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Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)
....ication by filing written objection denying the material averments of the application and stating, inter alia, that the summons of the original suit was duly served and the ex parte decree was rightly passed since the defendants failed to appear and contest the suit. They further contended ......nts. Judgment November 5, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1131 of 2005. (From the judgment and order dated 20.06.2005 passed b......s barred by limitation. 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) 580. ......ssed on 24.03.1972. Thereafter the second case brought by the son of another defendant (since deceased) is barred by principle of res judicata and hence the same is not maintainable. 3. The trial court allowed the Miscellaneous Case No. 15 of 1990 under Order 9 Rule 13 of the Code of Civi..Category: Procedural Law | Date: | Hits: 91
Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
....vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ...... Horendra Nath Nandi, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-record-For Respondent No. 1(a). Not represented -Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 574 of 2005. (From the Judgment and Order dated November 29, 2004 pa......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ...... Assistant Judge) Jessore in Title Suit No.8 of 1977 decreeing the suit and thereupon declaring title of the plaintiff in the land in suit and confirmation of possession of the plaintiff. The trial Court further by a decree of permanent injunction restrained the defendant Nos. 8 and 9 ..Category: Property Law | Date: | Hits: 25
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....itle Suit No. 346 of 1977. Non-inclusion of Additional Deputy Commissioner (Revenue) in charge of vested property is not a fraudulent act to turn down the earlier decree on the ground of fraud are rightly held by the lower appellate court that non-joinder of a party may not defeat the suit is al......ior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1-10 (In both the cases). Not represented-For Respondent Nos. 11-31(In both the cases). Civil Petition for Leave to Appeal Nos. 949 & 951 of 2005 (From the judgment and order dated 23.02.200......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ...... Suit No.346 of 1977 obtained an ex parte decree though they were not owners of the suit land. It was further alleged that adoption Rathindra Nath Basak was illegal and invalid. 4. The trial court decreed the suit in favour of the plaintiff. The defendants then preferred Title S..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....aintiff was allowed to run a shop on the schedule-I land and subsequently he gave up the possession of the same in favour of the Mutwalli of the waqf property. Therefore, the plaintiff had no right, title, interest and possession in the suit land. 4. The trial Court dismissed the sui......l Revision No.3051 of 1999 making the Rule absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court of Subordinate Judge, Chandpur, for declaration of his title to the suit land claiming the same by way of inheritance from his fath......mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ......;quently he gave up the possession of the same in favour of the Mutwalli of the waqf property. Therefore, the plaintiff had no right, title, interest and possession in the suit land. 4. The trial Court dismissed the suit on the finding that the suit, as framed, was not maintainable and it..Category: Property Law | Date: | Hits: 22
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ...... passed by a Division Bench of the High Court Division in Criminal Appeal No. 3145 of 2000 dismissing the appeal. 2. The facts, in short, are that Mossammat Fatema Akhtar, a niece of informant Abu Taher got married to accused Abu Hanif. After marriage her husband went to Saudi Arabia......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......the application of the appellant and others filed under Section 265C of the Code of Criminal Procedure and framed charges against them under Sections 11(Kha) and 30 of the Ain and fixed a date for trial. 6. Being aggrieved by the order of the learned Tribunal, the appellant and his brothe..Category: Criminal Law | Date: | Hits: 41
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... recorded tenants failed to produce any crops and as such could not pay rent to the landlord and that except Bhupati Charan, predecessor of the plaintiff Nos.1-2 and other tenants surrendered their right in favour of the landlord in 1351 B.S. and Bhupati Charan took settlement of their share in ......sp; July 26, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 297 of 2005 (From the judgment and order dated 17.01.2005 passed by ...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ...... by the judgment and order dated 23.11.1985. 5. The defendants preferred Title Appeal No.12 of 1986 and the learned Additional District Judge, 1st Court, Satkhira remanded the suit for trial afresh by the learned Assistant Judge and directed the plaintiff to implead the Government of..Category: Property Law | Date: | Hits: 24
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
....ff become debauch and started to lead life with women and wine and being disgusted she got herself separated by way of divorce and she has been possessing the first floor of the building in her own right through bharatia. 5. The trial court dismissed the suit. On appeal the High Court Div...... A.K.M. Shahidul Huq, Advocate-on-Record) - For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No. 757 of 2005. (From the judgment and order dated 09.05.2005 passed by...... correct 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) 519. ......ife with women and wine and being disgusted she got herself separated by way of divorce and she has been possessing the first floor of the building in her own right through bharatia. 5. The trial court dismissed the suit. On appeal the High Court Division allowed the appeal in part. Being..Category: Property Law | Date: | Hits: 20
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....ff No.4 and they have been possessing the suit and peacefully for more than 12 years by cultivating and growing crops; that under the State Acquisition and Tenancy Act the plaintiffs acquired rioty right in the suit land under the Government and that the defendant disclosed that M.R.R. Khatian f......vocate-on- Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 333 of 2005. (From the judgment and order dated 28.11.2004 passed by......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ......ous Case the plaintiff constructed illegally a house in the suit land and that there is no merit in the suit of the plaintiff and as such it is liable to be dismissed. 5. The trial court recorded evidence of witnesses produced by both the parties and by judgment and decree ..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....record to show that during the lifetime of Mansur Ali his possession in the suit was disturbed by the landlord; that by way of continued possession over the statutory period the plaintiffs acquired right title and interest in the suit land; in Ext.2, the Local Inspection Report submitted by the ......l 2, 2006. Lawyers Involved: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2004. (From the judgment and order dated 7th January, 2006 p......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......m the suit land they filed the instant suit. After transfer of this suit to the Court of Assistant Judge, Ramoo Upazilla, Cox's Bazar the above suit was renumbered as Other Suit No.14 of 1986. The trial Court after hearing dismissed the suit. The plaintiff then preferred Other Appeal No. 148 of ..Category: Property Law | Date: | Hits: 29
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
.... land recorded in his name in S.A. khatian and R.S. khatian and as such S.A. and R.S. khatian in his name were not prepared in respect of the land in suit, that taking advantage of wrong record of right defendants tried to dispossess the plaintiffs and thereupon plaintiffs filed ......nts Judgment April 16, 2007. Lawyers Involved: S.R. Khoshnabish, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 1548 of 2003. (From the Judgment and Order dated June 24, 2003 passe......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......judgment and decree dated March 30, 2000 of the 1st Court of Senior Assistant Judge, Gazipur in Title Suit No. 127 of 1999 decreeing the same. The appellate Court upon reversing the judgment of the trial Court dismissed the suit. 2. The suit was filed seeking a decree for permanent injunc..Category: Property Law | Date: | Hits: 19
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ......ember 9, 2007. Lawyers Involved: Mohammad Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 334 of 2006. (From the judgment and order dated 14.03.2005 passed b......cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ......hree sons and two daughters who transferred the land along with other land by a Heba deed dated 16.07.1998 to the contesting defendants who are in possession through bargader. 4. The trial Court decreed the suit. The defendants preferred the appeal being Title Appeal No. 348 of 200..Category: Property Law | Date: | Hits: 30
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
.... property is a debuttar property and the suit property belonged to Sree Sree Hari Thakur Deb Bigaha and the C.S., S.A. and R.S. records were prepared in the name of the deity. The plaintiff has no right, title and possession in the suit land since the plaintiff embraced Islam and lived in anothe......d: Harendra Nath Nondy, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1176 of 2005. (From the judgment and order dated 11.05.2004 passed......to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ...... 5. The defendant Nos.1-3 contested the suit by filing written statement denying material allegation but their points of contest are similar to those of the defendant Nos.4 and 5. 6. The trial court decreed the suit. On appeal being Title Appeal No. 6 of 1990, the court of appeal allow..Category: Property Law | Date: | Hits: 96
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......Sufia Khatun, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record -For Respondent No. 1. Not represented –Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 929 of 2005. (From the judgment and order dated 15.03.2005 passed by......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......ling written objection denying the material allegations made in the miscellaneous application and further contended that the pre-emptee is a co-sharer by purchase in the case holding. 4. The trial court allowed the pre-emption case. On appeal in Miscellaneous Appeal No. 24 of 1994 the app..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....aintiff. From the evidence on record and from the facts and circumstances of the Case, it is found that the defendant have been in possession of the disputed land for more than 12 years as of right and by asserting hostile title against the plaintiff or their predecessor and that there was ......s Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. M. Nurul Amin instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 751 of 2005. (From the judgment and order dated 14th March, 2005 pas...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......dice of petitioners denying justice; that the High Court Division has not applied judicial mind that the lower appellate Court has not given any reason whatsoever for reversing the judgment of the trial Court and such judgment being not a proper judgment of reversal to the serious prejudice of t..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ...... Hossain, Advocate-on-Record-For the Petitioners. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent Nos. 1& 2. Not represented- Respondent Nos. 3-15. Civil Petition for Leave to Appeal No. 449 of 2005. (From the judgment and order dated 23rd February, 2005 ......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......fact having considered the exhibits No. 1 to 1(jha) and in an application for pre-emption the petitioner is required to file certified copy of the disputed kabala along with the application in the trial Court but the applicant failed, to do so and hence the application for pre-emption under Sect..Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....rmation of possession in the suit property and also for permanent injunction stating, inter alia, that the suit land originally belonged to one Mvi. Ershad Ali Chowdhury and others in their maliki right and one Kota Ullah was a joteder in respect of the suit property and other properties. Subseq......oners. S. H. Md. Nurul Huda Zaigirdar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 874 of 2006. (From the judgment and order dated 19.04.2006 pass......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......y of possession under Section 96(9)(c) of the State Acquisition and Tenancy Act was necessary and as such they did not make any prayer to the Court for formal delivery of possession. 4. The trial Court dismissed the suit. On appeal being Title Appeal No.272 of 1986 the appellate Court all..Category: Property Law | Date: | Hits: 30
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... statements of these witnesses cannot be accepted but the trial court relied upon their evidence in convicting the Convicts, hi our view the evidence of these witnesses viz., P.Ws.2,3 & 4 were rightly left out of consideration by the High Court Division. 12. T......e-on-Record-For the Respondent (In Criminal Petition No. 356 of 2006). Zahirul Islam, Advocate-on-Record-For the Respondent (In Criminal Petition No. 357 of 2006). Criminal Petition for Leave to Appeal Nos. 351-358 of 2006. (From the judgment and order dated 06.08.2006 pas...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......om inherent infirmities and improbabilities. Inherent infirmities and improbabilities render the prosecution case wholly incredible." 10. The High Court Division also observed that the trial Court held that the abscondence of 8(eight) accused persons who were tried in absentia was an..Category: Criminal Law | Date: | Hits: 36
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ...... Judgment September 16, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 395 of 2006. (From the judgment and order dated 24.07.2006 passed by......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ......ment, the accused-petitioner will divorce the complainant and the petitioner thereafter refused to take back the complainant and hence the petition of complaint. On receipt of the said petition the trial Court issued process against the accused petitioner under section 4 of the Dowry Prohibition ..Category: Criminal Law | Date: | Hits: 31
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
....d in 49 DLR (AD) 80. 6. The learned Advocate further submitted that the impugned execution proceedings has been taken in clear violation of the petitioner's constitutional right as enshrined in Article 31 and 40 of the Constitution of the People's Republic of Bangladesh ......Vs. Jahanara Akter and others, 49 DLR (AD) 80. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1614 of 2004. (From the judgment and order dated 25th October, 2004...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......er the provisions of Artha Rin Adalat Ain, 2003 and renumbered as Money Execution Case No. 84 of 2003 on 27.04.2003 which is totally illegal and the proceeding is without jurisdiction as suit under trial can only be transferred to the Court of Artha Rin Adalat Ain, 2003, as the Money Execution N..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....ut to the petitioner by Memo dated 29.10.1994 and then the petitioner paying the first instalment on 15.10.1995 claimed delivery of possession and the respondent No.1 having no longer any leasehold right on the suit plot is not entitled to get any relief as prayed for. 4. The defendant No..............................Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. ......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......to the defendant No.7 petitioner are illegal, collusive, malafide and those are not binding upon him on the averments that the Ministry of Works, the defendant respondent No.2, established an industrial estate at Mirpur, Dhaka and made many industrial plots therein and therefrom gave allotment o..Category: Property Law | Date: | Hits: 27
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