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Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
.... and it was not denied by the defendant that the plaintiff and defendant No.1 are not living in the homestead on R.S. Plot No.712 and so there was no scope for the High Court Division to decide the claim of the parties suo moto. 6. Mr.Md. Aftab Hossain, learned Advocate-on-Record, appearin.......82 of 1984. 2. The plaintiff-appellant filed Title suit No.3 of 1984 in the Court of the learned Munsif ( now Assistant Judge), Nazirpur Upazila, Pirojpur against the defendants-respondents for declaration of title in respect of several plots of land including R.S. Plot No.712 measu......he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....n one part .03 decimal of land, that recent revisional record of right has been prepared in respect of 13 decimals of land in the name of the plaintiff, that the defendants upon claiming the land in suit on the basis of the kabala dated November 25,1976 obtained from ......ession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....der dated 13.03.84. The defendant Nos.1 and 2 contested the suit by filing written statement contending, inter alia, that the suit land being a beel is the khas land of the government and the claim of the plaintiffs is vague and based on fabricated papers and further since the kabuliyat wa......olved: Omar Faruq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Amir Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 132 of 2005. (From the Judgment and order dated 22.6.2003 passed by t......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....the defendants come into possession of the suit land; the trial court held that the plaintiff is entitled to a part decree in respect of the suit plot even though no issue was framed in respect of claim of title of the plaintiff to a part of the suit land and the plaintiff also could not prove a......awyers Involved: Rabi Shankar Chakraborty, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1658 of 2004. (From the Judgment and order dated 29th June, 2004 pass...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..Category: Civil Law | Date: | Hits: 83
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....artition whereof suit for partition has been filed. 6. The trial Court dismissed the suit with the findings that the plaintiffs failed to prove the patta on the basis of which they are claiming the land in suit and that plaintiff being the heir of Hakim Jan Bibi they are entitled to ......06. Lawyers Involved: Kamal-ul-Alam, Advocate instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1183 of 2005. (From the Judgment and Order dated May 11, 2005 passed ......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ..Category: Property Law | Date: | Hits: 24
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....following day he resiled therefrom stating that he made the statement on the previous date being pressurized and although the plaintiff resiled but the same was of no effect and as such plaintiff's claim of being reinstatement like the other delinquents is of no merit. 8. The ...... Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-record-For the Petitioners Md. Nawab Ali, Advocate-on-record-For the Respondent Civil Petition for Leave to Appeal No. 1475 of 2004 (From the Judgment and Order dated August 31, 2004 passe......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....ument of Mr. Ahmed does not stand. 16. Admittedly the suit property was Non-Agricultural Property from before 1947 and the same is situated within Khulna Municipal Corporation. The defendants once claimed that they were monthly tenants under Srish Bhattacharjee and thereafter under his sons, ......y decreeing both the Title Suit Nos. 984 of 1962 and 134 of 1964. 2. Title Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 r......ed upon the defendant-appellants. 10. The case of the respondents, on the other hand, is that Srish Bhattacharjee was not a benamder of Baidyanath and he purchased the suit properties with his own money for his own benefit. On the death of Srish Bhattacharjee the property devolved upon his two so..Category: Property Law | Date: | Hits: 34
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ...... Lawyers Involved: Al-Haj Gius Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 1039 of 2002 (From the judgment and order dated 30.04.2002 passed ......such fraudulent act, the. Government incurred loss of about Taka 1 crore. Some national dailies also published the story of false destruction of raw materials and misappropriation of huge amount of money. On the basis of said report the Assistant Collector held an inquiry on 07.01.1993 and the p..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....e view that the time requisite for obtaining copy of the judgment complained of as contemplated under Section 12 (2) of the Limitation Act means the time properly required and it thus throws upon the claimant the necessity of showing that no part of the delay beyond prescribed period is due to his d......High Court Division admitting the appeal being F. M. A. No. 66 of 2005 and staying operation of the order dated 17.02.2005 passed by Artha Rin Adalat No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent...... A of the plaint of Title Suit No. 35 of 1996 renumbered as Title Suit No. 261 of 1999 and the borrower defaulted in repaying the loan and so the aforesaid bank filed the above suit for realizing the money and obtained a decree of Tk. 1,45,61,562/- and the decree holder bank instituted Execution Cas..Category: Civil Law | Date: | Hits: 132
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....reafter the respondent No.5, the Additional Deputy Commissioner (Revenue), Barisal executed and registered a lease deed in favour of the respondent No.6 on 21.01.1996 ignoring the writ petitioner's claim. Thereafter on an application of the petitioner (the present respondent No.1), the Ministry ......p; Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No. 231 of 2006 (From the judgment and order dated 06.08.2005 passed by ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
.... two years rigorous imprisonment. The plaintiff also instituted Criminal Proceedings under Section 107 being Criminal Case No. 16 of 1997 against defendant No. 5. 7. Defendant No.6, Basir Ali also claimed the suit property by way of purchase from Nasim Razzak by a registered sale deed being No.17......2007. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...Category: Tenancy Law | Date: | Hits: 180
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......n, Advocate-on-Record- For the Respondent No. 2. Civil Petition for Leave to Appeal No. 994 of 2004 (From the Judgment and Order dated January 21, 2004 pass......the particulars of the heirs of the deceased defendant No.3 (the said defendant has been impleaded as respondent No.4 in the writ petition). 2. The plaintiff Pubali Bank filed the aforesaid money suit for a decree of Tk. 78,11,629.36 with interest at the rate of 20% per annum till realiza..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....d copy of the sale deed of the case land on 11.4.1993 and came to learn definitely about the said sale and filed preemption Miscellaneous Case No. 6 of 1993 against the appellant Md. Dewan Ali claiming him as the co-sharer in the case holding alleging that said Md. Dewan Ali is a stranger-pu...... waiving his right arises. [Obiter] Right of pre-emption accrues to the pre-emptor only after the case land is sold to the purchaser pre-emptor by its owner. It does not arise before sale and any such right before sale is an inchoate and immature right. Therefore no conduct of...... Begum in the month of Agrahayan 1397 B.S. mortgaged the case land for Tk. 8,000/- to the pre-emptor Jasimuddin on the basis of an unregistered agreement on condition that on re-payment of the said money the pre-emptor Md. Jasimuddin would restore possession of the case land to her. Later on, Sal..Category: Property Law | Date: | Hits: 32
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....t land from some heirs of the C.S. tenants but in view of absence of their specific possession of the suit land and clear admission of the defendant that the defendant possessed the suit land, the claim of the defendant that he possessed the suit land and that he did not dispossess the plaintiff......structed by Sufia Khatun, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 555 of 2005. (From the judgment and order dated 2.3.2005 passed by th......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ..Category: Property Law | Date: | Hits: 23
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ...... the conviction under Section 420 of the Penal Code and enhancing the period of sentence from 3 months to 6 (six) months and fine of Tk. 1000.00 to 2000.00 in default to suffer simple imprisonment for 1 (one) month more passed by the learned Metropolitan Magistrate, Dhaka convicting the appellan......pon that the remaining taka would be paid after getting visa and confirmation of ticket. But the accused did not send the complainant to America as per that agreement. The complainant demanded his money back but the accused was killing time on flimsy grounds. On 08.10.1995 the accused executed a..Category: Criminal Law | Date: | Hits: 42
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
...., 79, 80,81 and 82 of Mouza Baipal and acquired 3.95 acres of land of Plot Nos.731, 733, 746, 749 of Ganakbari, but the petitioner in the schedule of her claim has asserted ownership on 0.15 acres of land of Plot No. 732 under Mo......sp; Fida M. Kamal, Attorney General instructed by Md. Nawab Ali, Advocate-on-record- For the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 384-388 of 2006 (From the judgment and order dated 30.08.2005 passe......e time of purchase of those lands by the petitioner and his other co-sharers those were low lying area, ditches and barren land. The petitioner and her other co-sharers had to spend huge amount of money for the development of those low lying, ditches by filling with sand, viti sand, cowdung,&nbs..Category: Property Law | Date: | Hits: 31
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......wyers Involved: M.A. Samad, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner None Represented- For Respondents Civil Petition for Leave to Appeal No. 298 of 2006. (From the judgment and order dated the 31st August, 200......r of Madhya Bazar Union Fishermen Co-operative Society Limited, Dharmapasha at a consideration of Tk. 1,80,000.00. The said Society vide D.C.R. No. 33785/15 dated 17.07.2005 deposited no the lease money for the year of 1412 B.S, for that reason the present petitioner filed this injunction petiti..Category: Property Law | Date: | Hits: 50
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....wing lease of the same in favour of some fake persons and at their instance, two persons, Motahar Ali and Mokter Ali, on the basis of two alleged power of attornies dated 28.9.1978 and 24.10.1979, claimed to be the owner of the said property but the above claim, being found to be false was rejec......ocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners (In both the cases) Not represented- Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 314-315 of 2005. (From the judgment and order dated 24.5.2007 passe......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..Category: Criminal Law | Date: | Hits: 43
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....e or whose possession has not yet been perfected into a title on the principle of adverse possession or who lost his ownership in due process of law, is not an 'owner' in the legal sense and cannot claim protection under section 6 of the Ordinance from legal process; it is true that section 3 of ....... Lawyers Involved: M. Enayetur Rahim, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 451 of 2004. (From the judgment and order dated 21.10.2003 pass......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..Category: Property Law | Date: | Hits: 60
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......air Farooq, Senior Advocate, instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 20......accused Mohammad Ali alias Shanu paid TK.50, 000.00 to P.W.2 Abdul Hye, for employment of his elder brother in Saudi Arabia but the said Abdul Hye neither sent him in Saudi Arabia nor returned his money and to get rid of such liability Abdul Hye in collaboration with Abu Taher, Abul Kashem and A..Category: Criminal Law | Date: | Hits: 40
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