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Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ...... Judgment June 26, 2006. Lawyers Involved: A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. The Civil Petition for Leave to Appeal No. 90 of 2005. (From the Judgment and Order dated November 9, 2003 pass...... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......tiffs withdrew the same, that the kabala has been prepared in the name of the defendant within the knowledge of the plaintiffs and the defendant is possessing the land on payment of rent. The trial Court decreed the suit on the finding that the rent suit was not a genuine one and that ..Category: Property Law | Date: | Hits: 37
Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)
....ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ...... July 2, 2006. Lawyers Involved: Khalequzzaman, Advocate-on-record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-record-For the Respondent. Civil Petition for Leave to Appeal No. 896 of 2005. (From the Judgment and Order dated April 6, 2005 passed......ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ......d but in exchange thereof he got land in another mouza and leaving there by erecting hut, that plaintiff’s assertion that R.S. and S.A. record were wrongly prepared not correct. 6. The trial Court decreed the suit as stated hereinbefore. The plaintiff preferred appeal taking exc..Category: Property Law | Date: | Hits: 27
Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)
....f land out of R. S. Plot Nos.172 and 178 of Mouza Dasra under police Station and District Manikganj, stating in nutshell that the land under partition belonged to Amit Kumar Roy, who being in right, title and possession transferred 10 decimals of land by kabala No.966 dated 12-02-1996 in fa......: Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-2. Not represent- Respondents Nos. 3-6. Civil Petition for Leave to Appeal No. 1678 of 2005. (From the judgment and order dated 15th me, 2005 passe......as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ...... dated 24-05-2001 passed by a Senior Assistant Judge, Saturia, Manikganj in Title Suit No.91 of 1999 dismissing the same. 2. The Case of the petitioner (opposite-party-plaintiff) before the trial Court was that he (plaintiff) instituted Title Suit 91 of 1999 in the Court of Senior ..Category: Property Law | Date: | Hits: 22
Delwar Hossain Vs. State, 2007, 36 CLC (AD)
.... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ...... Judgment May 21, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No. 485 of 2006. (From the judgment and order dated 22-08-2006 passed ...... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ......nally submitted charge sheet against the accused-petitioner since prima-facie case was found against him under section 395/397 of the Penal Code. 4. The case came to the file of the present trial Court, who on the basis of materials available on record, framed charge against the accused-p..Category: Criminal Law | Date: | Hits: 43
Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)
....d papers. We regret, we do not find any merit in the points urged and the High Court Division upon correct assessment of the evidence and materials on record arrived at a correct decision and rightly dismissed the appeal. There is therefore no cogent reason to interfere with the same.......ondent Judgment March 15, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented - the Respondent. Criminal Petition for Leave to Appeal No. 58 of 2004. (From the judgment and order dated 10.11.2003 passed by t......appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ......for life as well as to pay a fine of Tk.5,000/- each with default clause as mentioned above and the rest of the accused were found not guilty to the charge leveled against them and accordingly the trial court acquitted them of the charge. 7. Mr. Md. Nawab Ali, the learned Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 32
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......n, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner (In both the cases). Not represented – the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 117-118 of 2004. (From the judgment and order dated 25.8.2003 passed......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ...... charge sheet against the petitioners and other accuseds. 4. The learned Senior Special Judge, Khulna after taking cognizance of the case sent it to the Divisional Special Judge, Khulna for trial who framed charges against the petitioners and others under section 409/467/468/471/472/109 o..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......na…………….Respondent Judgment March 19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No.123 of 2004. (From the judgment ana order dated 25.8.2003 passed by the Hi......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......charge sheet was submitted against the petitioner and other accused. 4. The learned Senior Special Judge, Khulna took cognizance of the case and sent it to the Divisional Special Judge, Khulna for trial who, after hearing, framed charge against the petitioner and others under section 409/467/468/..Category: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ......ul Islam Bhuiyan, Advocate-on-Record - For the Petitioner. Md. Nawab Ali, Advocate-on-Record - Respondent Nos. 1-8. Not Represented – Respondent Nos. 9 -73. Civil Petition for leave to appeal No.630 of 2005 (From the judgement and order dated 13.1. 2004 passed by t......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ......he re-emption case, that no fraud was committed in obtaining the order in the Miscellaneous case and that the judgment and order passed in the Miscellaneous case is quite legal. 4. The trial Court decreed the suit on the finding that the plaintiffs have been able to establish their c..Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....kabuliat in favour of Nagendra Bala; after the death of Sonaullah the petitioners inherited the property left by Sonaullah; the defendant No.1 on 15th Kartic 1394 B.S, on the basis of the record of right prepared in his name, denied the title of the petitioners in the suit land and threatene......ents Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented – the Respondents. Civil Petition for Leave to Appeal No.1298 of 2004. (From the judgment and order dated 18th April, 2004 pass......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......ormer Chairman of the local Union Council and Sahidul Islam and Bazlur Rahman have also been possessing a portion of the suit land by taking lease from the Chairman of the local Union Council. The trial court after hearing dismissed the suit. The petitioners then filed appeal and the learned Sub..Category: Property Law | Date: | Hits: 30
Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)
....of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......ondents Judgment November 05, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented–the Respondents. Civil Petition for Leave to Appeal No.1149 of 2005. (From the Judgment and Order dated March 30, 2005 passed......of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......Additional District Judge, Sylhet in Miscellaneous Appeal No. 7 of 2004 affirming the order dated January 1, 2004 of the 2nd Court of Joint District Judge, Sylhet in Title Suit No. 237 of 2003. The trial Court by the aforesaid order allowed the prayer for temporary injunction made by the plaintif..Category: Property Law | Date: | Hits: 29
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
.... a kabala in favour of defendant No.5 on December 13, 1989 in respect of the land in suit, that after re-conveyance predecessor of plaintiffs' vendor possessed the land in suit in assertion of his right and after him plaintiffs' vendors possessed the land in question of their right and......ructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented - Respondent Nos. 3-5 Civil Petition for Leave to Appeal No. 1521 of 2004. (From the Judgment and Order dated July 14, 2004 passed...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......ugust 14, 1962 and the kabala dated January 31, 1985 is collusive and forged, that the plaintiffs and their vendors have and had no right, title and interest in the land in suit. 5. The trial court decreed the suit on the finding that the plaintiffs were successful in establishing the..Category: Property Law | Date: | Hits: 25
Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
....Golam Ali gifted 38 bighas of land to Hanif and to 2nd wife, Sukhi Bibi by an unregisterd haba deed, that Golam Ali put the donees into possession who possessed the gifted land asserting their right, title and interest to the knowledge of all, that inadvertently Hanif s share was not correc...... February 07, 2007. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the petitioners (In all cases). Not represented - Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1461-63 of 2005. (From the Judgment and Order dated May 8, 2005 passe...... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 956. ...... No. 19 of 1992. It may be mentioned the plaintiffs filed suit seeking partition of the land in suit claiming saham for 2.37 acres. The appellate Court upon modifying the judgment and decree of the trial Court reduced the share of the plaintiffs to 2.31 acres. The appellate Court dismissed the T..Category: Property Law | Date: | Hits: 19
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....ng permission in writing from the Government transferred the suit land to the appellant by a registered kabala dated 17-03-1985. Subsequently, the appellant mutated his name in the records of right and had been in peaceful possession by constructing house in the land in suit and also ...... those dated 20-07-1989 passed by the learned Assistant Judge, Jessore in Title Suit No. 195 of 1986 decreeing the same. 2. The appellant herein as the plaintiff instituted above title suit for permanent injunction against the respondent in the 3rd Court of Munsif, Jessore, in respect of ......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ....... Leave was granted to consider the following ground: "Because the learned Single Judge of the High Court Division erred in law in reversing the concurrent findings of the learned trial Court as well as the appellate Court, based on due consideration of the evidence on reco..Category: Property Law | Date: | Hits: 24
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
.... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ......Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-6 (In both the cases). Not represented - Respondent Nos. 7-39 (In both the cases). Civil Petition for Leave to Appeal Nos.1259 and 1260 of 2004. (From the judgment and order dated 27.07.2004 ...... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ...... Lakshmipur and the said appeal was heard by the learned Joint District Judge, 2nd Court, Lakshmipur who by the judgment and decree dated 26.11.2001 set aside the judgment and decree passed by the trial court and allowed shah am of 1.05 decimals of land in favour of the plaintiff petitioner..Category: Property Law | Date: | Hits: 24
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....ts to the Property Act (XVIII of 1937) it clearly appears that during the period of her life time a Hindu widow is a complete owner and co-sharer of any property or holding in question with the right to claim partition and consequently having the right to claim pre-emption under, sectio......rs Involved: Subhas Chandra Saha, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 1270 of 2004. (From the judgment and order dated 21st August, 2002 pa...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ...... paid rents and after her death her son, the defendant No.1 is in possession of the same and the plaintiffs were no longer in possession of the suit land after the auction sale. 4. The trial court decreed the suit in preliminary from holding that suit land appertains to C.S. Kha..Category: Property Law | Date: | Hits: 67
Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
.... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ...... by Chowdhury Md. Zahangir, Advocate-on-Record - For the Petitioners J. B. M. Hasan, Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record - For the Respondents Civil Petition for Leave to Appeal No. 1252 of 2004. (From the Judgment and Order dated June 23, 2004 passed...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ......ndant No.6 there is no chance of plaintiff's suffering loss or of being affected in any respect. The case of defendant Nos. 1-4 was more or less similar to the case of defendant No.6. 5. The trial Court on consideration of the materials held that the picture of the water pump appearing on ..Category: Intellectual Property Law | Date: | Hits: 201
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
.... is liable to be dismissed. It may be mentioned other defendants compromise the suit with the plaintiffs. 8. The trial Court decreed the suit on the finding that the plaintiffs have acquired right, title and interest in the land of the respective suits by purchase by Ext. 1, that the Title......os. 1(d), 1(e), 2(b); 2(c) & 2(e), 4(a), 4(g) (In both the cases). Not represented - Respondent Nos. 1(a)-(c), 1(f)-(h), 2(a),2(d), 3, 4(b)-4(f) (In both the cases). Civil Petition for Leave to Appeal Nos. 656 & 657 of 2005. (From the Judgment and Order dated March 14, ......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......69 of the 1st Court of Additional Court of Subordinate Judge (now Joint District Judge) Sylhet in Title Suit Nos. 5 and 6 of 1968 so far the same relates to the plot Nos. 9, 10 and 4. 2. The trial Court by the aforesaid judgment and decree decreed the Title Suit Nos. 4, 5 and another ..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ructed by Azra Ali, Advocate-on-Record - For the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Respondent. Civil Petition for Leave to Appeal No. 191 of 2004 (From the judgment and order dated 10th January, 2004 pas......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......e cans and also let out the building with machinery to one wood marchant at a monthly rent of Tk. 5,000/- and the machinery was kept uncared for and prayed for dismissal of the suit. 4. The trial Court framed necessary issues and on consideration of the evidence on record came to the find..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......ts Judgment June 25, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 385 of 2005. (From the Judgment and Order dated March 13, 2004 passed......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......their full sister sold 12 decimals of land to defendant No.7 on October 12, 1985, that defendant Nos. 5 and 7 on the basis of their purchase are in possession of their purchased land. 4. The trial Court considered the Ext.3, the order of the Circle Office (Revenue) dismissing the petition ..Category: Property Law | Date: | Hits: 18
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....2.1972. The Court of Settlement dismissed the case of the writ respondents holding, inter alia, that the writ petitioners failed to produce any paper to show that the original lessee acquired right to sell the property after payment of the entire premium to the Government but from annexure-...... while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard......ions. 9. On perusal of the documents filed by the writ petitioner respondents, it appears to us that onus of making out a case that the case property was not abandoned property has been fairly discharged by the respondents. 10. We have gone through the judgment of the Cou......vision resulting in releasing of the property from the list of abandoned property should be maintained. Before we part with it may be mentioned that in case of non-consideration of materials by the trial court normally the superior courts send the case on remand but in the instant case the facts ..Category: Property Law | Date: | Hits: 22
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