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Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....y aware of the object of the suit took deliberate steps which had undoubtedly the effect of interfering with the course of justice. The cause which relates to the question whether the plaintiff has a right of passage over a place of land which is being claimed by the defendants as their land is esse......hile disposing of a revisional application of the respondent arising out of an interlocutory matter relating to temporary injunction. 2. The respondent has instituted a suit against the appellants for a permanent injunction for restraining them from blocking an alleged passage, described in Sched......propriate case, in exercise of its inherent power, require the offending party by issuing a temporary injunction in mandatory form to restore the status quo ante. This principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an int......as a party in the case of Abu Barek Mia and others vs. A. B. M. Serajul Islam reported in 20 DLR Dacca 501. No mandatory injunction, however, was issued in that case, its facts being different. The trial Court having refused to grant temporary injunction by directing removal of brick walls and o..Category: Property Law | Date: | Hits: 31
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......lved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for Leave to Appeal No. 256 of 2004. (From the judgment and order dated 10.07.2004 passed by......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......th Muladi Police Station, District-Barisal against 9 accused persons including the present respondent alleging, inter alia, that criminal cases filed by him against the co-accused were pending for trial. He was put under pressure to withdraw those cases but he did not agree. As a result, the ac..Category: Criminal Law | Date: | Hits: 54
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
....tered patta dated April 28, 1953, that the defendant No.3 paid rent and is in possession of the land so acquired from defendant No. 7 and that his name has been recorded in the record of right and he is paying rent to the Government, that defendant Nos. 1 and 2 are the contractors......t 7, 2006. Lawyers Involved: N. K. Saha, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 538 of 2005 (From the judgment and order dated April 13, 2004 passed...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......uit No.120 of 1971 decreeing the same in full and thereby declared the title of the plaintiffs in the land in suit and also allowed the relief seeking confirmation of possession. 2. The trial Court further restrained the defendants permanently from entering into the land in suit. It ..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
.... him; Ayub Ali died leaving behind three sons, the defendant Nos., 1-3, one wife and four daughters; Dud Miah had no title and possession over the land of Plot No. 2719 and accordingly had no right to transfer any land from the above plot to the plaintiffs; the kabala dated 03.05.93 is frau......yum, Senior Advocate instructed by Sayed Mahbubur Rahman, Advocate-on- Record- For the Petitioners. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 701 of 2005 (From the judgment and order dated 23rd February, 2005 p......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......elief and that the provision of section 47 of Registration Act is misconceived because Dud Mia was not entitled to transfer the properties belonging to his sisters. 6. As it appears the trial Court dismissed the suit holding that the plaintiffs purchased 60½ decimals of la..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....ough amicable settlement the whole property was recorded in the name of Nawab Sir GM. Faruki along with other co-sharers of the property; a miscellaneous case filed for correction of record of right by Sahera Khatoon in which the respondent was made a party and notice of the said case was d......bsp; Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1416 of 2004 (From the judgment and order dated 18th July, 2004 pass......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......aving failed to prove that the suit land is excess land of the landlord it cannot be said that the plaintiff respondent has right, title and interest in the suit land and as such the finding of the trial Court about the right and title of the plaintiff/respondent in the disputed land is not at a..Category: Property Law | Date: | Hits: 27
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....d, had been possessing the same adversely to the exclusion of all for more than the statutory period of limitation; further the plaintiffs having paid all rents and taxes also acquired indefeasible right, title and interest in the suit land; even though Surendra and Dijendra received the balance c......or the Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury M. Zahangir, Advocate-on- Record-For Respondent No. 4. Not represented- Respondent Nos.1-3 & 5-13. Civil Petition for Leave to Appeal No. 922 of 2003 (From the judgment and order dated 3.3.2003 passed by the Hig......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......s defendants on the ground that they also are the lessees under the government and are in possession of the suit land and their prayer being also allowed, they were added as defendants. 3. The trial court, after having, decreed the suit holding as follows: “বাদী পক্ষে ..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....evious and present khatians were correctly prepared and published in their names as well as in the names of their predecessor and they have been paying rents regularly; the defendants have no right, title, interest or possession in the suit land and the suit land was never acquired; the pla......ers Involved: A. K. Mujibar Rahman, Advocate instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1301 of 2004. (From the judgment and order dated 24th March, 2004 pa......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......s land and during the pendency of the suit there was no construction of new road and so the decision as arrived at by the High Court Division cannot be sustained in law. 4. As it appears the trial Court decreed the suit on the findings that- “Bangla……&hell..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....ff and that by the said kabalas defendant No.1 has purchased .47 acre of land out of 1.27 acres of land. The High Court Division noticed that the plaintiff in respect of his land got the record of right prepared in his name and is paying rent and the plaintiff also lead oral evidence in support ......nbsp; Syed Mahbubur Rahman, Advocate-on-record-For Respondent Nos. 2, 3, 8. Not represented - Respondent Nos. 1, 4-7 & 9-11. Civil Petition for Leave to Appeal No. 768 of 2005 (From the Judgment and Order dated May 4, 2005 passed by...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......in respect of the land claimed by him but he did not get the possession, that the plaintiff has filed the suit making untrue statements and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the finding that plaintiff has proved his prima facie title in the ..Category: Property Law | Date: | Hits: 26
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....any deed of gift in favour of the defendant No. 1, that the deed of gift as claimed by the defendants is forged, fraudulent and fabricated and that the alleged deed of gift has created cloud on the right, title and possession of the plaintiff, that plaintiff became aware of the deed of gift......that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra Kumar Nath, father of the plaintiff and said Mohendra Kumar Nath entered into an agreement for sale of 26 decimals of land shown in the 2nd schedule attached to the plaint on November 9, 197......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......restrain on the transfer of the land in suit the said persons have rescind the agreement for sale, that plaintiffs suit being a frivolous one the same is liable to be dismissed. 4. The trial Court decreed the suit on the finding that the suit as framed is quite maintainable and not b..Category: Property Law | Date: | Hits: 46
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ...... Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner. Not represented- For the Respondent. Criminal Petition for Leave to Appeal No. 324 of 2004. (From the jud......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......ur police station cases were started whereupon the investigating agency submitted charge sheet against the accused respondent along with others and ultimately the case records have been sent to the trial Court for trial. 3. Mr. Muhammad Ali Akanda, learned Deputy Attorney General, appeari..Category: Criminal Law | Date: | Hits: 62
Nantu Vs. State, 2007, 36 CLC (AD)
....the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ...... Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 338 of 2006. (From the judgment and order dated 21st August, 2005 pa......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......r a period of 2 years and to pay a fine of Tk. 1,000/- each, in default, to suffer rigorous imprisonment for a further period of 3 months. 2. The petitioner along with others were placed on trial for the offence under Sections 302/149 and 201 of the Penal Code on the basis of F.I.R. lodge..Category: Criminal Law | Date: | Hits: 37
Malek Gharami Vs. State, 2007, 36 CLC (AD)
....at on examining found Tanjila Khatun dead, that as the accused persons on purchasing Hindu property came at the locality and as such as they had no relative near about the house they stayed, being frightened left the house. 6. The trial Court on consideration of the evidence on record arr......, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 167 of 2004. (From the Judgment and Order dated April 19, 2003 passe...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ...... Miah alias Rangu Gharami under section 302/34 of the Penal Code. In due course the records were sent to the Court of Sessions and there Session Case No. 10 of 1996 was registered. 4. At the trial the accused persons, in all 2, were called upon to answer the charge under section 302/34 of ..Category: Criminal Law | Date: | Hits: 38
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....ers. We regret, we do not find any merit in the points urged and hold that 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. ...... 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. 110 of 2004. (From the judgment and order dated 28.3.2004 passed by ......d the appeal. 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) 169. ...... 4. The learned Additional Sessions Judge, on receipt of records, framed charge against the accused petitioner and others and read it over to them to which they pleaded not guilty and demanded trial. 5. The prosecution examined eleven P.Ws. all of whom were duly cross-examined by..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......iddique Miah Vs. The State, 4 MLR (AD) 167. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 258 of 2004. (From the judgment and order dated 4th April, 2004 pa......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ...... January 15, 2007. Trial of Cross Cases It is well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The trial court, in such cases, should be on its guard so that the evidence of one case is not imported..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....ycle of the deceased when absconding convict Alamgir and convict appellant, Abdur Rahman alias Khokan grabbed deceased Masud, appellant Nazrul gave blow by the handle of a gun to Baten, who being frightened ran away therefrom. Thereafter, the convict appellants Mohsin Hossain Bidyut and Ahadul s...... Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 181 of 2004. (From the judgment and order dated 11-04-2004 passed by...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......f investigation, submitted charge- sheet against the accused-appellants and another under Sections 302/34 of the Penal Code. The case records were sent to the Court of Sessions. At the time of trial, Court of Additional Sessions Judge, Narshingdi on the basis of materials available on the r..Category: Criminal Law | Date: | Hits: 44
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
....plaintiff does not have any possession in the land of R.S. Plot No. 4833. 8. Admittedly the parties have dwelt much regarding R.S. Plot No. 4833 and the Court of Appeal below found that the right, title and possession in schedule 'Ka' but has not disturbed the finding of the trial Court r......zan, Chittagong decreeing the suit. 2. The plaintiff-appellant instituted Other Suit No.55 of 1972 in the Court of the then Munsif at North Raozan, Chittagong against the respondents praying for declaration of title and recovery of khas possession of 'Ka' schedule land and also f...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ......mittedly the parties have dwelt much regarding R.S. Plot No. 4833 and the Court of Appeal below found that the right, title and possession in schedule 'Ka' but has not disturbed the finding of the trial Court regarding schedule 'Kha'. The learned Advocate as well did not dispute regarding p..Category: Property Law | Date: | Hits: 24
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......ondents Judgment March 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 580 of 2005. (From the judgment and order dated 09.04.2005 passed by......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ...... acres of land in favour of defendant Nos.1-4 and they are in possession after getting their names mutated in the records of the Revenue Department. The Plaintiffs have no possession. 4. The trial court on consideration of the materials on record decreed the suit. On appeal in Title Appeal..Category: Property Law | Date: | Hits: 23
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....long with other land by way of a registered deed of gift dated 22.01.1935 and subsequently made under gift of the remaining portion of the suit land and handed over possession to him. Rahmat Ali as rightful owner possesses 4.70 acres of land of the 'Ka' schedule S.A. Khatian No.383 was prepared i...... the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos.1, 3, 4-8 and 11-13. Not represented- the Respondent Nos. 2, 5-7, 9-10 and 14-31. Civil Petition for Leave to Appeal No.1165 of 2005. (From the judgment and order dated the 11th June, 2005......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......rding could not affect the right, title and possession of the plaintiffs therein disentitling their legal right. 10. We have perused the records and are of the view that though the trial Court partly decreed the suit but the Court of appellate below on consideration of the materi..Category: Property Law | Date: | Hits: 26
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....of 1983 decreeing the Suit. 2. Respondent Nos.1-6 as plaintiffs instituted other Class suit No. 235 of 83 in the Court of subordinate Judge, Rajshahi for decree of declaration of their right and title in the Kha schedule property against the defendants stating that the schedule 'Ka' ......M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos. 1-6. Mahmuda Begum, Advocate-on-Record-For Respondent Nos. 7-8. Not Represented- the Respondent Nos. 9-13. Civil Petition for Leave to Appeal No. 932 of 2005. (From the judgment and order dated the 28th March, 2005......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ...... corresponding of 14 R.S. Plots but the High Court Division without recording any independent finding and on mere surmises and conjectures most illegally concurred with the finding of the trial relating to the plaintiffs alleged possession and passed the impugned judgment and thus commi..Category: Property Law | Date: | Hits: 27
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
.... case and filed written objection stating that the case is not maintainable, the preemptors having exhausted their subsisting interest in the case jama by different transfers had no longer any right for preemption of the case land as co sharer and further after purchasing the property the p...... 2. The pre-emptor respondent Nos.1 and 2 filed the above case under section 96 of the State Acquisition & Tenancy Act, 1950 for pre-emption of the case land on the averments that the appellant and his brother Abdus Sam......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......ncy of the pre-emption case and the appellate court, the final court of facts, having found that the sale deeds were collusively created in the name of fictions persons reversed the finding of the trial court to the effect that the pre-emptors having already exhausted their right, title and inte..Category: Property Law | Date: | Hits: 21
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