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Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
....purchase from one Mrs. Monju Rejina D-Costa but they were dispossessed from the suit land by the defendants. But they could not prove their possession and alleged dispossession by the defendants as claimed by them and that the plaintiffs must prove that the suit was brought within 12 years from t...... Judgment August 29, 2006. Lawyers Involved: Syed Mahbubur Rahmen, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 918 of 2005. (From the judgment and order dated 08.05.2005 passed by......essed the same. Thereafter, the defendant No. 3 transferred a portion of the suit land by kabala deed to one Delwar Hossain on condition that the land will be re-conveyed if the consideration money was repaid. The land was accordingly, reconvened on repayment of consideration money in the n..Category: Property Law | Date: | Hits: 32
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
....in favour of the defendants on misreading the evidence and the High Court Division also failed to consider that the suit land is a part of a bigger plot belonging to may co-shares and the claim of the defendants regarding their alleged title is dependant on proving many successive trans...... August 7, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 537 of 2005. (From the judgment and order dated 4th January, 2005 pa...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 239. ..Category: Property Law | Date: | Hits: 44
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
....ing the impugned judgment and order did not appreciate the submission made by the learned Advocate of the petitioner that both the Courts below have failed to take into account that the plaintiffs claim in the suit land is based upon a Bainapatra on the basis of which he obtained an exparte decr...... Gaffar, Advocate, (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented- the Respondents. Civil Petition for Leave to Appeal No. 797 of 2005. (From the Judgment and order dated the 16th April of 20...... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ..Category: Property Law | Date: | Hits: 29
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
....ant is possessing the land on payment of rent. The trial Court decreed the suit on the finding that the rent suit was not a genuine one and that the same was filed only to deprive the genuine claimant of the land and that there was no genuine auction sale of the land, that because of the na...... Judgment June 26, 2006. Lawyers Involved: A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. The Civil Petition for Leave to Appeal No. 90 of 2005. (From the Judgment and Order dated November 9, 2003 pass...... The suit was filed seeking redumption of the cot mortgage which was made by the kabala dated July 11, 1935. It may be mentioned that there was stipulation in the kabala in case of repayment of the money received on the execution of the kabala within the month of Magh 1346 B.S. possession of..Category: Property Law | Date: | Hits: 37
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... petitioners therefore felt constrained to file the writ petition and a Rule was issued. 3. The rule was opposed by the respondents filing affidavit-in-opposition denying the claim of the petitioners and stating further that Mrs. Rasheda Ashfaq was a non-bengali and left B......Rashid, Advocate, with him) instructed by M. G. Bhuiyan, Advocate on-Record-For the Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1621 of 2005. (From the judgment and order dated 06.07,2005 passed b......ession of the property peacefully and that they entered into agreements for sale on 14.06.1996, 09.09.1997 and 26.06.2000 in favour of the petitioner No.5 Mrs. Parveen Akhtar and took advance money from her and delivered possession of the property but to their utter surprise they came to le..Category: Property Law | Date: | Hits: 27
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......le. 2. Short facts are that respondent No.2, Agrani Bank Ltd., filed Money Suit No. 44 of 1990 impleading the appellant and 3 others as defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16,......r for issuing warrant of arrest and detention of the judgment-debtor appellant, a women, in civil prison if it (Artha Rin Adalat) considered fit and proper for the sake of realisation of money. 5. Leave was granted to consider the submission that the learned Judges of..Category: Civil Law | Date: | Hits: 111
Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)
.... acre of land in respect of the land described in schedule No.4. 2. The suit was filed seeking partition of the land as described in the schedule Nos.1,2,3 and 4 attached to the plaint claiming 1.24 acres of land from schedule 1, .82 acre of land from schedule No.2, .50 acre of land...... July 2, 2006. Lawyers Involved: Khalequzzaman, Advocate-on-record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-record-For the Respondent. Civil Petition for Leave to Appeal No. 896 of 2005. (From the Judgment and Order dated April 6, 2005 passed......ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ..Category: Property Law | Date: | Hits: 27
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
....production, processing, refining or marketing but also in its importation. Further, according to him, such interpretation would also absolve the Government from being liable for any demurrage claim by the respondents. 7. The question that calls for determination whether the impo......n No. 279 of 1994 making the rule absolute. 2. Respondent as writ petitioners filed the aforesaid writ petition challenging Memo No. 357/AP/GROUP-10/93-94/10762-CUS dated 5.1.1994 issued o...... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ..Category: Business or Commercial Law | Date: | Hits: 94
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......n, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner (In both the cases). Not represented – the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 117-118 of 2004. (From the judgment and order dated 25.8.2003 passed...... some documents which are Ext. 4 series and the 'Uma' serial of Ext.4 shows that Habibur Rahman, the cashier of the office of Deputy Director, Agriculture Extension Department, Khulna received cash money of Tk.7,24,400/- by Token No. 93/4 but the said Habibur Rahman as RW.6 deposed that he did n..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....duties of convicts (1) Md. Badrul Alam (2) Md. Enamul Huq Molla (3) Champak Kumar Biswas (4) Sk. Abul Hossain (5) Mirza Saifuddin Hasan and (6) Shah Abul Hossain who being present ordered for payment claiming the party to be his friend, and so from the evidence it is found that the petitioner and ot......na…………….Respondent Judgment March 19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No.123 of 2004. (From the judgment ana order dated 25.8.2003 passed by the Hi......zed some documents which are Ext. 4 series and 'Uma' serial of Ext. 4 shows that Habibur Rahman, the cashier of the office of Deputy Director, Agriculture Extension Department, Khulna received cash money of Tk. 7,24,400/- by token No. 93/4 but the said Habibur Rahman as P.W.6 deposed that he did n..Category: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....ts that the suit so filed was barred by limitation and the suit as framed is not maintainable. It was also the case of the defendants that the kabalas on the basis of which defendant No.96 is claiming the land are ante-dated kabalas and the same have been brought into existence during the p......ul Islam Bhuiyan, Advocate-on-Record - For the Petitioner. Md. Nawab Ali, Advocate-on-Record - Respondent Nos. 1-8. Not Represented – Respondent Nos. 9 -73. Civil Petition for leave to appeal No.630 of 2005 (From the judgement and order dated 13.1. 2004 passed by t......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ..Category: Property Law | Date: | Hits: 23
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......ructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented - Respondent Nos. 3-5 Civil Petition for Leave to Appeal No. 1521 of 2004. (From the Judgment and Order dated July 14, 2004 passed......gust 3, 1962 in favour of Nagesh Chandra Ghosh and on August 14, 1962 Nagesh Chandra Ghosh executed and registered an Ekrarnama in favour of Manada Chandra Ghosh to the effect that if the borrowed money is returned within two years, Nagesh Chandra Ghosh would reconvey the land of the aforementio..Category: Property Law | Date: | Hits: 25
Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
.... decree dated October 31, 1996 of the Additional Court of Assistant Judge, Gazipur in Title Suit No. 19 of 1992. It may be mentioned the plaintiffs filed suit seeking partition of the land in suit claiming saham for 2.37 acres. The appellate Court upon modifying the judgment and decree of the tr...... February 07, 2007. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the petitioners (In all cases). Not represented - Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1461-63 of 2005. (From the Judgment and Order dated May 8, 2005 passe...... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 956. ..Category: Property Law | Date: | Hits: 19
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
.... by metes and bounds the plaintiff petitioner prayed partition of 2.26½ acres in his favour. 4. The suit was contested by the defendant respondents stating, inter alia, that the claim of the plaintiff on the basis of deed of gift purported to have been executed by Bibi Se......Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-6 (In both the cases). Not represented - Respondent Nos. 7-39 (In both the cases). Civil Petition for Leave to Appeal Nos.1259 and 1260 of 2004. (From the judgment and order dated 27.07.2004 ...... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Petition for Leave to Appeal No. 185 of 2006. (From the judgment and order dated 05-01- 2006 passed by the......et up a Brick Field on 2.00 acres of land in the Lankhpur Mouza, Katchua, Chandpur under the name and style M/s. Tajul Islam Brick Field and he having engaged in the business, invested huge amount of money in the said business. From the Deputy Commissioner, the petitioner obtained a licence for th..Category: Environmental Law | Date: | Hits: 517
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....e possession of korfa tenant is extinguished and so after such auction sale there is no necessity to file any case against korfa tenants after issuing any notice upon them, the plaintiff No. 1 claimed portion of the suit lands on the basis of her life estate and if her claim is accepted the......rs Involved: Subhas Chandra Saha, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 1270 of 2004. (From the judgment and order dated 21st August, 2002 pa...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..Category: Property Law | Date: | Hits: 67
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....ntioned Execution case in the benami of Nim Chand Kakuria and that in fact defendant No. 14 acquired title to the land and remained in possession, that neither Nim Chand Kakuria nor his heirs claimed the land, that because of the auction sale defendant Nos. 4-11 have no title in the said la......os. 1(d), 1(e), 2(b); 2(c) & 2(e), 4(a), 4(g) (In both the cases). Not represented - Respondent Nos. 1(a)-(c), 1(f)-(h), 2(a),2(d), 3, 4(b)-4(f) (In both the cases). Civil Petition for Leave to Appeal Nos. 656 & 657 of 2005. (From the Judgment and Order dated March 14, ......ant Nos. 7-11 owned 10 gondas land of the aforementioned patta, that the land of the patta was put to auction and was purchased by Nim Chand Kartik (Kakuria) in the Execution Case No. 237 of 1943 (money execution case), that defendant No. 14 purchased the land sold in the aforementioned E..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....nt and cold storage. Section 54 of the Contract Act also provides that when the contract consists of reciprocal promises and one of them could not perform the same or that his performance cannot be claimed till the other has performed and the promissor failed to perform it, such promissor cannot ......ructed by Azra Ali, Advocate-on-Record - For the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Respondent. Civil Petition for Leave to Appeal No. 191 of 2004 (From the judgment and order dated 10th January, 2004 pas......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....ion filed by the defendant Nos. 1-3 and others in the light of the provision of Ordinance No. 28 of 1976 and the Ext. C i.e. order of the Circle Officer (Revenue) on the basis whereof it was claimed by the defendants that their petition filed under the provision of Ordinance No. 28 o......ts Judgment June 25, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 385 of 2005. (From the Judgment and Order dated March 13, 2004 passed......le evidence from the side of the defendants in support of their contention of paying installment on the basis of Ext. c, that the defendants have not filed any receipt showing payment of money on the basis of Ext. C, that defendants on the basis of fraudulent paper i.e. Ext. C entered ..Category: Property Law | Date: | Hits: 18
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
.... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ...... Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For Respondent No.2 (In both the cases). Not represented - Respondent No 1 (In both the cases). Civil Petition for Leave to Appeal Nos. 1077 & 1206 of 2006. (From the judgment and order dated 11.07.20......ns the case of the writ petitioners is that they are bonafide lessees under Rajuk by registered lease deed and they were inducted into possession and made construction spending huge amount of money and, therefore, cancellation of the lease is without any lawful authority. Their further case..Category: Property Law | Date: | Hits: 46
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