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Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......de of the plot and had been possessing the suit land by erecting small shop rooms therein, and letting out the same to their different tenants. In the CS record plaintiff’s possession was correctly recorded in respect of the suit plot. 3. Defendant No. 1 by tampering the SA record fraudulentl......…….Respondents Judgment November 17, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the pur......e Additional Deputy Commissioner (Revenue), who upon hearing the parties by order dated 24-2-82 deleted the name of defendant No.1 from the SA record and restored the name of the plaintiff bank in SA khatian No. 118 in respect of entire 0.82 acres of land. Subsequently the defendant tried to evict f..Category: Property Law | Date: | Hits: 83
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... of gift dated 27-4-70 claimed to have been executed by his uncle Haji Abdullah in favour of defendant Nos. 1-3 is forged, illegal, collusive and not binding upon them and that the suit land has been wrongly recorded in the SA Khatian to the extent of 8 annas share in the name on uncle Haji Abdullah...... dated 27-4-70 claimed to have been executed by his uncle Haji Abdullah in favour of defendant Nos. 1-3 is forged, illegal, collusive and not binding upon them and that the suit land has been wrongly recorded in the SA Khatian to the extent of 8 annas share in the name on uncle Haji Abdullah. Their ......ported in: 50 DLR (AD) (1998) 84. ...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......rty is illegal, void and not binding upon them. 2. Their case, in short, is that their mother Parbati Bala Gharami took pattan of the suit land comprising an area of 3.90 acres, from the original recorded owners. She along with her another co-sharer instituted Title Suit No. 402 of 1958 against ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: The petition is dismissed. Ves......nt and decree of Title Suit No. 402 of 1958 and the compromise petition dated 23-8-59 respectively proved their title to the sat land and that by Ext. 2 series, 21 dakhilas, the certified copy of the khatians, opened in their mother’s name on the basis of the decree of the aforesaid title suit and..Category: Property Law | Date: | Hits: 73
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....ld not prove their possession in the suit land but the lower appellate Court without considering the evidence of the DWs and without reversing the findings of possession arrived at by the trial Court wrongly reversed the decree of the trial Court in decreeing the suit and in that the learned Judge o......ty appertaining to CS Khatian Nos. 277,449 and 450. But by mutual arrangements Suburon Nessa got the entire land of the Khatian Nos. 277, 279 and 450. Accordingly, in the SA Khatian the suit land was recorded in her name. Suburon Nessa then died leaving behind her cousin Jahar Ali as her heir, who i...... is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the ......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..Category: Property Law | Date: | Hits: 74
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....ans whereas the mother has neither the means nor proper education to earn a livelihood for herself. 17. The other important ground raised for consideration was that the writ petitions were wrongly held to be maintainable in the absence of any finding that the children were deceitfully rem......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......thers………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she does not ear......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
..... There is, as such, no contradiction between paragraphs 4 and 5 of the plaint. There was no assertion in the plaint that possession was delivered after the first agreement. The lower appellate Court wrongly held that, “Paragraphs 4 and 5 of the plaint contradicts about the delivery of possession ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment Feb......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....Suit after taking necessary instructions and advice on 7-3-77. The learned Single Judge correctly found that the lower appellate Court relied upon some minor discrepancies in the evidence of PW 1 and wrongly held that the suit was barred by limitation. 10. As a matter of fact in the plaint nowhe......d kabala dated 17-10-66 is void, fraudulent, without any consideration and not binding upon the plaintiff. The plaint case is that her son defendant No. 2 on the strength of the kabala dated 17-10-66 recorded the suit land in the name of his wife, defendant No. 1, on the plea that his mother execute......l J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is dismissed. The Limi...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......a Pilot in a Commercial Airline. Evaluation of their efficiency, conduct, discipline, comprehension, initiative, zeal to work, honesty, personality and various other requirements of service have been recorded each year in their respective ACRs. That ought to be the most dominant and persuasive docum......Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others ………â€......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......have disbelieved the dying declaration of deceased Harem Sikder and acquitted the petitioners. 7. In the case, we find that there are two dying declarations made by deceased Hatem Sikder, one was recorded by PW 3 AKM Moniruzzaman Magistrate and another by PW 6 Abdul Jabbar Farazi and in both the......ame calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..Category: Procedural Law | Date: | Hits: 157
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....was lost sight of by the learned judges of the High Court Division. 7. Mr. AY Moshiuzaman learned Advocate appearing for the appellant Bangladesh Bar Council submits that the learned judges acted wrongly in passing an order of reprimand in place of debarring respondent No. 1 for practicing for f......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ....... Result: The appeal is dismissed. The Bangladesh Bar Council Cannons of Professional Conduct and Etiquette. Chapter II, Clause 4 Respondent No. 1 committed professional misconduct by filing vokalatnama on behalf of the plaintiff as well as on behalf of his son defendant in the same sui......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....buse of discretion, particularly a total disregard to the declared policy of the Government to return the land to the original owners and, as such, the learned Judges of the High Court Division acted wrongly in not setting aside the impugned order when the Government did not act fairly in this regar......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......997 BLD (AD) 321. ......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......Judgment January 22, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 56 The trial court as well as the court of appeal have not been able to find that the plaintiffs are in exclusive possession of a specific and separate share of the suit plo......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......ion of fact and this fact has been clearly asserted in the written statement of the earlier suit which was known to the present plaintiffs from before and the land covered by CS plot No. 371 has been recorded in the name of these respondents. He further submits that the earlier suit was not filed by......e is also Reported in: 53 DLR (AD) (2001) 12. ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
....High Court Division rejected the application summarily by the impugned judgment and order. 4. Mr. Nazrul Islam Chowdhury, learned Advocate for the petitioner, submits that the High Court Division wrongly construed section 561A Cr.P.C. in rejecting the application. He further submits that upon su...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ......ion. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..Category: Criminal Law | Date: | Hits: 109
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......dul Jalil that Ratan and others killed his son, PW 13 Dr. Md. Akhtaruzzaman held post-mortem examination of Munir. Apart from these eye-witnesses we also find several police officers in this case who recorded the first information report and investigated into the case including one Sub-Inspector of ......is judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......nbsp; Accordingly, the appeal is dismissed with costs. Ed. ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......y;sons armed with deadly weapons rounded up Azam Ali and started giving him blows, and that accused Mostofa inflicted Falah blow upon the victim and on this allegation F.I.R was lodged which was recorded by the officer-in-charge of the Police Station. 3. The defence case is that th......of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 94
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....correctly held that the plaintiffs had acquired valid title by adverse possession in the suit land. According to the learned Advocate this finding of fact with regard to adverse possession has been wrongly misÂconstrued by the learned Single Judge of the High Court Division and on that view wrong......Âdant No.8 Ananda after attaining majority affirmed the aforesaid sale of the suit land. During the P.S operation Ram Kumar, the maternal uncle of Abhoy Charan Dey fraudÂulently got schedule 2 land recorded in his name. Since the defendants threatened to dispossess, the plaintiffs instituted the s......ly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......ongst the selves in respect of the entire land of suit plot no. 312. In that partition suit plaintiff Moulana Serajul Haque was allotted the present suit land in his share. The plaintiff got his name recorded his name in Khariji Khatian No. 322 of 1984 and paid rent regularly. The plaintiff also got......r passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......y the plaintiff was constrained to file the present suit. 3. The defendant's case is that the suit land of C.S. Khatian No. 422 belonged to Mudhu Lal Bhowmick and others who were C.S. recorded tenants and it was transferred in favour of Uzir Mondal, the father of the defendants by un......t conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......rent for the suit land by 17 dakhilas. 11. The trial court further held that the plaintiffs filed two dakhilas granted by the landlords in their favour. But in the dakhilas the plot number and khatian number were not mentioned but those were granted by the Putia Raj Estate and there is no evi..Category: Property Law | Date: | Hits: 63
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