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Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....had surreptiously raised a tin-shed thereon on 20 July 1962 and thus dispossessed the plaintiffs giving cause of action for the sun. 4. The defence was that the defendant had leasehold right in 16½. decimals of land including the suit land by means of unregistered amalnama dat......gment and decree dated 20 March 1988 passed by a Single bench of the High Court Division in Second Appeal No.1077 of 1966 reversing those of the trial Court and the first appellate Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......ve by the plaintiffs is directed against the judgment and decree dated 20 March 1988 passed by a Single bench of the High Court Division in Second Appeal No.1077 of 1966 reversing those of the trial Court and the first appellate Court in a suit for declaration of title and recovery of k..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ...... the judgment and order passed on May 18,1992 by the learned Additional Assistant Judge, 3rd Court, Dhaka allowing Misc. Case No. 8 of 1991, instituted by the appellant under Order IX rule 9 C.P.C. for Restoration of Title Suit No. 19 of 1991, dismissed for default on March 30, 1991. 2. D......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......e High Court Division under section 115 C.P.C and obtained a Rule, which has been made absolute by the impugned judgment and order holding inter alia, that the plaintiff could not prove before the trial Court that they had no knowledge of the transfer of the suit to the Court of Additional Assis..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....empted to argue that in view of section 47 of the Registration Act the agreement for reconveyance was subsequent to the kabala under pre-emption and so the learned Judges of the High Court Division rightly decreed the suit allowing pre-emption. 8. It appears that the trial court came to the fin......f sale (Ext.4) on 1 August 1979 which was registered on 12 September 1980 in favour of defendant No. 1 Chandra Shekhar Mallick who was a stranger to the holdings to which the suit property appertains for a consideration of Tk. 8,000/-. On 23 November 1979 when the deed of sale dated 1 August 1979 wa......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......fence case was that the deeds assailed by the plaintiff were not colourable deeds but genuine deeds. 4. On consideration of the facts and circumstances of the case and the evidence on record the trial court dismissed the suit. The unsuccessful plaintiff then took an appeal there form to the Hig..Category: Property Law | Date: | Hits: 66
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....cluded by the order of the trial court. Relying on the written objection and the deed of reconveyance the learned Single Judge held that the pre-emption case became infructuous and the appellants' right of pre-emption was extinguished as soon as the reconveyance was made. 7. Leave was gra......respondent No. 2 by a kabala which was executed on 16.5.77 and registered on 14.11.77. The pre-emptor was a co-sharer and no notice of transfer was served on him and that he has filed the case for pre-emption within 4 (four) months from the date of knowledge and he has land which added with......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......;ferred to him by the respondent No. 5 on 18.2.78 on the basis of registered deed of agreement for reconveyance executed 16.5.77 and as such the appellants cannot claimed pre-emption. 4. The trial court dismissed the Miscellaneous Case on the ground of defect of parties, the appellate cour..Category: Property Law | Date: | Hits: 34
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
...., learned Advocate appearing on behalf of the respondents submits that to file an appeal under section 43 of the Waqf Ordinance on being aggrieved by an order of the Administrator is a substantive right if the appeal is dismissed for default, an application under Order 41 Rule 19 of the Cod...... in both the appeals joint Mutwalli of the Waqf Estate. Against this order Abdul Wahab Shah Chowdhury and Abdul Quayyum Shaha Chowdhury a beneficiary preferred Miscellaneous Appeal No.129 of 1981 before the learned District Judge, Rajshahi under section 43 of the aforesaid Ordinance. Abdus Satter......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......after, the petitioner filed an application under section 151 of the Code of Civil procedure for vacating the order dismissing the Miscellaneous Case for default and for restoration of the same. The trial Court allowed the same, against which the High Court Division was moved which set aside the ..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ...... owning, possessing and enjoying the entire 'A' schedule land inclusive of the 'B' schedule land. But defendant No. 1 encroached and trespassed upon the disputed 'B' schedule land. Hence the suit for declaration of title and recovery of possession in respect thereof. 3. Defendant No.1, on the......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......do they have possession therein. Their alleged sale deeds are all forged and not acted upon. His further claim is that the suit is not maintainable and that it is also barred by limitation. 4. The trial court dismissed the suit on the findings inter alia that the plaintiffs had failed to prove th..Category: Procedural Law | Date: | Hits: 36
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....cape towards north but accused Majibur Rahman, Abdur Rahman, Zakir Hossain, Abul Hossain caught hold of victim Ruhul Amin and accused Habibur Rahman caught hold and dealt a blow with dagger on the right side of cheat of the victim causing grievous bleeding wound for which he fell down on the ear...... Md. Khurshid Alam Khan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 372 of 2007. (From the judgment and order dated the 11th day of Febr......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......ure bestowed a written statement and insisted their innocence and false implication in the case; that on 27.05.1996 at 16:30 hours a seizure list was prepared and the same was exhibited before the trial Court as exhibit-3 dated 18.05.1998 and on perusal of the said seizure list it appears that s..Category: Criminal Law | Date: | Hits: 47
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....ellate Division that: "We now find that no remedy is available to the appellant, though a gross injustice has been done to him for no fault or fetches of his own. A valuable right accrued to the appellant in law and fact should not be lost. In that view of the matter we ......peal No.164 of 1998 dismissing the appeal by the High Court Division. The First Appeal arises out of the judgment and decree dated 22.02.1998 passed in Title Suit No. 32 of 1994 decreeing the suit for Specific Performance of Contract, by the Subordinate Judge, 1st Court, Gazipur. 2. The f...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......ered from the house of Humayun and that the defendant neither received Tk. 3,80,000/- as earnest money as claimed nor did enter into any contract for sale of the suit property to the plaintiff. The trial Court framed 5 issues namely, 1. Is the suit maintainable in its present form..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......cquitting them of the charge levelled against them. 2. The prosecution case is that P.W.1 Md. Anisur Rahman, father of the deceased A.B.M. Mamunur Rashid alias Mamun lodged the First Information Report(F.I.R.) on 22.12.1987 with Naogaon police station alleging that on 22.12.1987 at a...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......pital but on the way he succumbed to his injuries and thereafter the informant having learnt about the occurrence lodged the F.I.R. 3. The accused respondent and others were placed on trial before the learned Sessions Judge, Naogaon who found the accused respondent and other accused..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....ect of 24.67 acres of nul land apeartaining to C. S. Plot No. 1474 under khatian 1/29, Touzi No. 133 of Kaliakoir Mouza within P.S. Kaliakoir Dist. Dhaka and for further declaration that record-of -right in respect of the said land is incorrect. 3. The case of the plaintiff, inter alia, w...... 1st Court, Dhaka decreeing Title Suit No. 202 of 1970. 2. Respondent No. 1 (since dead) as plaintiff instituted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for declaration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. S......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......pearance in the suit because there was no gazette notification declaring the suit property as a reserved forest. Considering the oral evidence of one P.W. Two D.Ws and the documentary evidence the trial Court decreed the suit. On an appeal, preferred by defendant respondent No. 1, the lower appe..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......002 passed by a Division Bench of the High Court Division in Civil Revision No. 2951 of 1998 making the Rule absolute. 2. Short facts are the plaintiffs instituted Title Suit No. 285 of 1980 for partition in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka, impleading ...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......hich she left 40-45 years ago the alleged service by hanging at the father's address, is not a service as required by order V rule 17 of the Code of Civil Procedure and the next submission that the trial court found that the summons was not duly served upon defendant No. 8, Ful Mehar Bibi fo..Category: Property Law | Date: | Hits: 26
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....by the impugned judgment a Division Bench of the High Court Division held that the concerned authority having failed to prove the physical incapacity of respondent No. 2 the Labour Court rightly set aside the impugned order of discharge. 7. Leave was granted to consider whether ......d and his younger brother also died in a serious accident. Due to several such family troubles he was attacked with serious diseases. On several occasions he had to avail of leave on medical ground for treatment and rest. Lastly on 10.12.89 he again fell ill and by sending a leave application wit...... grievance notice under Section 25(1) (a) of the Act he instituted Complaint Case No.11 of 1990 in the Labour Court, Khulna under Section 25 (b) thereof stating, inter alia, that till 1985 he had a fair service record. In 1986 his mother died and his younger brother also died in a serious acciden......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ..Category: Employment/Service Law | Date: | Hits: 100
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....perty to Bangladesh Petroleum Corporation under the provision of Petroleum corporation Ordinance, 1976 under which Meghna Petroleum Ltd. Was set up as an oil company having all the assets and tenancy rights of ESSO company. Thus defendant No.2 Meghna Petroleum Ltd. Became a tenant in the suit premis......e, 1997, passed by the High Court Division in First Appeal No. 122 of 1993 allowing the appeal and dismissing Title Suit No. 349 of 1987 of the First Court of Subordinate Judge, Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation. 2. T......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n the daily Ittefaq on 30.6.1987 about installation of self servicing machine on the suit land which prompted the appellant to file the aforesaid suit for ejectment and compensation. 3. Before the trial Court defendant Nos. 1 and 2 entered appearance and filed two separate written statements deny..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....e decree the plaintiff of O.C. Suit No. 35 of 1969 started other Execution Case No.22 of 1969 and obtained a kabala executed Through Court on 31.7.72 and also got his name mutated in the record of right and on payment of rent got dakilas and also realised rents from the tenants of the suit prop&......of 1973. 2. The plaintiff- the People's Republic of Bangladesh - respondent instituted O.C. Suit No. 102 of 1973 against defendant No. 1, Md. Shamsul Huda and defendant No. 2 Benode Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performanc......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......as a forged and fraudulent one. Their further case was that they were in possession in a part of the property in suit for more than 12 years and acquired title by adverse possession. 5. The trial Court by its judgment and decree dated 31.3.1980 dismissed the suit with the findings that th..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......te and consequent thereupon setting aside the judgment and decree dated 14.04.90 passed by the Subordinate Judge, 1st Court and S.C.C. Judge, Tangail in S.C.C. Suit No. 2 of 1992 , decreeing the suit for ejectment of monthly tenant. 2. The respondent was inducted in the year 1965 as an ejectable ......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......ndant is not a defaulter and that it is not correct that the plaintiff requires the suit premises for her personal use and occupation after rebuilding of the same. 5. Upon hearing the parties, the trial court decreed the suit. Defendant then took the revision before the High Court Division. The..Category: Tenancy Law | Date: | Hits: 175
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....t Roll in respect of the Properties in suit has been prepared and finally published within the meaning of Section 43 of the East Bengal State Acquisition and Tenancy Act, 1950, and the plaintiff's right to possess and manage the said properties has not been affected by the publication of th......spondent happens to be the mutawalli of the said two estates known as Ballade Wakf estates. He brought the suit against the Province of East Pakistan and the Deputy Commissioner, Dhaka praying for the following reliefs: (i) a declaration that no valid compensation Assessment Roll in ......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......2. 14. The moot question that arises there fore is whether the learned Judge of the High Court Division was justified in not affirming the order of abatement of the whole suit passed by the trial Court under article 4(2) of President's Order No. 69 of 1972 and Article 2 of President's Ord..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....n making the deposit of 50% of the decretal amount in trial court who deposited the said amount on 23.5.96 long after the prescribed period and as such the learned Judges of the High Court Division rightly rejected the Memo of appeal. 4. Mr. Abdul Wahab, learned Advocate appearing for the......Memo of Appeal, F. A. T. No. 177 of 1996, on the ground that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. 2. The relevant facts are: - The plaintiff respondent No. 1...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ......t the said money decree and it was registered as F.A.T. No. 177 of 1996. The Taxing Officer of the High Court Division detected that the plaintiff decree holder did not pay proper court fees in the trial court and accordingly by a report dated 8.5.96 the Stamp Reporter of the High Court Division..Category: Civil Law | Date: | Hits: 87
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ioner filed Civil Petition No. 517 of 1993 and obtained leave to consider whether the alleged Heba deed in favour of plaintiff respondent No. 1 was acted upon and the same was created to defeat the right of pre-emption of the appellant. Secondly, whether the pre-emtee was a co-sharer in the holdi......sion in Civil Revision No. 492 of 1986. 2. The appellant as petitioner filed an application under section 24 of the Non-Agricultural Tenancy Act, 1949 being Misc. Case No. 116 of 1982 before the Subordinate Judge, Sirajgonj for pre-emption of two decimals of land. The respondent No. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......sfer was by Heba and not by purchase. Therefore, the prayer of the appellant must fail. The pre-emptor appellant failed to prove that the Heba deed was not acted upon. Both the courts below namely, trial court as well as appellate court have wrongly found that the Heba was not completed inasmuch..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
.... consideration of the facts that the pre-emptor respondents were duly substituted as parties/defendant in the suit for specific performance of contract as such they became the transferor and had no right of preemption. 9. He further argues that the plea of lack of knowledge of pre-em......the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney failed to execute and register a kabala in favour of the pre-emptee appellant she brought O. S. No. 9 of 1975 for specific performance of on tract and obtained an ex parte decree which was executed and a......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......as they themselves transferred the disputed land by disputed kabala. She is in possession, has spent huge money for repair of the structures and for earthwork of the case land. 6. Both the trial court and the lower appellate Court concurrently dismissed the miscellaneous case. ..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....6, 1963 to the plaintiff No. 1 and the plaintiff No. 1 sold the land to the plaintiff No. 2 Sufia Khatun. It is the specific case of the Plaintiff No. 1 that defendant Nos. 1 and 2 had and have no right, title, interest and possession in the land in suit and the judgment obtained in Title suit N......nsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No. 616 of 1969 of the Court of Muns......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......efendant No. 1 in a portion of the suit property and the plaintiff No. 1 has brought the suit on the basis of fabricated documents and as such the suit is liable to be dismissed. 4. The trial Court decreed the Suit on the findings that Bishnupada granted general power of Attorney dat..Category: Property Law | Date: | Hits: 37
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