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Md. Abdul Jalil Vs. Mosammat Shefali Begum and oth­ers, 2006, 35 CLC (AD)

.... 18.10.1982 passed by the Additional Commissioner, Rajshahi Division in Appeal Case No. 100 of 1978 is illegal, void and not binding upon them. They contended that Tarakanath Pramanik the original landlord of the suit land i.e. 0.70 decimals of land gave pattan to Anil Ranjan in 1335 B.S, who in......fia Khatun, Advocate-on-Record-For Respondent Nos. 1-4. Not Represented-For Respondent Nos. 5-8. Civil Appeal No. 235 of 2001. (From the Judgment and Order dated 6.1.1997 passed by the High Court Division in Civil Revision No. 3254 of 1992). Judgment &nbs...... 17, 2005. Lawyers Involved: Md. Abdul Majid, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shamsul Huda, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-4. Not Represented-For Respondent Nos. 5-8...... Shefali Begum and oth­ers.....Respondents Judgment May 17, 2005. Lawyers Involved: Md. Abdul Majid, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Shamsul Huda, Advocate, instructed by Sufia Khatun, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 39

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....t of Munsif (now Assistant Judge) Kushtia in title suit No. 48 of 1985 decree­ing the same. The suit was filed seeking declaration of title and confirmation of pos­session in respect of the land described in the schedule attached to the plaint. 2. Facts averring which the suit was ......ip;….Appellants Vs. 1. Hamangini Saha being dead her heirs 1 (a) Swapan Kumar Roy and others……….Respondents Judgment March 21, 2006. Cases Referred To- Mir Laik Ali vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 D......g declaration of title and confirmation of pos­session in respect of the land described in the schedule attached to the plaint. 2. Facts averring which the suit was filed in short, are that the land in suit belonged to Jataindra Nath Shaha who had 4 sons Mohendra Saha, Nalini Ranjan S...... Judgment March 21, 2006. Cases Referred To- Mir Laik Ali vs. Standard Vacuum Oil Company (ESSO) and Abdur Razzak, 16 DLR (SC) 287; Md. Abu Bakar Mollah vs. Abdul Majid Moral (2201) 6 MLR (AD) 151; Md. Naimuddin Sarder @ Naimuddin Sarder vs. Md. Abdul Kalam Biswas 39 D..

Category: Property Law | Date: | Hits: 23

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....ty in the impugned orders. The High Court Division, therefore, was not jus­tified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......ng the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ...... 8034,8035,8036, 8037, 8038,8039,8040, 8041, 8042, 8043, 8292 of 2002 & 1164, 1165, 1166, 1167, 1168, 1169, 1170, 2731, 2732, 2733, of 2003 making the Rules absolute. 2. Short facts are that the writ petition­ers were appointed in various posts of the Trading Corporation of Banglad...... Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 80

Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)

.... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......t considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......sonment for 1 (One) year and also to pay a fine of Tk. 500/- (five hundred) each and in default to suffer rigorous imprisonment for one moth more each. 3. The prosecution case, in short, is that the informant Anisur Rahman, A Sub-Inspector of police D.B. Branch, Bogra, along with 2 constab......hellip;………………………..Respondent Judgment February 25, 2004. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to A..

Category: Criminal Law | Date: | Hits: 29

Habibur Rahman alias Habu and oth­ers Vs. State, 2006, 35 CLC (AD)

.... The facts revealed in the leave peti­tion, in short, are that the on 06.02.1984 one Shukur Ali, brother of Sabdar Ali P.W.1 along with his cousin Moslem (P.W.11) were cleaning weed from their land and after completing the work while they were returning there from at about 2/2. 30 P.M. reach......ners are directed to prepare the paper book out of court in accordance with rules. Ed. ......ve thousand) each, in default, to suffer rigorous imprisonment for 3 (three) months more. The sentences to run concurrently. 2. The facts revealed in the leave peti­tion, in short, are that the on 06.02.1984 one Shukur Ali, brother of Sabdar Ali P.W.1 along with his cousin Moslem (P.W......y;ers......................Petitioner Vs The State..............................Respondents Judgment August 31, 2005. Lawyers Involved: Abdul Malek, Senior Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. No..

Category: Criminal Law | Date: | Hits: 31

State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)

....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ......d any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ...... Court Division in Criminal Appeal no. 3225 of 1991 allowing the appeal and thus acquitting the accused respondent of the charge under section 326A of the Penal Code. 2. Facts in brief are that on 1.12.1989 at 7.30 P. M. when victim Romeza Begum was going outside her house to bring her go......Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record-For the Appellants Sha..

Category: Criminal Law | Date: | Hits: 29

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

....le. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands origi­nally belonged to Monindra Nath Mondal, the defendant No.2 in...... For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......Gazi and others.......Respondents Judgment May 3, 2006 Cases Referred to- Ramdhari Rai Vs. Gorakh Rai, AIR 1931 (Patna) 236; Shahid Nasim and 2 other Vs. Syeda Imtiaz Khatoon, PLD 1997 (Lahore) 243; Umedewal Moti Ram vs. Deva ILR (1866) 2 Bombay 547. Lawyers ..............Appellant vs Ayjuddin Gazi being dead his heirs Amjad Gazi and others.......Respondents Judgment May 3, 2006 Cases Referred to- Ramdhari Rai Vs. Gorakh Rai, AIR 1931 (Patna) 236; Shahid Nasim and 2 other Vs. Syeda Imtiaz Khatoon, PLD 1997 (Lahor..

Category: Property Law | Date: | Hits: 35

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....and decree dated December 15,1998 of the Court of Assistant Judge, Sadar, Sylhet in Title Suit No. 102 of 1988 dismissing the same. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. It may be mentioned the appellate Court upo......zul Islam J The Government of the Peoples Republic of Bangladesh, repre­sented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being dead his heirs: Indira Rani Sarker.....Respondent Judgment ......sh upon affording opportunity to the defendants to file written statement as well as to allow the parties to lead evidence, if so, chose by them. 2. The suit was filed stating, inter alia, that plaintiff's father was an employee of Zamindar Birendra Kishore Roy Chowdhury who owned Gouripu...... April 6, 2006. Cases Referred to- Perusal Rani Sen Gupta Vs. Bangladesh (1983) 3 BLD(AD) 277; Bangladesh, rep­resented by the Secretary, Ministry of Housing and Public Works and another Vs. Shirely Anny Ansari, 52 DLR(AD) 180; Chitta Ranjan Chakraborty being dead, his..

Category: Property Law | Date: | Hits: 43

Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)

....dgment and decree dated September 30, 1992 of the Court of Assistant Judge, Nazipur, Pirojpur in Title Suit No.41 of 1991 decreeing the suit. The suit was filed seeking declaration of title in the land in suit. 3. Plaintiffs case in short, is that land measuring 6.20 acres of No.23 khebog...... Vs. Md. Wazed Ali and others………………………………...Respondents Judgment April 9, 2006 Case Referred To- Abdul Mannan vs. Kulada Ranjan Mowali 31 DLR (AD) 195. Lawyers Invo......t of Assistant Judge, Nazipur, Pirojpur in Title Suit No.41 of 1991 decreeing the suit. The suit was filed seeking declaration of title in the land in suit. 3. Plaintiffs case in short, is that land measuring 6.20 acres of No.23 khebog owned by Daraj Ullah and Nazir Uddin and by amicable ......s Judgment April 9, 2006 Case Referred To- Abdul Mannan vs. Kulada Ranjan Mowali 31 DLR (AD) 195. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants Not ..

Category: Property Law | Date: | Hits: 27

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

....sistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plaintiff, in short, is that the land in suit, which is home......by Serajur Rahman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-8 Civil Appeal No. 588 of 2001 (From the Judgment and Order dated March 29, 1998 passed by the High Court Division in Civil Revision No. 2248 of 1991 (Dhaka)Civil Revision No. 271 o......reeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plaintiff, in short, is that the land in suit, which is homestead, belonged to Jairuddin and in his name C.S. record was pre............Appellants Vs Mosammat Miration Nessa and oth­ers..................Respondents Judgment March 23, 2006 Lawyers Involved: Md. Fazlul karim, Senior Advocate, instructed by Md. Nawab All Advocate-on-Record-For Respondent No. 1 Dr. Rafiqu..

Category: Property Law | Date: | Hits: 35

Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....in 1981 and from time to time was promoted to various posts and lastly was transferred as Director (current charge) Phones, Dhaka Telecommunication Region (North), Dhaka on 07.10.2001 and that some lands and residential quarters of BTTB situated at Motijheel, Maghbazar and other areas were illeg......appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......he High Court Division in Writ Petition No. 4892 of 2003 making the rule absolute. 2. The respondent (Writ petitioner) filed The Lawyers Writ Petition No. 4892 of 2003 stating, inter alia, that he joined Bangladesh Telegraph and Telephone Board (BTTB) as Assistant Divisional Engineer in 1........... Petitioner vs. Mohammad Toufique and others..................................Respondents Judgement May 17, 2006. Lawyers Involved: Rafiqul Huq, Senior Advocate (Rais Uddin Ahmed, Advocate with leave of the court) instructed by A. K. M. Shahidul Hu..

Category: Others | Date: | Hits: 97

Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

....facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladhar, defendant No.1 and Bharat Chandra in 8 annas share and A......p;                 M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 26.01.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 3999 of 1991 making the Ru......ate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Sree Promad Chandra Barman & others..............Appellants Vs Most. Khodeza Khatun Bewa and others.........Respondents Judgement February 25, 2004. Lawyers................Appellants Vs Most. Khodeza Khatun Bewa and others.........Respondents Judgement February 25, 2004. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Advocate -on-Record- For the Appellants Mahbubey..

Category: Property Law | Date: | Hits: 37

Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)

....king advantage of the civil court vacation and in violation of the order of status quo passed on 23.7.1997 the defendant-petitioner on 24.12.1997 illegally erected houses and structures on the suit land. The defendant-petitioner resisted the prayer submitting, inter alia, that he had his houses ...... of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ...... of 1997 praying for permanent injunction restraining the defendant-petitioner from dispossessing or creating any disturbance in their peaceful possession of the suit property stating, inter alia, that the property originally belonged to Ganjela Roy who sold the property to One Rahimuddin Sarker ......tioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement April1 0, 2004. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner  Mvi. Md. Wahidullah, Advocate--on-Record- For the Respondent..

Category: Property Law | Date: | Hits: 34

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

.... M/s. General Exporters and also had been using the suit property for residential purpose. He continued to pay rent at the rate of Tk. 90/- per month till February 1972. He failed to trace out the landlord after February 1972 and therefore applied to the Sub-Divisional Officer, Sadar Dhaka for d......ounsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relating to the suit property ...... February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate -on-Record- For the Appellants Khandker Mah..

Category: Property Law | Date: | Hits: 41

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....es to the plaintiff in Bangladesh in pursuance of the contract. But when the plaintiff came to this country on query he learnt that Ghose brothers had no right, title and interest in respect of the lands of Mouza Hardi and Paltadanga though some lands of these two mouzas were shown in the agreeme......lip;……..........Respondents. Judgement May 25, 2004. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on–Record- For the Appellants  Shahid Ahmed, Advocate, instructed by Md. Aftab Hossa......ve is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose predecessor o......s. Vs. Abdus Samad Mondal and others…………..........Respondents. Judgement May 25, 2004. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on–Record- For the Appellants ..

Category: Property Law | Date: | Hits: 32

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....ter recording evidence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. Th......eal is allowed with costs. Ed. ......the judgment and order dated January 13, 2002 of a Division Bench of the High Court Division passed in. Civil Revision No. 2385 of 2001 disposing of the rule obtained therein with the observation that the defendant-petitioner shall be at liberty to file a fresh application under Section 11 of th......and others, 13 BLD (AD) 217; Mahbubul Huq vs. Md. A. Kader Munshi and others, 52 DLR, 194. Lawyers involved: Mustafa Neaz Muhammad, Advocate instructed by Abu Siddique, Advocate-on-Record- For the Appellant. Rabi Shankar Chakraborty, Advocate, (appeared with the leave of the ..

Category: Civil Law | Date: | Hits: 122

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....ourt of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L.A. Case...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Saleh Ahmed, Estate Officer, Bangladesh Railway……………......Appellant Vs A.P.M. Basher, Advocate and others .........Respondents Judgement February 25, 2004. L......he 4th Court of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L......her, Advocate and others .........Respondents Judgement February 25, 2004. Lawyers Involved: Shaheed Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Appellant  Mahmudul Islam, Senior Advocate, instructed by Aftab Hossain,..

Category: Property Law | Date: | Hits: 32

A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)

....present petitioner and others were restrained from making any katcha and pucca construction or from making any structure of any pucca building or from changing the nature and character of the suit land till disposal of the miscellaneous case. The present petitioner filed Miscellaneous Appeal No.......bsp;          Amirul Kabir Chowdhury J.-  The petitioner A.N.M. Gaziul Azim seeks leave to appeal against the judgment and order dated 03.08.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1198 of 2004 disposing the......2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1198 of 2004 disposing the rule directing both the parties to maintain status quo. 2. The facts, in brief, are that the petitioner and others instituted Other Suit No. 101 of 1985 for ejectment of the predecesso........Petitioner Vs M.A. Kader and others..........................Respondents. Judgement January 1, 2005. Lawyers Involved: Khandhker Mahbubuddin Ahmed, Senior Advocate (Mustafa Niaz Muhammad, Senior Advocate with him) instructed by Mohammad Nawab Ali, Adv..

Category: Property Law | Date: | Hits: 34

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

.... allowed by a Single Bench of the High Court Division after setting aside the judgment and decree passed by the lower appellate court decreeing the suit. The case of the plaintiffs is that the suit land bearing C.S. Plot No. 490 was part of a river during the C.S. operation of 1318 B.S. and the ......sp;                M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and decree dated 26.01.1994 passed by a Single Bench of the High Court Division in 2nd Appeal No. 1204 of 1965 allowing the appe......al No. 395 of 1963 affirming the Judgment and decree dated 29.06.1963 passed by the learned Munsif (now Assistant Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Ju......Vs. Kad Banu and others........Respondents Judgement February 17, 2004. Lawyers Involved: Shaheed Alam, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. Aftab Md. Hossain, Advocate -on-Record-For Respondent Nos. 1-3 &..

Category: Property Law | Date: | Hits: 34

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

.... as claimed by the bank was an equitable mortgage as regard tne property in question and other properties of Respondent No.3 and as such there is no occasion for the bank to be in possession of the land as security of the mortgage in question. The above being the factual position the High Court ......i, Advocate-on-Record- For the Appellant.  Fida M. Kamal, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record- For Respondent Nos. 1 and 2 A .F. Hasan Ariff, Senior Advocate, instructed by Ahsanullah Patwary, Advocate-on-Record- For Respondent ......ours on December 19, 1991 for eviction of the appellant from the property of M/s. Lazaf Commercial Corporation Ltd. at 40, Shaheed Saifuddin Khaled Road, Chittagong. 2. Facts, in short, are that the property as stated hereinbefore belongs to the Respondent No.3, M/s. Lazaf Commercial Corpo......ry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involved: Saiah Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant.  Fida M. Kamal, Additional Attorney General, instructed by Mvi..

Category: Property Law | Date: | Hits: 38