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Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ...... Nawab Ali, Advocate-on- Record-For the Petitioners. S. R. Khoshnabish, Advocate-on-Record-For Respondent No. 5. None represented- For Respondent Nos. 1-4, 6-16. Civil Petition for Leave to Appeal No. 245 of 2006. (From the judgment and order dated the 28th November, ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......h case was in existence since in the relevant year only 78 cases in total were filed; that the judgment and order of the appellate Court below, without adverting to the reasons upon which the trial Court decreed the suit, and without proper reversal of the findings of the trial Court, was n..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. None Represented- For Respondent Nos. 2-3 Civil Petition for Leave to Appeal No.723 of 2005. (From the judgment and order dated the 27th March, 2005......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......ate-on-Record, appearing for the petitioner submitted that the High Court Division committed error of law in allowing the appeal and thereby setting aside the judgment and decree passed by the trial Court without averting the findings of the trial Court as per mandatory provisions of Rule 31..Category: Banking Law | Date: | Hits: 97
Lala Ghand Sarder Vs. Abdul Huq and othÂers, 2007, 36 CLC (AD)
.... the conclusion that the lands of Plot Nos. 94, 95, 96, 101 and 104 are contiguous to the case plot Nos.97, 98 and 99 of schedule No.3 of the preemption petition. So, the Court of Appeal below rightly allowed the preemption in respect of land of schedule No.3. 6. It is apparen...... Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented- Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 232 of 2006. (From the judgment and order dated the 11th December, ......stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......e; that the present value of the case land would be Tk. 50,000.00 so the case was not maintainable without depositing of increased value of the land and costs of improvement and the trial Court by judgment and order dated 28.11.1985 allowed the pre-emption in respect of property N..Category: Property Law | Date: | Hits: 20
Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)
....the connected materials on record. We are of the view that the High Court Division upon correct assessment of the materials on record and appreciation of law arrived at a correct decision and rightly discharged the rule. There is therefore no warrant in law to interfere with the same. ....... Lawyers Involved: Maqbul Ahmed, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 246 of 2005. (From the judgment and order dated 9.11.2004 passed by......ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ......case and submitted charge-sheet against the petitioner and others under section 156(8) of the Customs Act read with section 25B of the Special Powers Act, 1974. 4. The case came up for trial before the Special Tribunal (Additional Sessions Judge, 2nd Court), Chittagong and was..Category: Criminal Law | Date: | Hits: 34
State Vs. Md. Rafique, 2007, 36 CLC (AD)
....at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......wyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 84 of 2005. (From the judgment and order dated 22-08-2004 passed by......in Death Reference No.48 of 2001 with Criminal Appeal No.3750 of 2001. 2. The fact, leading to this petition, are that one Setara Begum daughter of informant P.W.1, Shamsul Alam, had love affairs with Md. Rafique, the sole accused in the case, from long before. On 06-01-1999, the said Set...... of the Penal Code on the basis of materials available on record. The charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. 5. The learned trial Court, in consideration of evidence on record as well as facts and circumstance of the case,..Category: Criminal Law | Date: | Hits: 22
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......ner. Khondaker Mahbub Hossain, Senior Advocate, instructed by Mrs. Safia Khatun, Advocate-on-Record-For the Respondents. Not represented-Respondent Nos. 3-50. Criminal Petition for Leave to Appeal No. 164 of 2005. (From the judgment and order dated 27-07-2004 passed b......the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......d-petitioner and others on dock under Sections 302/149 of the Penal Code on the basis of materials available on record and read it over to them on dock to which they pleaded not guilty and demanded trial. 7. After close of the prosecution witnesses, the accused on dock were examined u..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....ithout examination of witnesses. 9. In view of such facts and circumstances of the case, it appears that the High Court Division has correctly assessed the materials on record and rightly discharged the Rule, which deserves no interference by this Division. In the result, the ap......ld pay Tk. 6,00,000/- and the balance amount would be paid in 6 equal monthly installments. The accused-appellant failed to keep his commitment as per the undertaking and thereupon the informant through lawyer served a legal notice on May 11,1998 and the accused-appellant replied to th......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ...... pay the money in installment amount to admission having misappropriated the value of cement taken earlier is of civil nature is question of fact which may be proved by adducing evidence before the trial Court. 8. Lastly the question for the trial to consider after assessing the evidence o..Category: Criminal Law | Date: | Hits: 32
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....es to the Union Parishad. In this regard, the defendant No.1 claimed that the documents relied upon by the plaintiffs not being genuine and, therefore, not acted upon, the plaintiffs have not right, title, interest and possession of the suit lands. 4. The learned Assistant Judge, Raj...... Judgment November 14, 2007. Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 478 of 2006 (From the judgment and order dated 03-08-2005 passed by......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......District Judge, 1st Court, Rajbari, which was transferred to the Court of learned Joint District Judge, who upon hearing the parties allowed the appeal and set aside the judgement and decree of the trial Court. Being aggrieved and dissatisfied thereby, the plaintiff-respondents preferred Civil R..Category: Property Law | Date: | Hits: 37
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d unless reversed by the court of appeal in accordance with law the High Court Division will not interfere with such finding on facts. 13. In the instant case the High Court Division rightly held that comparison was done with authority of the court under Section 73 of the Evidence ...... A. Y. Mosihuzzaman, Advocate instructed by Mr. Md. Nawab Ali, advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1589 of 2006 (From the judgment and order dated 14.05.2006 passed b......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ...... the aforesaid kabala deed dated 01.08.1987 on receipt of consideration money from the defendant-opposite party tendering possession to him. Hence the suit was liable to be dismissed. 5. The trial court on consideration of the evidence on record and hearing the parties decreed the suit. ..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....;late Court after discussing the evidence, both oral and documentary, elaborately and after proper assessment of evidence on record came to the finding that the plaintiff had been able to prove his right title and possession in the suit land and further the concurrent finding of facts shoul...... by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2. Civil Petition for Leave to Appeal No. 697 of 2007. (From the judgment and order dated 25.1.2007 passed b...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ....... 5. We have heard the learned counsel of the petitioner, and perused the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the trial Court decreed the suit holding that the plaintiff claimed his title on the basis of deed of s..Category: Property Law | Date: | Hits: 25
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....im and the possession was also delivered to him. He, being the absolute owner of the said land contiguous southern plot No.12754, mutated his name and by paying regular rent he has been exercising right, title and possession over the same land. By developing the said land he built his resid......ammad Abul Bashar, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1393 of 2006. (From the judgment and order dated 28.11.2005 passed ......le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ...... limitation. The claim of the petitioner as a tenant holding land contiguous to the case land was also not correct and hence the pre-emption case was liable to be dismissed with case. 4. The trial court allowed the pre-emption case by judgment and order dated 28.02.2000 and on appeal the ..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ...... Judgment February 5, 2008. Lawyers Involved Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.77 of 2006. (From the judgment and order dated the 3rd August, 2005 ...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......g for declaration of title to unspecified portion of an undivided plot of land is not maintainable without a prayer for partition; that the plaintiff is found to be out of possession; that the trial Court's finding on possession is supported by the evidence on record; the plaintiff Nos.3 and..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-22. Civil Petition for Leave to Appeal No.1507 of 2006. (From the judgment and order dated 29.03.2006 passed b......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......h as Nanibala, Kiron Bala and Promila Bala (who are still living) are necessary parties. Hence the petition is liable to be rejected. 4. Upon consideration of the pleading of the parties the trial court framed only one issue whether the pre-emptors are entitled to an order of pre-emption u..Category: Property Law | Date: | Hits: 28
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......e Petitioners. Not represented- the Respondents. Civil Review Petition No. 122 of 2008. (From the judgment and order dated 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No.1642 of 2007. Judgment &nb......ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......o. 1609, 0.02 ½ acres of plot No.1612 by registered deed dated 17.01.1983 to the defendant No. 29 and the said defendant has been in physical possession of the said land. 7. The trial court initially dismissed the suit and on appeal by the plaintiff the judgment of the trial ..Category: Property Law | Date: | Hits: 28
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....at of drum on 11.04.1983 and the defendant No.1 mutated his name vide Misc. Case No.1338/1982-83 and since then the defendant No.1 has been possession the suit land and Girish Chandra Datta had no right, title and when certificate proceeding was started the father of plaintiff No.1 sold his 1 an...... 7, 2008. Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Civil Petition for Leave to Appeal No.753 of 2006. (From the judgment and decree dated 25.10.2005 passed b...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... 7. The learned Advocate for the petitioner submits that the High Court Division is not justified in decreeing the suit without sending back the case either to the appellate court or to the trial court inasmuch as the present revision case has been filed by the defendants against the rema..Category: Property Law | Date: | Hits: 26
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......rt Division in First Miscellaneous Appeal No. 613 of 1991. 2. The appellant instituted Title Suit No.153 of 1982 in the Court of Subordinate Judge (now Joint District Judge) 1st Court, Dhaka for specific performance of contract. The above Court having found that the summons of the above su...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......991 dismissed the miscellaneous case holding that the same is barred by limitation. Then the High Court Division, by the impugned judgment, allowed the appeal upon setting aside the judgment of the trial court and restored Title Suit No. 153 of 1982 to its file and number. 3. Leave was gra..Category: Civil Law | Date: | Hits: 71
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......the sale was served upon the pre-emptor. It was the pre-emptor's claim that the land so transferred to the pre-emptee is homestead with adjuncts not connected with agriculture. 2. The prayer for pre-emption was contested primarily on the ground that the Miscellaneous case filed under secti......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......d took place by 2 deeds and that as the pre-emptor has not filed 2 separate cases for that two transactions, the prayer for pre-emption so sought in a single case is not maintainable. 3. The trial Court framed issues as to maintainability of the Miscellaneous case under section 24 of the N..Category: Property Law | Date: | Hits: 30
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....d specific remedy under the law but instead they filed a petition under Sections 151/152 of the Code of Civil Procedure and the trial court wrongly allowed the same and the High Court Division has rightly set aside that order and rightly held that the petitioners had no remedy under S...... Petitioner. Mahmudul Islam, Senior Advocate, instructed by Mahbubur Rahman, Advocate-on Record- For the Respondent No. 1 Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1001 of 2004. (From the judgment and order dated 11.01.2004 passed b......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ...... that after a final decree was passed against the petitioners they had specific remedy under the law but instead they filed a petition under Sections 151/152 of the Code of Civil Procedure and the trial court wrongly allowed the same and the High Court Division has rightly set aside that order a..Category: Property Law | Date: | Hits: 37
State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)
....t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ......wyers Involved: Abdur Rouf, Deputy Attorney General, Instructed by Mr. B. Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.418 of 2005. (From the judgment and order dated 18.04.2005 passed by ......t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ......Awal Hossain heard narration of the occurrence and lodged F.I.R. on 07.10.1989. 3. Police on completion of investigation submitted charge sheet under sections 302/326 of the Penal Code. The trial Court on consideration of the materials on record convicted the accused under sections 302/32..Category: Criminal Law | Date: | Hits: 48
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....it. Land of C.S. Khatian No.252 has been recorded in S.A. Khatian Nos.439, 600,509,694 and 508. In the S.A. Khatian the suit land has been wrongly recorded in the name of the defendants who have no right, title and possession in the suit land. Hence the suit for declaration of their title. ......on No.3194 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge (now joint District Judge), Barguna for declaration of title to the suit land measuring 10.47 acres out of 13.14 acres of land stating,......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......es. The said auction purchase was set aside by the decree passed on 31.12.1966 in Title Suit No.119 of 1965. The plaintiffs have no got right, title and interest in the suit property. 4. The trial court on consideration of the materials on record dismissed the suit. On appeal being Title A..Category: Property Law | Date: | Hits: 28
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