Judgment search - Chancery Law Chronicles

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Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

....that plot No. 99 had been an abandoned ditch and the said plot belonged to the Government khas Khatian No.1; that the plaintiff applied to the local revenue authority for getting settlement of the land of the said plot and a settlement case No.47G of 1959-60 had been started in the name of the p......r Not represented- For Respondents Judgment 27 June 2004 Civil Petition for Leave to Appeal No. 90 of 2003 (From the judgment and order dated 3rd August 2002 passed by the High Court Division in Civil Revision No. 1740 of 1995). Judgment: ...... dated 30.1.1995 adding the petitioner as a party under Order 1 rule 10 of the Code of Civil Procedure by the Assistant Judge, Galachipa in Title Suit No.90 of 1994. The suit was for a declaration that the order dated 27.11.1983. passed in 24 S.A.P.K. of 1980/81 and subsequent passing of the orde...... Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not repr..

Category: Property Law | Date: | Hits: 24

Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)

....eeing the suit for partition. 2. The respondent Nos. 1-8, as plaintiffs, instituted the above Partition Suit No.236 of 1972 praying for partition of ejmali property measuring 5.22 acres of land claiming seven annas share therein stating inter alia that the suit property originally belon..........................Respondents Judgment June 12, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XX, rule 18(2) The petitioner purchased the suit property in excess of the share of his vendor, Defendant No. 1, and his vendor was a ......t: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Ali Bhuiyan.........................................Petitioner Vs. Jahura Khatun and Others...................................Respondents Judgment June 12, 2...... June 12, 2004. The Code of Civil Procedure, 1908 (V of 1908), Order XX, rule 18(2) The petitioner purchased the suit property in excess of the share of his vendor, Defendant No. 1, and his vendor was a party to the partition suit and that suit was decreed al..

Category: Property Law | Date: | Hits: 33

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

.... Suit No. 860 of 1981 was void, collusive and fraudulent and that the plaintiff of the said suit i.e. defendant in the instant suit (Title Suit No. 22 of 1987) had no right, title and interest in the land of the said suit i.e. Title Suit No. 860 of 1981 and the plaintiff of the instant suit has righ......by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. Judgment June 20, 2005. Cases Referred to- Mahomed Golab vs. Mahomed Sulliman ILR 21 Calcutta series, 612. Flower vs. Lloy......Sulliman ILR 21 Calcutta series, 612. Flower vs. Lloyd, 10 Chancery Division, 327. Muktamala Dasi vs. Ram Chandra De and others A.I.R. 1927 Calcutta, 84 (31 C.W.N. 258).Sarat Kumar Roy vs. Dharmadas Bhattacharjee 42 C.W.N. 375. Kunjabehari Chakrabarty vs. Krishnadhone Majumdar AIR 1940 Calcutta, 489...... in: 19 BLT (AD) (2011)119. ..

Category: Property Law | Date: | Hits: 38

Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)

.... to Appeal No. 1030 of 1997 dismissing the same. 2. The plain tiff-respondent herein filed Title Suit No.252 of 1974 for declaration of his title and recovery of khas possession of the suit land and also for mesne profits stating, inter alia, that he purchased the suit land as described i......d. Ed. ...... 4 of Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988, is not maintainable. Lawyers Involved: S. M. Zillul Haque, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner. Md. Aftab Hossain, Advoc...... 1988, Order XXVI, rule 4 Review is not a matter of rehearing the Appeal as appeal is a matter of right but review is not. No new ground has been found and no new material has been placed before the Court requiring interference. The Petition having not been filed according to rule 4 of Or..

Category: Procedural Law | Date: | Hits: 71

M Sahabuddin Vs. State, 2006, 35 CLC (AD)

....on report was lodged by one Mojibur Rahman Munshi on 8-12-2001 with the Bauphal Police Station, alleging, inter alia, that there was a long standing dispute and enmity with accused Nos. 1-9 over a landed property and on the date as mentioned above while Jabbar Munshi, a cousin of informant, was ......e above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......149/140/141/324/326/307 and 302 of the Penal Code now pending in the Divisional Druta Bichar Tribunal, Barisal in respect of the petitioner only. 2. The facts, leading to this petition, are that first information report was lodged by one Mojibur Rahman Munshi on 8-12-2001 with the Bauphal ......lip;..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocate,(AKM Zahirul Hoque, Advocate with him) instructed by Syed Mahbubur Rahman, Advocate-on-..

Category: Criminal Law | Date: | Hits: 34

Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)

....gh, 1395 BS, defendant fraudulently obtained her thumb impressions on some papers and later on by using those papers brought into existence Heba-bil-ewaz deed in his favour in respect of the land measuring 1.67 acres. It is also the case of the plaintiff that she never intended to execute...... MM Ruhul Amin J Mustafizur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1...................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alijan Bepari and others 34 DLR (AD) 266; Harmes and another vs Hinkson AIR 1946......LR (AD) 266; Harmes and another vs Hinkson AIR 1946 PC 156 and Paresh Chandra Bhowmick vs Hiralal Nath and others 36 DLR (AD) 156. Lawyers Involved: ASM Khalequzzaman, Advocate-on-Record—For the Appellant. Mahbubey Alan, Senior Advocate, instructed by AKM Shahidul Huq,..

Category: Property Law | Date: | Hits: 30

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

....ebruary 28,1988 of the Court of Senior Assistant Judge, Gaibandha in Other Class Suit No. 324 of 1986 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'Ka' attached to the plaint and the structure therein. The subject matte......ahedul Islam (Md) and others..........................Appellants vs Md. Mojibar Rahman and others.........................Respondents Judgment November 22, 2005. Cases Referred to- Parsotim and others vs Lai Mohar and others 58 Indian Appeals, 254; Cecil ...... another vs Australasia Bank Ltd PLD 1966 (SC) 684 = 18 DLR (SC) 430; Sunil Krishna Banik and others vs Kailash Chandra Saha and others 1984 BLD (AD) 320 = 36 DLR (AD) 220; Mohammad Ali Akhand vs Bahatan Nessa and others 1998 BLD (AD) 50 = 3 BLC (AD) 177. Lawyers Involved: Md Fazlul......Chandra Saha and others 1984 BLD (AD) 320 = 36 DLR (AD) 220; Mohammad Ali Akhand vs Bahatan Nessa and others 1998 BLD (AD) 50 = 3 BLC (AD) 177. Lawyers Involved: Md Fazlul Karim, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Appellants. Mahmud..

Category: Property Law | Date: | Hits: 36

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......al Miscellaneous Case No. 6008 of 2005 discharging the Rule. 2. The petitioner as informant lodged a First Information Report with Habigonj Police Station on 28-1-2005 stating, inter alia, that on 27-1-2005 he along with other leaders of Awami League attended a meeting in the field of Boi......er... .........Respondents Judgment March 21st, 2006 Lawyers Involved: Kamal Hossain, Senior Advocate, (Mahbubey Alam, Senior Advocate with him) instructed by Chowdhury Md. Zahangir, Advoc..

Category: Criminal Law | Date: | Hits: 43

Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)

....aneous Case No. 193 of 1972 before the learned Munsif (now Assistant Judge) Lakshmipur under section 96 of the State Acquisition and Tenancy Act against the petitioner for preempting the case land sold in favour of the pre-emptee petitioner on 29-3-1972 staling, inter alia, that she is co-s......ismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......shmipur under section 96 of the State Acquisition and Tenancy Act against the petitioner for preempting the case land sold in favour of the pre-emptee petitioner on 29-3-1972 staling, inter alia, that she is co-sharer by inheritance from her father Bazul Haque, one of the recorded co-sharers, an...........................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. ASM ..

Category: Property Law | Date: | Hits: 38

Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)

....e Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter alia, that Md Abdur Rashid, maternal grandfather ...... and others........Respondents Judgment November 23, 2005. Lawyers Involved: Kh MS Hasan, Advocate (appeared with the leave of the Court) instructed by Md Nawab Ali, Advocate-on-Recor......bordinate Judge (now Joint District Judge), Mymensingh in Other Class Appeal No. 202 of 1997 reversing the judgment and decree dated June 8, 1997 of the Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a......p; November 23, 2005. Lawyers Involved: Kh MS Hasan, Advocate (appeared with the leave of the Court) instructed by Md Nawab Ali, Advocate-on-Record— For the Appellant. NH Khandker (absent) — For Respondent Nos. 1, 3 &4. ..

Category: Property Law | Date: | Hits: 26

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....mocratic Constitution but successful working of it requires that those responsible to make the democracy successful should discharge functions in accordance with the Constitution and the law of the land. 109. In order to make a democracy successful election of the representatives in a free......the impugned judgment and order. The parties will bear their respective costs. Ed. ......ted by SR Khoshnabish, Advocate-on-Record—For the Appellant (In both the cases). Dr. Kamal Hossain, Senior Advocate (Rokanuddin Mahmud, Senior Advocate with him), instructed by Sufia Khatun, Advocate-on-Record—For Respondent Nos. 1 and 2 (In Civil Appeal No. 54 of 2006). ......nt May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advocat..

Category: Election Law | Date: | Hits: 159

Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)

.... Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28-1-1996 at about 3-30 PM and so Abd......a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Division by same judgment and order. Both the appeals being heard together by us are disposed of by this Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle o......nd others........Petitioners vs State.................................Respondents Judgement July 19, 2005. Lawyers Involved: Md Nawab All, Advocate-on-Record—For the Appellants. Abdur Rouf, Deputy Attorney-General, instructed by Mvi Md Wahi..

Category: Criminal Law | Date: | Hits: 42

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

....ies and acquired valuable immovable properties at different places within the then East Pakistan including a property at Paribagh, Dhaka which is fully described in the schedule of the plaint. The land as described in the schedule of the plaint originally belonged to the proforma-defendant-respo......r any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... 10-4-1990 of the Subordinate Judge and Commercial Court No. 2, Dhaka in Title Suit No. 68 of 1989 decreeing the suit. 3. The petitioner as the plaintiff filed the suit stating, inter alia, that the petitioner is a private limited company registered with the Registrar, Joint Stock Companie......r Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. No..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

.... 747, Kadnon vs. U.S; (1959) AC 259 D.J. Francis Douglas Liyanage Vs. The Queen; (1965) A.C.P. 190; 1965 (AC) 172 Bribery Commissioners vs. Pedrick Ranasinghe; (1919) 64 Law Ed. 946 State of Rhodes Island vs. Metchar Palmer; US 2 Law Ed 5-8 page 135 Marbury vs. Maddison; US 4 Law Ed. 579 McCulloch v......1989). Judgment September 2, 1989. The Constitution of Bangladesh, 1972, Article 100, 107 & 142 Majority view Per B.H. Chowdhury, J: Basic structural pillars of the Constitution cannot be changed by amendment. The structural pil......dhury, J: Basic structural pillars of the Constitution cannot be changed by amendment. The structural pillars of Parliament and Judiciary are basic and fundamental. It is inconceivable that by its amending power the Parliament can deprive itself wholly or partly of the plen......thers..........Respondents (In Civil Petition No. 3 of 1989). Judgment September 2, 1989. The Constitution of Bangladesh, 1972, Article 100, 107 & 142 Majority view Per B.H. Chowdhury, J: Basic structural pillars of the Constitution c..

Category: Constitutional Law | Date: | Hits: 1934

Abul Kashem and others Vs. State, 1989, 18 CLC (AD)

....d persons on the other. He denied the defence suggestion that he had got civil cases also with Monoranjan, but when pressed hard by the defence, he said that both he and Monoranjan had purchased some lands from one Monorama Kuri and her mother Benodini, that Monorama Kuri filed Misc. Case No. 69 of ......Reported in: 41 DLR (AD) (1989) 152......erer, his remaining present in the PO not being available in the defence version has no substance. The contradictions and omissions of the prosecution evidence clearly support the defence suggestion that Halima Khatun was not killed in the manner as has been deposed. The defence case appears to be m......efence to be the actual murderer, his remaining present in the PO not being available in the defence version has no substance. The contradictions and omissions of the prosecution evidence clearly support the defence suggestion that Halima Khatun was not killed in the manner as has been deposed. The ..

Category: Criminal Law | Date: | Hits: 57

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....illage Karanshi, P.S. Itna in the District of Kishoregonj. His elder son, Bazlur Rahman, the deceased, lost his life in that incident. 4. Bazlur Rahman had purchased, along with P.W.3 Abu Taher, a land measuring 120 decimals from one Ramlal Das by a registered kabala in the month of Poush, 1368 B....... The State....................................Respondents Judgment January 29, 1989. The Penal Code, 1860 (XLV of 1860), sections 302/149 Scrutinising the evidence, offence of causing assault upon the victim resulting to his death has not been proved against Tayeb Ali and Ramjan Ali.......ee others was further convicted under s.326 of the Penal Code and sentenced to rigorous imprisonment for three years. On appeal, the High Court Division altered the conviction under section 326 to that under section 324 and reduced the sentence to two years' imprisonment and with this alteration t...... facts and circumstance of the case, the right of private defence of life was not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior A..

Category: Criminal Law | Date: | Hits: 49

Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)

....f 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never recognise.............Appellant Vs. People's Republic of Bangladesh........Respondents Judgment December 1, 1988. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No......XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never r...... section 86(1) (2) (3) as amended by the State Acquisition and Tenancy (Fourth Amendment) Order, 1972 (President's Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never recognised as req..

Category: Property Law | Date: | Hits: 42

Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)

....d the suit (T.S. 233/78) against Abdul Majid for permanent injunction in 1978 and obtained ad-interim injunction on 5.4.78 by which the said Abdul Majid was restrained from entering into the suit land. The suit itself has been decreed on 19.1.84 after the trial was over. The appellant's possessi......9) 129, 1988 BLD (AD) 157. ...... the Civil Court would be clearly untenable and unacceptable. If the appellant, was in possession in 1978 as found by the Civil Court, then for the purpose of the criminal case it was enough to hold that the prosecution evidence as to possession could not be accepted beyond reasonable doubt. The par.......................................................... Respondent Judgment November 8, 1987. Result: The appeal is allowed. The Specific Relief Act, 1877 (1 of 1877), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending agai..

Category: Criminal Law | Date: | Hits: 59

ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)

....9 was illegal and void. 3. Facts are as follows:-Plaintiff filed a title suit being Title Suit No. 198 of 1979 in the Second Court of Munsif, Chandpur, for a declaration that the lease of the suit land by defendant Nos. 1 to 3 is illegal, without jurisdiction, collusive and not binding upon the..............Respondents Judgment December 11, 1988. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration was..............................Respondents Judgment December 11, 1988. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also be presumed that the ..................Respondents Judgment December 11, 1988. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 23 Registration having been made in 1975 it will be resumed that the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration..

Category: Property Law | Date: | Hits: 56

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....�…........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appellant purchased a portion of the land from the donee and the appellant disowning such document and such contention of purchase and de......��……………………........... Respondents Judgment September 1, 1987. Remand The appellant bringing the suit challenging the deed of gift revealing lateron that the appellant purchased a portion of the land from the donee and the appellant disowning such document and such content...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Sona Mia Bepari & ors................Appellants Vs. Jamila Khatun & ors…………………………………........... Respondents Judgment September ......orted in: 41 DLR (AD) (1989) 113..

Category: Property Law | Date: | Hits: 33

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