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AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. .........Respondents Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is ne......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......e by the plaintiff also met its natural death. 9. Thereafter the High Court Division by the impugned judgment and order allowed the appeal, setting aside the judgment and decree of the trial Court and dismissed the suit. 10. Hence is this appeal. 11. Leave was gra..Category: Procedural Law | Date: | Hits: 173
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... the defendant No.1 by kabala dated 30.04.1991 purchased 2½ kathas of land from Ashraf Uddin and that the defendant No.1 has been residing in the suit land and the plaintiffs having no right, title and possession the suit was liable to be dismissed. 5. The trial court after re...... the Petitioner. Not represented-the Respondents. Civil Review Petition No. 31 of 2006. (From the judgment and order dated 19.03.2006 passed by this Division in Civil Petition for Leave to Appeal No. 1196 of 2003.) Judgment ...... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......of land from Ashraf Uddin and that the defendant No.1 has been residing in the suit land and the plaintiffs having no right, title and possession the suit was liable to be dismissed. 5. The trial court after recording evidence of six witnesses of the plaintiff and four witnesses from the ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
.... plaintiff was considered by the trial Court illegal for which there was no basis, nor said finding was made on the basis of any material legally brought on record by the defendants, that record of right stands in the name of the plaintiff and he is paying rent, that there was local inspection a......Advocate-on-Record—For the Petitioners. Md. Aftab Hossain, Advocate-on-record—For the Respondent No. 1. Not represented—Respondent Nos. 2-18. Civil Petition for Leave to Appeal No. 268 of 2005. (From the Judgment and Order dated March 30, 2004 passe......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......e any written statement in denial of the averment made in the plaint, and did not examine any witness, nor contested the suit by cross-examining the witness examined by the plaintiff. 5. The trial Court dismissed the suit on the finding that the plaintiff has no title in the land in suit a..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....d 'Rastrio Sammani Bhata' under which they were allowed to receive a sum of Taka 2004 each, on monthly basis, effective from 1-1-1999, The case of the petitioners are that they accrued the vested right to receive 'Rastrio Sammani Bhata' which cannot be taken away." ...... Not represented—the Respondent Nos. 5, 8-12 (In Civil Petition No. 1161 of 2007). Not represented—the Respondents (In Civil Petition No. 1157 of 2007). Civil Petition for Leave to Appeal Nos. 1157-61 of 2007. (From the Judgment and Order dated June 7, 2007 pa......anifests from the nature and kind of the action complained of and is evident from the materials on record. The materials in the paper books clearly demonstrate that the action was anything but not fair since the writ petitioners were deprived of the benefits, which they acquired upon establishme......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....aintiffs and the defendant No.1 became the co-sharers in respect of 'Ka' schedule land, that the defendant No.1 was entrusted to look after the land and to take steps for preparation of records of right and that he assured the plaintiffs that the records of right have been prepared correctly and...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Abdul Kashem, Advocate-on-Record—For the Respondent Nos. 1-2. Not Represented—Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 621 of 2007. (From the Judgment and Order dated December 11, 2006 pa......tlement was prohibited long before i.e. in 1955, by the private person and the said fact demonstrates that defendants were ought to grab the share of the plaintiffs by resorting to the acts whether fair or foul or that legal or illegal and in furtherance thereof they placed before the Court the ......t of land of Plot No. 665 has been prepared wrongly in the name of plaintiffs and defendant No.1, that on the death of Moksed defendant Nos. 21-26 inherited the land of Moksed. 7. The trial Court on consideration of the materials on record dismissed the suit upon observing: ..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....n Ali to own and possess 0.47 acres of land from the aforesaid land auction-purchased by him. The said land was wrongly recorded in the name of defendant Nos. 1 and 2 and Ramjan Ali. The record of right was wrong and without any basis. 5. The defendant-appellant before this court conteste......passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land whi......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ....... 2305 of 1997 making the Rule absolute and thus decreeing the suit by setting aside the judgment and decree passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....laintiffs are in possession upon the suit schedule land and they acquired title over the same under section 54 (A) of the Transfer of Property Act. The defendant Nos. 2 to 14 have got no right, title, interest and possession over the suit land but they have fraudulently managed to have......sp; December 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......e over the suit land. Hence the plaintiffs filed the present suit for declaration of their title. 3. The defendant did not appear in the suit in spite of due notice and, as such, the learned trial Court took up the suit for ex parte hearing and by Order No.1 dated 23-3-1991 the trial Cour..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ...... Divisional Special Judge, Khulna in Special Case No.4 of 1993 on the allegation that Dhaka General Post Office sent Motor Driving Licence and Motor Vehicle Stamp in three parcels worth Taka 1,44,475 for delivery to Narail Treasury Officer via Jessore RMS Office and the accused Nurul Amin was then s......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......ed, charge sheet was submitted against them on 27-10-1992 under sections 409/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act (Act II of 1947). 4. The case being sent for trial it was registered as Special Case No.4 of 1993 and the learned Divisional Special Judge, Khuln..Category: Anti-Corruption Laws | Date: | Hits: 173
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....come within the purview of Emergency Ordinance, 2007 and the Emergency Power Rules, 2007 and the learned Judges of the High Court Division considering the facts in issue and law involved in the case, rightly and lawfully issued Rule Nisi in the writ petition invoking original jurisdiction and stayed......tion, since he was, in any respect, not fleeing or running away from the law or the Court, or avoiding process of the Court. 2. It was contended from the side of the appellants that in the first information report offence alleged against the writ petitioner is a cognizable one and, as such, being......d against him till then. 21. In both the writ petitions rule Nisi was issued calling upon the respondents, Anti-Corruption Commission and the Government of Bangladesh in the Ministry of Home Affairs, to show cause why initiation and continuation of proceedings in the aforesaid two Anti-Corrup......hey were tried by the Assistant Sessions Judge and the Special Tribunal Judge, the Additional District Magistrate granted them bail. At the time of framing charge both the accused were absent and the trial was held in absentia and they were convicted and sentenced as above. Against the aforesaid, co..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......0, 2008. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 1565 of 2007. Judgment Mohammad Fazlul Karim J.- This petition for Lea......petitioner was "Lock and key", the respondent No.1 of the election petition has been contesting the election petition by filing a written objection contending that the election took place peacefully, fairly and there was no rigging of casting of false votes in the names of dead persons. 3. The pe...... the petitioner has established a proper foundation for recounting of ballot papers. The respondent No.1 of the election petition seriously contested the plea of recounting of ballot papers 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by ju..Category: Election Law | Date: | Hits: 159
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......D) 60. Lawyers Involved: Khan Saifur Rahman, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Represented–the Respondent. Criminal Petition for Leave to Appeal No. 151 of 2007. (From the judgment and order dated 16-03-2006 passed by...... 44 DLR (AD) 60. He then submits that the learned Judges of the High Court Division failed to consider the absence of any allegations of specific over act against the petitioners, which provided unfair and wrongful opportunity to the prosecution through which specific allegations were const......ion 161 of the Code of Criminal Procedure and finally submitted charge-sheet against 23 accused including the present petitioners. 4. The case record ultimately came to the file of the trial Court (Additional Sessions Judge, Cox's Bazar), who framed charge against 27 accused under Se..Category: Criminal Law | Date: | Hits: 22
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....P.S. Patharghata, District-Barguna originally belonged to Kashem Ali in 4 annas share, Hemej Uddin and Kanchan Khan in 5 annas 10 gondas share each and Khatijan Bibi in 1 anna share in the reiyati right. Kanchan Khan sold .80 acre of land out of R.S. Khatian No. 395 to the plaintiff by registere......ers Involved: Subhas Chandra Saha, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 971 of 2005. (From the judgment and order dated 11.05.2005 passed by......ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ......s accordingly prepared. The plaintiff's kabala was collusive and forged and the S.A. Khatian recorded owners were not made parties in the suit. So the suit is liable to be dismissed. 4. The trial court decreed the suit. Being aggrieved the defendants preferred Title Appeal No.11 of 1998 a..Category: Property Law | Date: | Hits: 24
Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)
....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......008. Lawyers Involved: Shah Miron Alam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1184 of 2007. (From the judgment and order dated 29.5.2007 passed by......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......to appreciate and consider that the plaintiffs of Other Class Suit No. 105 of 1998 admittedly claimed 8 annas shares out of 62.66 acres of land for which the plaintiffs sought for partition but the trial court illegally allowed 42.58 acres of land to the plaintiffs on account of the forged and fr..Category: Property Law | Date: | Hits: 22
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......Record-For the Petitioner. Nawab Ali, Advocate-on-Record-For respondent No. 1. Syed M. Rahman, Advocate-on-Record-For respondent No. 2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1087 of 2005. (From the judgment and order dated 09.04.2005 passed by the......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......n contending that the petitioner ceased to be a tenant in the suit premises and the property vested in the Government and the present proceeding is barred under Article 23(4) of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 and the rent were not deposited with the House Rent ..Category: Tenancy Law | Date: | Hits: 148
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....and the plaintiff, on 27th July 1978, came to know that the suit land has been wrongly recorded jointly in his name as well as in the names of the defendants even though the defendants have no right, title, interest or possession in the suit land and as the wrong recording of the suit land c......bubey Alam, Senior Advocate (J.N. Deb, Advocate with him) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 406 of 2005. (From the judgment and order dated 16th January, 2005 p......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......nd feel in the share of he defendant No.5; on receiving the summons of the suit the defendant No.5, for the first time, came to know about the alleged kabalas in favour of the plaintiff alone. The trial court, after hearing, dismissed the suit. As against that the plaintiff preferred Title Appea..Category: Property Law | Date: | Hits: 23
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....s sister-in-law Rahiman Nessa on 21.12.1953 being sale deed No. 23725 and delivered vacant possession to them on the same date and accordingly the father of the plaintiffs Dr. Moslemuddin acquired right, title and interest to the said 45 decimals of land from the aforesaid plot. Subsequently Bhu...... Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-43. Civil Petition for Leave to Appeal No. 1642 of 2007. (From the judgment and order dated 29.05.2007 passed b......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ...... he did not sale 0.33 acre of land to the plaintiff by kabala No.1178 dated 12.01.1968 and if so, he created the said deed by applying fraud, beyond the knowledge of defendant No. 2. 7. The trial court dismissed the suit on appeal the judgment of the trial court was set aside and the suit..Category: Property Law | Date: | Hits: 28
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ...... Judgment August 22, 2006. Lawyers Involved: Nurul Islam Bhuiyan Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 717 of 2005. (From the judgment and order dated February 16, 2...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......hy;missed and that the appeal being No. 106 of 1991 against the judgment and decree passed in Suit No. 25 of 1990 is pending and as such the Miscellaneous Case is liable to dismissed. 5. The trial Court allowed the prayer for pre-emption. On appeal the appellate Court set aside the ..Category: Property Law | Date: | Hits: 19
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....s her heirs, that the answering defendants got the share of Wazuddin Pramanik and Moyezuddin Pramanik by amicable partition and thus is in possession of the land in suit upon assertion of the right, title and interest and also claiming title adversely against others for more than 12 years, ......ved: S.N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 587 of 2005. (From the judgment and order dated March 14, 2005 passe......not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......n the land in suit and they have also no possession in the land in suit and that as the plaintiffs are not in possession of the land in suit, the suit is liable to be dismissed. 4. The trial Court decreed the suit on the finding that plaintiffs have been able to prove their right, ti..Category: Property Law | Date: | Hits: 25
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....bpur Police Station Case No. 06 dated 03.01.2003 under section 5(1) of the Nari-O-Shishu Daman Ain, 2000 mentioning the names of the petitioners as alleged victims in violation of their fundamental rights, rights to liberty, freedom of movement, right to protection of law and right to be treated ......n QC, Senior Advocate and Advocate A.M. Mahbubuddin with him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioners Not represented - Respondents Civil Petition for Leave to Appeal No. 807 of 2003. (From the judgment and order dated 29th of March, 2003 ......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ...... purely a question of fact and this disputed question of fact cannot be decided under Article 102 of the Constitution. The petitioners will have opportunity to ventilate their grievance before the trial Court where they can prove that they are not connected with or involved in immoral activities..Category: Criminal Law | Date: | Hits: 41
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......1999). Judgment Md. Ruhul Amin J. - This is a defendant's appeal, by leave, against the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which was filed against the judgment and or......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ...... defendant, herein the appellant, moved the High Court Division in revisional jurisdiction and obtained the Rule. It appears that revisional application was filed without furnishing decrees of the trial Court as well as of the appellate Court and in that background while issuing the Rule on 21.1..Category: Family Law | Date: | Hits: 173
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