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Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... no knowledge about the transactions before September, 1993 and after getting definite knowledge on 07.10.1993 filed the pre-emption case within the period of limitation and as such, got right to pre-emption; that the pre-emptor had no knowledge about the transfer before September, 199...... Judgment November 6, 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. 626 of 2005 (From the judgment and order dated the 8th December, 200...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......r his personal gain. 4. Mr. A. K. M. Shahidul Huq, learned Advocate-on-Record, appearing for the petitioner submitted that while dismissing the appeal affirming the judgment and order of the trial Court, the High Court Division failed to consider that the pre-emptor had no knowledge about..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ...... Lawyers Involved: Md. Momtazuddin Fakir, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petition for Leave to Appeal No. 853 of 2004 (From the Judgment and Order dated April 5, 2004 passed ......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......the plaintiff, on 15-8-1991, that he had also not received Taka 35,000 on January 26, 1992, that plaintiff has filed the suit on the basis of forged and fabricated agreement for sale. 4. The trial Court on consideration of the materials on record held that the defendant No.1 agreed to sell..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
.... defendant Nos. 1-3 that defendant No. 25 and Gulbahar, predecessor of the defendant Nos. 2-4 orally gifted their entire share which they inherited from defendant No. 1, that the plaintiffs have no right, title and possession in the land in suit. 5. Defendant Nos.4 and 6 filed written sta...... Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respondents Judgment August 14, 2006. Civil Petition for Leave to Appeal No. 1059 of 2004. (From the Judgment and Order dated February 25, 2004 p......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......the execution and registration of the deed of gift. The defendant No. 5 deposed as PW 2 in support of the case as in the written statement and also prayed for saham. Defendant No. 7 died before the trial. At the trial the parties led evidence both oral and documentary. 6. The trial Court o..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... recorded in the name of the Government the predecessors of the plaintiffs filed Title Suit No. 48 of 1965, Title Suit No. 18 of 1974 and Title Suit No. 567 of 1980 for correction of the record of rights and the said suits were decreed and in terms of said decree the predecessors of the plaintif......atun, Advocate-on-Record-For the Petitioners. Birash Chandra Biswas, Advocate-on-Record-For respondent Nos. 3-6. Not represented-Respondent Nos. 1-2 & 7-10. Civil Petition for Leave to Appeal No. 3 of 2004. (From the judgment and order dated 15-4-2003 passed by th...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......efendant Nos. 7-10 also contested the suit by filing joint written statement contending that they are the lessees from the Government and have been possessing the suit land which is a fishery. The trial Court, after hearing, decreed the suit. Then the defendant No. 1 preferred Title Appeal No. 7..Category: Property Law | Date: | Hits: 28
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....nt No.1, he hatched up a plan to grab the property and that in connivance with certain Serajuddin brought into existence a deed in 1979 in respect of .32 acres of land, that Serajuddin had no right, title and interest in the land said to have been sold to the defendant No.1. In due course d......ioner. AY Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 1-4. Not represented—Respondent Nos. 5-7. Civil Petition for Leave to Appeal No. 572 of 2004. (From the Judgment and Order dated October 28, 2003 pas......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......e category of defendant in the suit did not spell out in what way and how presence of certain Khairunnessa is necessary for adjudication of the suit and that no reason has been assigned by the trial Court in allowing the application of Khairunnessa. The High Court Division was also of the vi..Category: Property Law | Date: | Hits: 33
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....f his title in the suit land as described in the schedule of the plaint stating, inter alia, that the suit land originally belonged to Dhaka Nawab Court of Wards Estate in Khas and the CS record of right was accordingly prepared; Quijrat Ali Mollah, the father of the plaintiffs, took pattan of 10......45 DLR (AD) 112; 2002 BLD (AD) 42. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record - For the Petitioners. Not Represented - The Respondents Civil Petition for Leave to Appeal No. 1131 of 2004. (From the judgment and order dated 3-3-2004 passed by ......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......he plaintiffs or their predecessor did not acquire any title or interest in the suit land on the basis of the alleged settlement as the suit land was a protected forest land of the Government. The trial Court dismissed the suit holding that the plaintiffs could not prove the settlement. The plai..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....and also by registered post and, as such, evidently he is not untraced; since the summons were evidently served upon the defendant No.1 and yet she did not appear to contest the suit, the suit was rightly decreed ex parte. Being aggrieved, the defendants filed the above miscellaneous appeal befo......e dated 13-3-1986 passed in Other Class Suit No. 46 of 1986 was set aside and thereby the above suit was restored to its original file and number. 2. The appellant instituted the above suit for specific performance of contract and on obtaining ex parte decree dated 10-3-1986 got a sale de......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......the defendant No. 2 in his presence but this OPW No. 3 did not state a single word on the service of summons on defendant No. 1 and though the records show that after the receipt of the return the trial Court fixed a date for ex parte disposal but before fixing the date, the trial Court has not ..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ust 17, 1992. 7. The trial Court decreed the suit on the findings that the suit was not barred by limitation and the suit as framed is maintainable and that the plaintiff has proved his right, title and interest in the land in suit, that from the evidence of PW 4 it is seen that the ...... Ahmed sold the property so obtained by lease to Mrs. Anowara Begum (plaintiff's vendor) on July 25, 1981 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration mo......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......1985 but later on withdrew the said suit on the ground of formal defect with the liberty to sue afresh and thereupon filed the Title Suit No.219 of 1992/39 of 1993 on August 17, 1992. 7. The trial Court decreed the suit on the findings that the suit was not barred by limitation and th..Category: Property Law | Date: | Hits: 31
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......nt February 12, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 144 of 2004. (From the judgment and order dated 7-1-2004 passed by ......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ...... of which the case was started in Dhanut Police Station against the petitioner and others and the police after investigation submitted charge-sheet and thereafter, the case was sent for trial before the Court of Sessions and was registered as Sessions Case No. ..Category: Criminal Law | Date: | Hits: 99
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... to encroach upon the vacant space of the plaintiff's property and though the attempt failed but the attempt of the defendants to make the construction over the Government land created cloud over the right, title and interest of the plaintiff over the suit property and hence was the suit. It was fur......Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(i), 3, 4, 6 and 8. Not Represented—Respondent Nos. 1(b)-1(h), 2, 5, 7 and 9. Civil Petition for Leave to Appeal No. 1054 of 2005. (From the judgment and order dated 6-3-2005 passed by the H...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......of 1997 which was heard by the learned Additional District Judge, 10th Court, Dhaka who by the judgment and decree dated 25-9-2000 dismissed the appeal thereby affirmed the judgment and decree of the trial Court. 6. The defendant-petitioners being aggrieved moved the High Court Division under s..Category: Property Law | Date: | Hits: 28
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....Babur Mia, Moyna Mia and Eklas Mia, that deed of mortgage was executed on 10th Poush, 1334 BS for one year and, as such, the same expired after one year and from the date of such expiry plaintiffs' right to redemption arose but the plaintiffs have filed the suit after lapse of 62 years and, as s......ed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-Respondent Nos.7-68. Civil Petition for Leave to Appeal No. 397 of 2005. (From the judgment and Order dated May 12, 2004 passed ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......y purchased some land of plot Nos. 4344 and 4346 by kabalas dated (August 1, 1989 and September 2, 1989 is false and they have no possession in the land so claimed to have purchased. 6. The trial Court on consideration of the materials on record dismissed the suit on the finding that the ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....t No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, prepared in the name of defendants' predecessor Abu Sufian was wron......taining the copy of the SA and RS record came to know about the preparation of the said records in respect of the land in suit wrongly in the name of the defendant Nos.1-9 predecessor. Hence the suit for declaration of title simpliciter. 3. The suit was contested by the defendant Nos.1-9 by filin...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......ing equal share i.e. 8 annas share each, that SA and RS records were prepared correctly and that the defendants being in possession of the land in suit, the suit framed is not maintainable. 4. The trial Court decreed the suit on the findings that the suit is not barred by limitation, there was no..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
.... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ...... Md. Nawab Ali, Advocate-on-Record-For Respondent No. 2. Not represented- Respondent No. 1. Criminal Petition for Leave to appeal No. 09 of 2006. (From the judgment and order dated the 23rd March, 2005 ...... Tribunal, Mymensingh and the complainant has visiting relation and good terms with the said Judge for which there is apprehension in the mind of the accused petitioners that they will not get fair and impartial trial in the said Tribunal. 4. Mr. Md. Momtaz Uddin Fakir, learned Advoc......gh and the complainant has visiting relation and good terms with the said Judge for which there is apprehension in the mind of the accused petitioners that they will not get fair and impartial trial in the said Tribunal. 4. Mr. Md. Momtaz Uddin Fakir, learned Advocate, appearing for ..Category: Criminal Law | Date: | Hits: 31
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......awyers Involved: Md. Mozaffar Hossain, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Muhammad Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1218 of 2007. (From the Judgment and Order dated May 23, 2007 passed by t......ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......is pending, that there was no agreement of tenancy between the defendant and the plaintiff and as such there is no relationship of the landlord and tenant between the plaintiff and the defendant. The trial Court decreed the suit with the finding, that the defendant is a tenant under the plaintiff ..Category: Tenancy Law | Date: | Hits: 165
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
....n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ......s. Not represented- the Respondent. Civil Review Petition No. 69 of 2006. (From the judgment and order dated 2nd April, 2006 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1186 of 2004). Judgment ......n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ......therein; the defendant No.1 then took initiative to evict the plaintiffs from the suit land and then they, for illegally retaining the possession of the suit land, filed the instant suit. The trial court after hearing, dismissed the suit. The plaintiffs then preferred Other Appeal No. 148 o..Category: Property Law | Date: | Hits: 27
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
....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) 332. ...... Judgment May 14, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 892 of 2005. (From the judgment and order dated 23.05.2005 passed by......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) 332. ......nd 08.09.1990 in favour of the defendant No. 12 who got his name mutated in Mutation Case No.223/90-91 and paid rent. The plaintiffs have got no title and possession in the suit land. 5. The trial court on consideration of the materials on record decreed the suit. On appeal in Title Appeal..Category: Property Law | Date: | Hits: 23
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
.... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ...... Judgment August 22, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 709 of 2005. (From the Judgment and Order dated April 26, 2005 passe...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ......ssistant Judge by the aforesaid judgment decreed the suit i.e. allowed the prayer for pre-emption sought under the Muslim law. The appellate Court upon allowing the appeal sent back the suit to the trial Court for enabling the plaintiff to deposit the kabala money and further to enable the parti..Category: Property Law | Date: | Hits: 25
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......ohammad Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 682 of 2005. (From the Judgment and Order dated November 24, 2004 pa......f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......peals and thereby affirming the judgment and decree dated March 31, 1993 of the Court of Assistant Judge, Sadar, Manikganj in Title Suit Nos. 82 of 1991 and 102 of 1990. 2. The trial Court by the aforesaid judgment and decree dismissed the Title Suit No. 82 of 1991 and also d..Category: Property Law | Date: | Hits: 21
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
....able as the deed under challenge was executed on 3.04.1995, which was earlier then the deed dated 04.04.1995; the respondent No.1 subsequently sold the case land on 4.4.95 collusively to defeat the right of the petitioner and further the High Court Division erred in law in holding that in v......nbsp; Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 1268 of 2004 (From the judgment and order dated 6th July, 2004 pass...... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ......their favour on 4.4.95, so because of the provisions of clause (a) of sub-section II of section 24 of the Non-Agricultural Tenancy Act, 1949 the preemption case is not maintainable and so the trial court committed error in holding that “ buniadi shariker birudhe preemption dayerer khet..Category: Property Law | Date: | Hits: 30
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......dents Judgment October 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1084 of 2005. (From the Judgment and Order dated March 27, 2005 pass......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ...... Tenancy Act, 1949 since the transaction sough to be pre-empted is an exchange. It was also the case of the pre-emptee that the Miscellaneous Case was hopelessly barred by limitation. 4. The trial Court dismissed the Miscellaneous case on the finding that the Miscellaneous Case was hopeles..Category: Property Law | Date: | Hits: 20
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