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Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....the appeal filed against those of dated 31.10.92 of the learned Subordinate Judge (now Joint District Judge), Jhalakati passed in Title Suit No.49 of 1990 declaring that the plaintiffs have no right title and interest in the suit land. 2. Facts, in brief, are that the petitioners, as......s Judgment October 13, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1026 of 2007. (From the judgment and order dated 22.3.2007 passed by ......ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......High School, who used to know the signature of defendant No.1 issued a certificate Ext.5 wherein the date of birth of Gopal Chandra the defendant No.1 was shown on 30.4.1950 and so the trial Court disbelieved the taking of pattan by the defendant No.1 in the year 1354 B.S,..Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....ule 'Ka' to the plaint from the defendant No.1 after declaring those properties as vested. The property shown in the schedule to the plaint cannot be declared vested and the plaintiff has got valid right, title, interest and possession in those properties. Therefore, the plaintiff was constraine......ed: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1789 of 2007. (From the judgment and order dated 15th I May, 2006 pas......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......o. 5(Suja)/1970-71, their interests were declared vested and the defendant No.1 has since leased out the same to the defendant Nos.4-25. Therefore, the suit is liable to be dismissed. 4. The trial Court on consideration of the materials on record decreed the suit in part in respect of 1/3..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....j passed in Other Class Suit No.69 of 1982 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, instituted the above suit on the averments that he is the rightful owner of the suit property which he got by purchase from the proforma defendant No.2 vide ......Lawyers Involved: Sayeeda Afsar Jahan, instructed by B. Hossain, Deputy Attorney General, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 248 of 2007. (From the judgment and order dated 6th and 7th August 2...... adult and married who having been living in separate mess independently continuously since before 20th day of February, 1972 with his wife, son and others shall be deemed to be separate fairly and as such the plaintiff, being an adult and married and living in a separate mess from his......operties of the plaintiff, mutation khatian of the plaintiff, the registered deed Nos. 21401 dated 28.8.1969, 21960 dated 9.9.1969, 10516 dated 18.9.1969 in the name of the plaintiff and the trial Court after taking evidences found that the plaintiff is the head of his separate fami..Category: Property Law | Date: | Hits: 26
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ...... (From the judgment and order dated 04.12.2007 passed by this Division in Civil Petition for Leave to Appeal No.1055 of 2006.) Judgment &...... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......2-3 have collusively set up the pre-emptor respondent to file the Miscellaneous Cases to make wrongful gain and so the petitioners prayed for dismissal of the Miscellaneous Cases. 5. In the trial court of learned Assistant Judge both the Miscellaneous Cases were heard analogous and the p..Category: Property Law | Date: | Hits: 24
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....itle Suit No.79 of 1998 for specific performance of contract by way of re-conveying by the defendants the suit land in his favour on the averments that he was owner of the suit land by way of jote right and while in possession and enjoyment of the suit land he proposed to sell the same and the d......d by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Petition for Leave to Appeal No. 275 of 2008. (From the judgment and order dated 24.9. 2007 passed b......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......n transfer was renumbered as Civil Revision No.1318 of 1999 and after hearing the High Court Division upon setting aside both the judgment and decrees of the Courts below sent back the suit to the trial court on remand for fresh trial; thereafter after fresh hearing by judgment and decree dated ..Category: Procedural Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469.......e-on-Record-For the Petitioner. Mahmudul Islam, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-18. Civil Petition for Leave to Appeal No. 245 of 2007. (From the judgment and order dated 28.8.2006 passed by the H......ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469.......al gift dated 15.12.1973 has not been substantiated as the defendant No.1, failed to prove the oral gift by the evidence of D.W.5 who deposed that he did not see the mother of defendant No.1 both the trial court as well as the appellate court below also concurrently found that the oral gift dated 15..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....averments that Jagabandhu Shil was the owner of the suit land and after his death his three sons Krishna Kanta, Protap Chandra and Nishi Kanto owned the suit land in equal shares and the record of right in R.S. Khatian No.1135, shich included Plot Nos. 6550 and 6551, was also prepared in th......Petitioners. Abdul Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-21. Civil Petition for Leave to Appeal No. 598 of 2006. (From the judgment and order dated 30.6.2004 passed by ......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......defendant Nos.1 and 2 by kabala dated 18.4.1979 and the defendants Nos.1 and 2 possessing the suit land and the plaintiffs have got no right, title, and possession over the suit land. 3. The trial Court, after hearing, decreed the suit. On appeal and the learned Additional dist..Category: Property Law | Date: | Hits: 34
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......inal Appeal No. 1928 of 1997 and Jail Appeal No. 2069 of 1997 & 4 and 5 of 2001). Judgment Mohammd Fazlul Karim J.- Accused Appellants Abdul Aziz and other filed Criminal Petition for Leave to Appeal No. 139 of 2001 against the judgment and order dated 2.11.2002 passed in Death ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......ge against the accused persons under section 3237 3247 3027 347149 of the Penal Code. 5. That the prosecution examined 18 witnesses in support of its case and defence examined none. That the trial Court by its judgment and order dated 8.10.1997 convicted the petitioners under section 323/3..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....rfered with but to meet the cause of justice we find it a fit case for interference with the order of acquittal of the accused respondent. We have no hesitation to hold that Nuru Mira had been rightly convicted for the murder of Amjad and that reversal of his conviction by the appellate Cou......ivision in appeal acquitting the accused, respondent Nuru Mira, who was convicted earlier by the Additional Sessions Judge, Barisal, under section 304 of the Penal Code and sentence to imprisonment for life, The impugned order and judgment of the High Court Division is dated 9 January 1986 in Crl......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......akerganj and lodged a first information report within 2 hours whereupon the police moved into action, and after completing investigation, sent up 20 accused persons holding respondent Num Mira for trial in the Court of Session. The learned Additional Sessions Judge framed a common charge ..Category: Criminal Law | Date: | Hits: 44
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......l No. 14 of 1998 (From the Judgment and order dated 04.02.1998 passed by the High Court Division in Criminal Appeal No. 1445 of 1997). Judgment Amirul Kabir Chowdhury J.- The informant appellant Abdus Sobhan has filed this appeal with the leave of the Court against order dat......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ..Category: Criminal Law | Date: | Hits: 29
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....aid judgment. But the respondents did not take any objection to the said judgment, rather it has been noticed that they supported the view taken by the High Court Division and, in our opinion, rightly. The decision in Mujibur Rahman's case was correct because of the provisions of article 102......s the Administrative Appellate Tribunal, Dhaka and the extra-ordinary judgment which has been impugned in this appeal was passed by it on 11.4.94 in Appeal No. 43 of 1989. 2. Facts material for the purpose of disposal of this appeal, briefly, are that the appellant who was a Superint......urt Division was passed without jurisdiction. The question of maintainability was also raised in the writ petition and the learned Deputy Attorney General who was representing the respondents fairly conceded the settled position of law as referred to above. Not only that the learned Deputy ......High Court Division for the view it has taken. 17. It is true that the word 'hearing' in the context of certain enactments has been interpreted in a broad sense to cover the entire stage of trial and not in the restricted sense of only a particular stage beginning with the examination of ..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....nger-purchasers without serving notice upon the appellant and the appellant by instituting pre-emption case got those lands pre-empted in her fabour. The present transfer is a devise to defeat the right of pre-emption of the appellant by creating a deed of exchange. Respondent No. 2 on 19.1......king the Rule absolute issued in Civil Revision No. 863 of 1994. 2. The appellant instituted Miscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by ......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......in revisional jurisdiction in Civil Revision No. 863 of 1994. The learned Single Judge after hearing the Rule set aside the Judgment and order of the lower appellate court and restored that of the trial court and made the Rule absolute. 6. Leave was granted to consider whether the High Co..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... No. 2114 of 1990, discharging the Rule. 2. The respondents as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for declaration of an easement right over the suit pathway, confirmation of possession and also for permanent injunction res......igh Court Division in Civil Revision No. 2114 of 1990, discharging the Rule. 2. The respondents as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for declaration of an easement right over the suit pathway, confirmation of possession an...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ....... As the defendants started constructing a gate-way at the entrance of the suit pathway the plaintiffs, along with the filing of the suit, filed an application for temporary injunction and the trial Court by order dated 31-10-87 directed the parties to maintain status quo. On 3-12-87, the tr..Category: Procedural Law | Date: | Hits: 64
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......rhat in Other Class Suit No. 36 of 1985, dismissing the suit. 2. The plaintiff-respondent Md. Mujal Mollah (substituted by his heirs and successors since his death) instituted the suit for a declaration that four kabalas are null and void and not binding upon him. He averred that the......n him. He averred that the suit land originally belonged to him. Defendant No. 1 had been residing in his house as a Jaygir since long. The plaintiff trusted defendant No. 1 in managing his affairs. Defendant No. 1 obtained an employment at Dhaka and attained solvency. In such a climat......and sister. The khatian numbers are 226 and 227.Defendant No. 1 has installed tube-well, constructed toilet and homestead and is living in the suit land with his family members. 4. The trial Court noticed the cross-examination of the plaintiff as P.W. 1 that at the time of deposition..Category: Property Law | Date: | Hits: 34
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......f complaint on 11.12.2000 in the Court of the learned Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the respondent No. 1 Abdus Salam took loan of Tk. 1 lac from the appellant for three months but he did not refund the money on time and, therefore, the appellant repeatedly ...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... his statement issued warrant of arrest against the respondent under Section 138 of the Negotiable Instruments Act and that the respondent appeared before the Court and was released on bail. During trial charge was framed against the respondent under Section 138 of the Negotiable Instruments Act..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ...... of Sahiduzzaman, hi which he stated that accused Respondent No. 2 Md. Abdur Rahman attacked him and struck on his abdomen, hand and head with broken handle of a chair causing fractures on his head for which he was treated at the Combined Military Hospital. On the same day C.S. witness No. 16 S. ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......l. Misc. Case) along with twenty-six others were charge sheeted for the commission of offence punishable under sections 148/149/325/326/307/302/114 of the penal Code. They are waiting for trial in Sessions Case No. 120 of 1993, before the Court of Additional Sessions Judge, Dhaka. ..Category: Criminal Law | Date: | Hits: 44
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....n January 8, 1976 in his name. It has also been alleged in by the Respondent No.2 that on the basis of the said forged deed the appellant has taken steps for insertion of his name in the record of right and that also is trying to dispossess the complainant from the land owned and possessed by hi......, by the accused is against the judgment and order of June 14, 1998 passed by a Bench of the High Court Division in Criminal Miscellaneous Case No. 160 of 1995. The High Court Division by the aforesaid order discharged the Rule. The Rule was obtained upon an application filed under section ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......sued summons on December 11, 1993. In compliance of the summons appellant appeared before the Court of Magistrate, Satkhira on January 15, 1994 and obtained bail. Thereafter the case was fixed for trial on May 14, 1994. The appellant filed an application seeking stay of the C.R. Case before the ..Category: Criminal Law | Date: | Hits: 50
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....the suit land, the M. R. O. R. khatian has been prepared in the name of the plaintiff's vendor Bashirullah. The plaintiff has mutated his name and has been paying rent. The defendants have no right, title and interest in .7 acres of land of khatian No. 5. Hence the suit. 3. Defendan......it and reversing those dated 30-1-86 passed by the learned Munsif, Dagan Bhuiyan, District Feni in Title Suit No. 153 of 1984, decreeing the suit. 2. The plaintiff respondent filed the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khati......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ...... acres out of .7 acres of land of plot No.202. 4. The plaintiff examined 8 witnesses and the defendants examined 7 witnesses and both sides exhibited various documents. The trial Court found title in favour of the plaintiff on consideration of Hamid Ali's document of sal..Category: Property Law | Date: | Hits: 33
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....m with lathi whereupon he felt down on the ground and then accused Tofazzal dealt a khunti blow on the head of the Khairul; accused Lutfar Rahman inflicted a knife blow on the lower portion of the right eye of Ishaque which caused grievous injury and disfigurmerit of his face; on hearing their o...... Judgment June 15, 2008. Lawyers Involved: Syed Mahbubar Rahman Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 278 of 2007. (From the judgment and order dated 18th & 21st Janua......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......rs tried to enter into the house of Shafu Mondal to which the family members of the accuseds raised objection and then a clash took place where victim Saidur Rahman and others were injured. During trial the prosecution examined 20 witnesses and the defence examined none. After hearing the l..Category: Criminal Law | Date: | Hits: 97
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......iminal Appeal No.4314 of 2004. 2. The prosecution case, in short, is that the deceased Shefali Begum, daughter of P.W.2 Nasim Sheikh was married to condemned-petitioner Mirajul Sheikh before 21 days of the date of occurrence and accordingly Kabinama was registered on payment of Tk. 20......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......and 2 other accused under sections 11(Ka), 4(1)/30 of the said Act and it was read over and explained to them to which they pleaded innocence and claimed to be tried. 6. During the course of trial prosecution examined as many as 8 witnesses including P.W.4, Dr. Ajoy Kumar Sarker who c..Category: Criminal Law | Date: | Hits: 86
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