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Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......p; Civil Petition for Leave to Appeal No. 1686 of 2005. (From the judgment and order dated 20.11.2005 passed b......ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......nbsp; 4. The trial court dismissed the suit. Thereafter on appeal by the plaintiffs the appellate Court below d..Category: Property Law | Date: | Hits: 25
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
.... the pre-emptor was required to seek pre-emption under section 24 of the Non-agricultural Tenancy Act and that as under section 24 of the Non-agricultural Tenancy Act contiguous land holder has no right to seek pre-emption, the pre-emption sought was not available to the pre-emptor and as s......ondent Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1284 of 2004. (From the Judgment and Order dated January 17, 2004 pa......ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......Miscellaneous Appeal No. 11 of 1984 whereby judgment and order dated January 15, 1984 of the Court of Munsif (now Assistant Judge), Nawabganj in Miscellaneous Case No. 84 of 1980 was set aside. The trial Court by the aforesaid judgment allowed the prayer for pre-emption sought under section ..Category: Property Law | Date: | Hits: 23
S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
....out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......llah, Advocate-on-Record-For the Respondent. Civil Review Petition No. 09 of 2005. (From the judgment and order dated 7th July 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1621 of 2002). Judgment &n......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......regard to his past long service the respondent No. 1, by order dated 7.7.1993, instead of dismissing the petitioner, discharged him from service so that he could get some service benefits. The trial court decreed the suit. Being aggrieved the respondent No.2 preferred Title Appeal No. 266 of..Category: Employment/Service Law | Date: | Hits: 61
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
....laintiffs have no cause of action for filing the suit which is barred by limitation, bad for defect of parties, the suit is filed with an ulterior motive for illegal gain and the plaintiffs have no right, title and interest and possession in the suit land and they further stated that the suit pro...... the Petitioners. Mahbubey Alam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-20. Not Represented - Respondent No. 21. Civil Petition for Leave to Appeal No. 950 of 2005. (From the judgment and decree dated the 4th July, 2005 ...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......at the plaintiff has to prove his case and in the present suit the plaintiffs having not proved their title over the suit property are not entitled to get any relief in the suit but the trial Court as well as the revisional Court committed error of law in decreeing the suit and ..Category: Property Law | Date: | Hits: 24
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....ally dismissed the suit on an erratic view of the fact and law involved in the case stating that the plaintiff-petitioner was a year-to-year lessee in respect of the suit land and thus had no legal right to have the declaration sought for in the suit and thus there has occasioned a failure of ju...... Md. Nawab Ali, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 1572 of 2003. (From the judgment and order dated 5.5.2003 passed by ......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......h of the High Court Division in Civil Revision No. 2469 of 2000 making the rule absolute and thus dismissing the Title Suit No. 27 of 1998 filed by the plaintiff petitioner which was decreed by the trial court as well as by the appellate court below. 2. The short f..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....rned counsel in support of the appeal submitted that respondent was required to seek remedy against the decree in Title Suit No. 198 of 1970 and unless the said decree is set aside plaintiffs right, title and interest in the land in suit remains fortified and the genuineness of the dec...... 2. The Appeal was filed against the judgment and order dated June 29, 1982 of the 1st Court of Additional District Judge, Bakerganj in Miscellaneous Case No. 5 of 1980 allowing the same. The aforesaid miscellaneous case was registered upon an application filed under Order 47 Rule 1 of ......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......owner Sreenath Chatterjee died on July 24, 1947 and as such decree obtained in Title Suit No. 198 of 1970 showing said Sreenath Chatterjee as party to the compromise was illegal. 5. The trial Court on consideration of the materials on record held that plaintiff acquired title in ..Category: Property Law | Date: | Hits: 34
Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)
....im being found the irresistible hypothesis is nothing but guilt of the convict petitioner Abdul Gafur. 14. In this view of the matter the trial court appears to have convicted the petitioner rightly. 15. It appears that the High Court Division in the facts and circumstance and evide......Zindigir, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No. 102 of 2004. (From the judgment and order dated 09.02.2003 passed by the......judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ......olice investigated the case and submitted charge sheet on 08.02.1990 against the petitioner and co-accused Abdul Jalil under Section 364/302/201 of the Penal Code. 3. The case being sent for trial, the learned Sessions Judge Bogra on 23.05.1990 framed charges against them under Sections 3..Category: Criminal Law | Date: | Hits: 39
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ...... Monsurul Haque Chowdhury, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not Represented- For the Respondents. Criminal Petition for Leave to Appeal No. 430 of 2006. (From the judgment and order dated 28.8.2006 and 29.8.2......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ......and not deliberately. Further, the charge sheet was not the conclusive evidence for a wrong person to be convicted. If the prosecution seriously took steps to show before the Magistrate or the trial court that Shah Alam Babu was being prosecuted on the basis of mistaken identity conviction o..Category: Criminal Law | Date: | Hits: 38
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......al, instructed by B. Hossain, Advocate-on Record-For the Petitioner. Probir Neogi, Advocate, instructed by Md. Sazzadul Huq, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 253 of 2004. (From the judgment and order dated 10-03-2004 passed by......een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......d charge sheet against the condemned-prisoner since prima-facie case was made out against him under Section 302 of the Penal Code. 4. The case record ultimately came to the file of the trial Court (Additional Sessions Judge) who on the basis of materials on record framed charge unde..Category: Criminal Law | Date: | Hits: 44
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ...... Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No.322 of 2007. (From the judgment and order dated 29-01-2007 passed by ......ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ......nt with fine of Tk. 500/-, in default, to suffer simple imprisonment for 15 (fifteen) days more instead of Tk. 3,000/-, in default, to suffer simple imprisonment for 3 months more as passed by the trial Court and affirmed by the judgment and order dated 24-03-2002 passed by the Additional Sessio..Category: Criminal Law | Date: | Hits: 45
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......ed: Khondker Mahbubuddin Ahmed, Senior Advocate, represented by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 178 of 2004. (From the judgment and order dated 17-01-2004 passed by......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......een framed. 6. An accused may invoke the jurisdiction of the High Court Division under Section 561A of the Code of Criminal Procedure, if, he can make out a case of quorum non-judice of the trial Court or that the facts alleged do not constitute any criminal offence. The High Court Divisi..Category: Criminal Law | Date: | Hits: 42
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......r Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-For the Petitioner. Mahmuda Begum, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1416 of 2005. &nbs......osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......so filed an application for temporary injunction for restraining the defendant-respondent and others from interfering with peaceful possession of the plaintiff petitioner in the suit property. The trial court granted temporary injunction on 4.5.2003 but the same was subsequently vacated by order..Category: Property Law | Date: | Hits: 43
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....cimals of case land to pre-emptee-petitioner, Md. Abdul Karim, on 25.10.1994 by a registered deed of sale without serving any notice to the pre emptor-respondent in order to deprive him of his right of pre-emption. Pre-emptee-petitioner, Md. Abdul Karim was a bargader under the pre-emp......hbubar Rahman, Advocate- on-Record-For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not Represented- For Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 1098 of 2005. (From the judgment and order, dated 26.6.2005 passed b......orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ......the pre-emption case by filing a joint written objection contending, inter alia, that the case was barred by limitation and principle of waiver and was bad for defect of parties. 7. The trial Court after hearing the parties allowed the pre-emption case by a judgment and order dat..Category: Property Law | Date: | Hits: 20
Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ..................Petitioner Vs. Md. Sohrab Hossain & others .......Respondents Judgment January 7, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-for the Petitioner. Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-......t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ...... of taka over one lac and has been living in the said dwelling house with other members of his family by paying rents and taxes to the Municipality and also by running a shop therein. 4. The trial Court dismissed the case holding that the case was not maintainable under Section 96 of ..Category: Property Law | Date: | Hits: 25
Sanat Kumar Dhar and others Vs. Aminul Haque and others, 2006, 35 CLC (AD)
....urt Division was not in error in disposing of the case on merit instead of sending the suit back either to the appellate Court or to the trial Court. In our opinion the High Court Division did the right thing in disposing of the case on merit since an order or remand would unnecessarily delayed ......b Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No.23 of 2006. From the Judgment and Order dated July 20, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1635 of 2003). Judgment ......fresh. Since the grounds taken in the review petition in no way are the grounds of review of a judgment, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 248. ...... hereinbefore upon making the Rule absolute reversed the judgment of the appellate Court. 2. The suit was filed seeking declaration of title recovery of khas possession. 3. The trial Court decreed the suit as mentioned hereinbefore and on appeal the judgment of the trial..Category: Property Law | Date: | Hits: 24
Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
.... who again sold it to one Mrs. Monju Rejina D-Costa who again sold it to plaintiff Nos.1 and 2 who got their names mutated in the S.A. Khatian and have been paying rents and the defendants have no right, title and interest in the suit land. They raised Chhapra ghar in a portion of the suit land ...... Judgment August 29, 2006. Lawyers Involved: Syed Mahbubur Rahmen, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 918 of 2005. (From the judgment and order dated 08.05.2005 passed by...... is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ......our of two other persons with a condition of reconveyance. The suit land was subsequently reconveyed accordingly. The suit land was under possession of the defendants since 1973. 4. The trial court decreed the suit. On appeal being Title Appeal No.302 of 1993, the court of appeal allo..Category: Property Law | Date: | Hits: 32
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
.... or infirmity 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: V ADC (2008) 239. ...... August 7, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 537 of 2005. (From the judgment and order dated 4th January, 2005 pa...... or infirmity 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: V ADC (2008) 239. ......ute. 3. The learned counsel for the plaintiff petitioner submits that the plaintiff being in possession within the fixed boundaries and also led evidence, both oral and documentary, the trial court decreed the suit and the High Court Division acted illegally in deciding the posse..Category: Property Law | Date: | Hits: 44
Md. Abdul Muttalib Vs. Md. Abdul Wahab, 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) 237. ......te-on-Record-For the Petitioner. Syed Amirul Islam, Advocate (with M. Nurul Amin, Advocate) instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 835 of 2005. (From the judgment and order dated 19.03.2005 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) 237. ......re the inhabitants of Bangladesh. Taposh and others were present at the time of registration of the deed. The deed in question was found valid in preemption case No. 149 of 1988. 4. The trial Court dismissed the suit. On appeal in Title Appeal No. 36 of 1999 the appellate Court allowe..Category: Property Law | Date: | Hits: 26
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....As such the learned Senior Assistant Judge, Chatkhil, Noakhali was wrong in rejecting the application for amendment of the plaint and the learned Additional District Judge, 2nd Court, Noakhali was right in setting aside the said order of the learned Senior Assistant Judge and allowing the a....... R. Khoshnabish, Advocate-on-Record-For the Petitioner. Mahmuda Begum, Advocate-on-Record-For Respondent Nos. 1 and 2. None represented- For Respondent No. 3. Civil Petition for Leave to Appeal No. 1415 of 2005. (From the order dated the 31 st August, 2005 passed by......ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......stafizur Rahman being the Mutwalli having been clearly stated in the plaint and he having filed the suit in the name of Wali Mia Sodagar Jame Masjid and Madrasha as its Mutwalli the finding of the trial Court that nothing is said in the plain about waqf before and amendment would give rise to ne..Category: Property Law | Date: | Hits: 35
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
.... the suit 3rd schedule land from the Zaminder Romesh Chandra Chowdhury and Suresh Chandra Chowdhury and since then was possessing the same living therein with their families. That as the record of right wrongly prepared in the name of Ex-landlord, this defendant filed Title Suit No. 150 of ...... Gaffar, Advocate, (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented- the Respondents. Civil Petition for Leave to Appeal No. 797 of 2005. (From the Judgment and order dated the 16th April of 20...... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ......7. The learned Advocate for the petitioner submits that the High Court Division did not consider the submission made by the learned Advocate of the petitioners that the record shows that the trial Court while recording depositions of the plaintiff witnesses did not mark and endorse o..Category: Property Law | Date: | Hits: 29
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