became the co-sharers of the suit la......rted in: V ADC (2008) 395. ...... Judgment October 30, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. A. Y. Mosihuzzaman, Advocate, instructed by Mrs. Sufia Khatun, Advocate on-Record-For Respondent Nos. 1 & 2. Not Represented- For Respondent No.............Petitioner Vs Md. Nazrul Islam and others........Respondents Judgment October 30, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. A. Y. Mosihuzzaman, Advocate, instructed by Mrs. Sufia Khatun, Advo..Category: Property Law | Date: | Hits: 23
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
....f Act decreeing the suit. 2. The respondent No.1 as plaintiff on 04.06.2000 filed Title Suit No. 21 of 2000 in the Court of Assistant Judge, Balaganj praying for recovery of possession of the suit land after evicting the defendant No.1 from the said suit land under Section 9 of the Specific Relie......For the Petitioner. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 601 of 2005 (From the judgment and order dated the 22nd March, 2005 passed by the High Court Division in Civil Revision No. 2846 of 2001). Judgement Mohammad Fazlu......e Court of Assistant Judge, Balaganj praying for recovery of possession of the suit land after evicting the defendant No.1 from the said suit land under Section 9 of the Specific Relief Act claiming that the defendant No. 2 being the original owner by inheritance on 15.02.1988 by registered kabala......Petitioner Vs. Md. Abrus Ali and another..................Respondents Judgment September 16, 2007. Result: The petition is dismissed. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... by the Subordinate Judge, Second Court, Sylhet in Miscellaneous (Pre-emption) Case No.191 of 1993 dismissing the pre-emption case. 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecessor of respondent Nos.2-10. Ashek Ali sold the same ......rted in: V ADC (2008) 389. ......27.03.2001 passed by the Subordinate Judge, Second Court, Sylhet in Miscellaneous (Pre-emption) Case No.191 of 1993 dismissing the pre-emption case. 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecessor of respondent Nos.2-10. Ashek A....................Petitioner Vs. Azizul Hussain and others........ Respondents Judgment November 6, 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: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....ordinate Judge (now Joint District Judge), Kishoreganj in Other Class Suit No. 69 of 1993 decreeing the same. The suit was filed seeking decree for specific performance of contract for sale of land. 2. It was the plaintiff's case that defendant No.1 proposed to sell the land show......vocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petition for Leave to Appeal No. 853 of 2004 (From the Judgment and Order dated April 5, 2004 passed by the High Court Division in First Appeal No. 167 of 1999) Judgment Md. Ruhul......), Kishoreganj in Other Class Suit No. 69 of 1993 decreeing the same. The suit was filed seeking decree for specific performance of contract for sale of land. 2. It was the plaintiff's case that defendant No.1 proposed to sell the land shown in the schedule attached to the plaint for......t January 5, 2006. Lawyers Involved: Md. Momtazuddin Fakir, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petition for Lea..Category: Property Law | Date: | Hits: 23
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