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Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
.... deeds and for declaration that those were obtained by fraudulent means and that were not acted upon and not binding upon the plaintiffs on the averments, inter-alia, that the plaintiff purchased the land in suit by registered deeds dated 24-6-58 and 21- 12-59 and since that date she was in possessi......not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......and anr...........................Respondents Judgment May 18, 2000. Result: The petition is dismissed. Burden of Proof When relationship between the transferee and transferor is that of a Pir and disciple who is not a well educated woman burden of proof is on the Pir to establis......wdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petition is dismissed. Burden of Proof When relationship between the transferee and transferor is that of a Pir and disciple who is not a well educated woman burden of proof is on the Pir to e..Category: Civil Law | Date: | Hits: 162
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....ion in 2nd appeal No. 143 of 1969 allowing the appeal. 2. Short facts are that Sajjad Ali and others had 8 annas share and Sharafat Ali and others had remaining 8 annas share in the suit land. Sajjad Ali and others sold their shares to Abdur Razzak, plaintiff No. 1 and Abdul Jalil plain......ary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Judgment and Decree dated 07.05.1997 passed by the High Court Division in 2nd Appeal No. 143 of 1969) Judgment &nb......ve is directed against the judgment and decree dated 07.05.1997 passed by a single Bench of the High Court Division in 2nd appeal No. 143 of 1969 allowing the appeal. 2. Short facts are that Sajjad Ali and others had 8 annas share and Sharafat Ali and others had remaining 8 annas share ......Taru Mia & others.........Respondents. Judgment October 20, 2005. Lawyers Involved: Mahbub Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record- For the appellants. Tabarak Hossain, Advocate instructed by Ahsanullah Patwary, Advoc..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
....n-charge, Pabna Police Station at about 110.30 A. M alleging inter alia, that at about 10 O'clock on the same day a goat belonging to his uncle Akbar Ali Khan was eating Khesari crops in the land of Jashim Mallik, Akbar Ali's son Azam went to the Khesari field and was bringing back the ...... reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ions Case No. 57 of 1992 convicting the petitioner under sections 302/34 of the Penal Code and sentencing him to suffer imprisonment for life. 2. The facts, leading to this petition, are that the informant, Md. Ishaque Ali Khan lodged FIR on 03-01-1992 before the officer-in-charge, Pabna......The State, represented by the Deputy Commissioner, Pabna………….. Respondent. Judgment 21st July 2002 Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented-..Category: Criminal Law | Date: | Hits: 94
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
.... Limited Company and the appellant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to the appellant company by l....... Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) Judgment ...... directed against the judgment and order dated 13.07.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 1605 of 1998 discharging the Rule. 2. Short facts are that the appellant No. 1, a Public Limited Company and the appellant No. 2, Managing Director of...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Agrabad Hotel Ltd. & another..............Appellants Vs. Revenue Deputy Collector, Cox's Bazar & others...........Respondents Judgment 28th November 2004&nb..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....laintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of possession if found to be out of possession stating, inter alia, that the suit land comprising of Schedule 1 and 2 recorded in C.S. Khatian No.2 and 2A originally belonged to on......oes not authorise the High Court Division to disturb finding of fact of the Court of appeal below, the final Court of fact, arrived at on appreciation of the evidence…....................(23) Cases Referred to- Madan Gopal & ors Vs. Maran Bepari, 21 DLR (SC) 448; 30 DLR (SC); Mir Lai......ants as the plaintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of possession if found to be out of possession stating, inter alia, that the suit land comprising of Schedule 1 and 2 recorded in C.S. Khatian No.2 and 2A originally b...... Judgment July 23, 2002. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 100 (repealed) Section 100 of the Code of Civil Procedure does not authorise the High Court Division to disturb finding of fact of the Court of appeal below, the final Cou..Category: Procedural Law | Date: | Hits: 112
Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)
....ssed the question of possession at all. 3. The lower appellate court in fact discussed this issue. The plaintiff stated in the plaint that its allottee 7 R.E. Battalion left the suit land 5/6 years before filing of the plaint but it has not been stated how the plaintiff has been con......d for interference. The petition is dismissed. Ed ......der dated 26.10.1998 from which the plaintiff-petitioner has preferred this petition for leave to appeal. 2. Mr. Khandker Mahbubuddin Ahmed, learned Advocate for the petitioner, submits that the High Court Division has not considered that fact that this being a suit for permanent i...... Latifur Rahman J Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others.......Category: Property Law | Date: | Hits: 45
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....suit property. The respondent no. 1 filed Title Suit No. 93 of 1985 for declaration of title and recovery of khas possession on the self same ground of ownership. 3. The area of suit land is ½ decimal of land with a shop on the same and both the parties claim ownership o......qur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent. Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in Civil Revision No. 4183 and 4184 of 1996) Judgment &......ed Title Suit No. 222 of 1992 in the Court of Senior Assistant Judge, Chandpur for declaration of title and recovery of khas possession against the respondents on the allegations interalia that he is the owner of the suit property. The respondent no. 1 filed Title Suit No. 93 of 1985 ......jul Haque ......Appellant.(In both the appeals). Vs. Md. Saifullah ......Respondent In both the appeals). Judgement 29 July 2003 Lawyers Involved: S.S. Haider, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the appellant Dr. Rafiqu..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....he Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy ......tructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3 Not represented- Respondent No. 4 Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.) Judgment &nb......leave is directed against the judgment and order dated 23.08.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1998 of 1999 making the Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No.......s. Vs. Full Mohammed Mollah & others...... .Respondents. Judgment 23rd May 2005 Lawyers Involved: Abdul Wadud Bhuiyan instructed by ASM Khalequzzaman, Advocate-on-Record- For the Appellants Mahbubey Alam, Senior Advocate instructed by Md. Nawab Ali, Advocate-..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....t to prove his case". 3. Facts of the case, briefly, are that the respondent as pre-emptor instituted a Miscellaneous Case No. 7 of 1992 for preemption of the case land under Section 96 of the State Acquisition and Tenancy Act as contiguous land owner by inheritan......he High Court Division and affirm those of the courts below. No order as to cost. Ed. ......after to dispose of the case according to law. 2. In this appeal, leave was granted in the following terms: - "Mr. Mahbubey Alam, the learned Advocate for the petitioners, submits that the pre-emptor-respondent himself give up his case for supply of particulars by submitting ......Syed J. R. Mudassir Husain J Abdul Matlib and others.......Appellants. Vs. Abdul Malik...............Respondent Judgment 8th May 2002. Lawyers Involved: T.H. Khan, Senior Advocate, (Mr. Mahbubey Alam, Senior Advocate and J. N. Deb, Advocate with him) instructed by Sha..Category: Property Law | Date: | Hits: 56
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....ssion from the suit property. During pendency of the suit a further prayer was made by amendment of the plaint for recovery of possession. The case of the plaintiff respondents was that the suit lands belonged to their predecessor in interest Amir Ali who died leaving the plaintiffs as his......ind any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......t and order dated 31.07.1997 in Civil Revision No. 1730 of 1992 passed by a Single Bench of the High Court Division the defendant appellants preferred this appeal. 2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhen......p; Mohiuddin and others...........Appellants Vs. Shwkat Ali and others .......Respondents Judgment 23rd May 2005 Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. T. H. Khan, ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ing aside the concurrent decrees of the Courts below dismissing the suit for permanent injunction for restraining the defendants from interfering with the possession of the plaintiff in the suit land. 2. The plaintiff’s case, in short, inter alia, is that the disputed land ap......instructed by Md. Aftab Hossain, Advocate-on-Record- Respondent No. 2 Ex-parte- Respondent No. 1 Civil Appeal No. 77 of 1999 (From the Judgment and Order dated 5th July 1998 passed by the High Court Division in Civil Revision No. 3266 of 1997) Judgment &nbs......se of law and can exercise his right of possession restraining everybody including the real owner. In a suit for permanent injunction court need not enter into disputed title except to the extent that it would help the Court in finding which of the parties have prima facie title and exclusive po......) Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents Judgment 20 November 2001. ..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....application under section 16 and 31 of the Arbitration Act for setting aside the award stating, inter alia, that in view of the overall resource constraints of the Government and the dispute over the land to be used for the constraints of the flyovers, the Executive Committee of the National Economi...... For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of the People's Republic of Bangladesh decided to construct some flyovers in ......me Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....ate on 31.8.1980 under Article 4 of the Bangladesh Citizenship Order 1972(P.O. 149 of 1972); that the suit property (a residential house at Mirpur, Dhaka) belonged to the appellant, who took the land by an indenture of lease, dated 14.11.1968 from the Government, and constructed a pucca residen......he appeal is dismissed without any order as to costs. Ed. ......te Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth having been born in Chittagong on 2.2.1919; that he was educat......lant Vs. G. M. Yousuf and others... Defendant-Respondents. Judgment 2nd June 1997 Lawyers Involved: M.A. Wahab Miah, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record...........For the Appellant Sirajuddin Ahmed, Advocate-On-Record absent......For Responde..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....resaid Title Suit No. 25 of 1989 impleading the appellants 1-3 who were respectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of K...... no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......ecovery of khas possession in respect of Kha schedule land after evicting the defendants Nos. 47-49 therefrom who are the appellant before us. 3. The plaintiff respondents averred that .29 decimals of land of khatian 95,65 decimals of land of khatian no. 96 and 13 decimals of land......ants. Vs. Faiz Ahmed and other........Respondents Judgment 16th November 2003 Lawyers Involved: Syed Ziaul Karim, Advocate, instructed by Santi Ranjan Karmakar, Advocate-on-Record-For the Appellants. A. J. Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Adv..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
.... are that the complainant-respondent, Abdur Rouf lodged a complaint on 20-6-2000 against the accused petitioner alleging, inter alia, that the respondent No. 1 reared fish in a pond on his land and because of the risk of level of water rising above the banks of the pond, he apprehend...... Accordingly, this petition is dismissed. Ed. ......Petitioners. Vs. Abdur Rouf and another……….......Respondents. Judgment 5th April 2003 Lawyers Involved: Shamsul Huda Manik, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- Respondents.&nbs......ur Rouf and another……….......Respondents. Judgment 5th April 2003 Lawyers Involved: Shamsul Huda Manik, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- Respondents. Criminal Pet..Category: Procedural Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....iffs instituted Partition Suit No.29 of 1994 in the First Court of Subordinate Judge (now Joint District Judge), Chittagong for partition of the suit property stating, inter alia, that the suit land originally belonged to Hamidunnessa wife of Chan Mia. The C.S. Khatian was prepared and finally......e-on-Record, For Respondent Nos.1-4 Respondent Nos.5-26- Not represented. Civil Petition For Leave To Appeal No. 503 of 2004. (From the judgment and order dated 02.11.2003 passed by the High Court Division in First Appeal No.377 of 1996.) Judgment &......2. The plaintiffs instituted Partition Suit No.29 of 1994 in the First Court of Subordinate Judge (now Joint District Judge), Chittagong for partition of the suit property stating, inter alia, that the suit land originally belonged to Hamidunnessa wife of Chan Mia. The C.S. Khatian was prepare......…………......... Petitioners. Vs. Mahbub Ali and others....... Respondents. Judgment 2nd January, 2006 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioners Mohammad Ali, Advocate-on-Record, For Respondent Nos.1-4..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....ose dated 31-5-1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No. 124 of 1987. 3. The suit was for a decree only for khas possession in respect of the suit land together with two-storied building standing thereon. The plaintiff filed Other Suit No. 131 of......angladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: Unless there is any serious ground relating to error of law apparent on the face of the record occasioning failure of justice, review petition should not be entertained lightly. The provisio......stence in the eye of law…………………………..(8) Lawyers Involved: Dr. M Zahir, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In both the Civil Review Petitions). MI ......08 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: Unless there is any serious ground relating to error of law apparent on the face of the record occasioning failure of justice, review petition should..Category: Property Law | Date: | Hits: 97
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....y in suit was acquired in L.A. Case No. 159/61-62 and the acquisition was finally notified in the gazette on October 22, 1970. It was contended by the plaintiffs that although Government acquired the land but possession thereof was not taken over by the Government and the plaintiffs are in possessio......e is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ...... dated April 16, 1997 of the 2nd Court of Senior Assistant Judge, Dhaka in Title Suit No. 191 of 1996 decreeing the same. The suit has been filed seeking declaration of title and for further reliefs that the plaintiff-Respondent Nos. 1-19 are entitled to get the property described in the schedule at....... Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..Category: Limitation Law | Date: | Hits: 189
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
....ed of by this Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28.01.1996 at about 3.30 P.M. and so A......000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......he High Court Division by same judgment and order. Both the appeals being heard together by us are disposed of by this Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of......nal Appeal No. 43 of 2003) Vs. The State…………….....Respondent (In both the cases) Result: The appeals are allowed in part. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Appellants(In both the cases). Abdur Rouf, Deputy Attorney General, Instructed by ..Category: Criminal Law | Date: | Hits: 97
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