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Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....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. ......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..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....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. ....... 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..Category: Criminal Law | Date: | Hits: 50
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....their own right died leaving their heirs, the respondent Nos.1-12 being minors and helpless the plaintiff reared them up and managed and looked after their properties and during the revisional settlement operation, the husband of the plaintiff taking advantage of the above situation rec......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..Category: Property Law | Date: | Hits: 27
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....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.......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..Category: Tenancy Law | Date: | Hits: 180
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 41
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....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. ......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 ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....dge (now Joint District Judge), Artha Rin Adalat, Sylhet and renumbered as Title Suit No. 71 of 1991 stating, inter alia, that the land of SS Plot Nos. 7430, 7431 and 7432 were wrongly recorded in settlement records but, in fact, the total area of the land according to physical possession and me......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 ..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. ......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)
....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. ......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..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....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. ......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..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....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. ......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..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....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. ......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..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....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. ...... 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..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ....... 90 of 1991. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 90 of 1991 before the Senior Assistant Judge, Nalitabari for recovery of possession of the possession of the suit land under Section 9 of Specific Relief Act stating, inter alia, that the suit land recorded in R.S..Category: Property Law | Date: | Hits: 51
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......his wife and accused Mohir Fakir is also his full brother. The High Court Division further held that both the condemned prisoners each dealt only one blow on the victim and accused Joynal Fakir had land dispute with his brother Moina and there was an attempt for Salish over the matter. 7. ..Category: Criminal Law | Date: | Hits: 36
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......in died leaving Samiruddin and others as his heirs. Samiruddin and others sold two Pakhi on 12.09.1955 to plaintiff's name and bename and possession was handed over. Plaintiff was possessing the suit land since then. But the defendant Nos.1 to 8 dispossessed the plaintiffs by force on 09.01.1992 and..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ...... Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and also for partition alleging, inter alia, that the land measuring an area of .77 acres out of 1.10 acres of Plot No.1308 appertaining to R.S. Khatian ..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 2. Short facts are that the petitioners as plaintiffs filed Title Suit No.57 of 1987 in the Court of the learned Assistant Judge, Chougancha, Jessore for declaration of their title to the suit land and confirmation of possession therein stating, inter alia, that the 'Ka' schedule land of th..Category: Property Law | Date: | Hits: 39
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the disputed land measuring .09 acres in Chandina Jote right under the Court of Wards on behalf of one Amullya ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ract on the averments that late Noor Ali Akunji, the defendant No. 1 in the above suit and the predecessors in interest of the respondent Nos. 5 to 12, was the owner in possession of the suit land measuring 3.93 acres and he on 29-11-1976 entered into an agreement with the plaintiff for sal..Category: Property Law | Date: | Hits: 41
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