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Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
.... the same date at 4 p.m. at the office of the seller in the presence of the persons submitting the quotations or their authorised representatives, if any. 6. The seller reserves the right to reject any or all quotations without assigning any reason whatsoever. The prescribed appl......ree dated 29.11.1993 passed by a Division Bench of the High Court Division in First Appeal No.23 8 of 1991 allowing the appeal and thereby dismissing the suit filed by the plaintiff-appellant for refund of Tk. 15,00,0007-being earnest money forfeited by the defendant-respondent. 2. T......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......d time, the earnest money was forfeited in terms of the contract as the forfeiture of the earnest money was in accordance with the terms of the contract concluded between the parties. 4. The trial court, on consideration of the evidence on record, decreed the suit. 5. The defendant ..Category: Property Law | Date: | Hits: 33
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....29 of 1984 in the Court of Assistant Judge, Kaliakair, Gazipur for permanent injunction against the government and the suit was dismissed for some defects but the said dismissal did not affect the right, title and interest of the defendants in the suit land. Subsequently, defendant Nos.2 and 3 p......f 1990 in the Court of the learned Senior Assistant Judge, Gazipur which was subsequently renumbered as T.S. M No. 10 of 1992 in the 2nd Court of the Additional Assistant Judge, Gazipur for declaration that T.S. No.308 of 1973 and the ex parte decree obtained therein by the defendant...... of rents from them by the Thana Revenue Officer will not extinguish the right, title and interest of the government in the suit land so long the said notifications subsist. This state of affairs is further bolstered and reinforced by the fact that T.S. No.29 of 1984 filed by the defendan......it land in the name of the defendant Nos.2 and 3 and others and realised rent from them." 9.The learned Single Judge of the High Court Division while concurring with the finding of the trial court that the plaintiff appellant succeeded in proving that the judgment and decree passed ..Category: Property Law | Date: | Hits: 35
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ...... Lawyers Involved: M. Enayetur Rahim, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 191 of 2004. (From the judgment and order dated 12.05.2004 passed by th......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......ce investigated the case and submitted charge-sheet on 11 February 1992 against the petitioners and others under Sections 144/148/324/302/114/34 of the Penal Code. 4. The case being sent for trial, the learned Sessions Judge, Dinajpur on 28.09.1992 framed charge against the accused under S..Category: Criminal Law | Date: | Hits: 43
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......rd-For the Petitioner. Khan Saifur Rahman, Senior Advocate, instructed by Abu Siddique, Advoate on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 192 of 2006. (From the judgment and order dated 30.03.2006 passed by th......nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......inal Appeal No. 4561 of 2003 has been preferred before; the High Court Division and during pendency of the appeal the respondent Md. Alauddin filed an application for bail and he was fugitive from trial for many days during the trial but still was allowed bail by the High Court Division. It may ..Category: Criminal Law | Date: | Hits: 36
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ...... Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-For the Petitioner (In both the cases) Not represented-Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 392 & 393 of 2003 (From the judgment and order dated 23.11.2002 pass......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......d got a decree. The petitioner paid gas bill, electricity bill, rent etc. On prayer of Sahera Khatun the name of Mogol Bibi was deleted and Sahera Khatun was added as plaintiff in the suit. 4. The trial court on consideration of the materials on record dismissed both the suits. On appeal the appe..Category: Tenancy Law | Date: | Hits: 155
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....y Alam, the learned Senior Advocate, appearing for the respondents, supported the impugned judgment of the High Court Division, contended that the High Court Division in its revisional jurisdiction rightly passed the impugned judgment and order and there is no error in the decision causing failu......nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mahbubey Alam, Senior advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 316 of 2006. (From the judgment and order dated 20-10-2005 passed by th......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ...... New York in United Stated of America and an attempt was also made by the plaintiff-opposite party No.1 to effect service upon her New York address but that service return has not yet reached the trial Court but in the meantime some subsequent development took place in the matter. Arising out ..Category: Property Law | Date: | Hits: 24
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
.... to defendant Nos. 1-3 by three separate kabalas dated 28.10.1976 and delivered possession thereof to them and the defendant Nos. 1-3 are in possession of the suit land and the plaintiffs having no right, title as well as possession in the suit land they were not entitled to get any relief. The ......s......Respondents Judgment April 24, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1283 of 2004. (From the judgment and order dated 8th March, 2003 passed......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......d that the prayer for amendment of the plaint sought for is quite in conformity with the plaint case and if the same is allowed that would in no way change the nature and character of the suit; the trial Court give the finding of possession of the suit land in favour of the plaintiffs on consider..Category: Property Law | Date: | Hits: 25
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
.... Judge (now Joint District Judge), Madaripur in Title Suit No. 4 of 1989. 2. The suit was filed seeking declaration of title, confirmation of possession and for declaration that the record of right prepared in the name of the defendants is illegal and fraudulent. The suit relates ......y leave against the judgment dated November 22,1998 of the High Court Division in Civil Revision No. 705 of 1995 making the rule absolute and thereupon sending the suit back to the trial Court for re-hearing in the light of the observation made by the lower appellate Court and with further ......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ...... and 17-19 by leave against the judgment dated November 22,1998 of the High Court Division in Civil Revision No. 705 of 1995 making the rule absolute and thereupon sending the suit back to the trial Court for re-hearing in the light of the observation made by the lower appellate Court and wi..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....onfirmation of possession and for perpetual injunction with alternative prayer for recovery of possession stating, inter alia, that the suit land, which belonged to Ramjan Sheikh in occupancy right, was auction purchased by Alep Hawlader in a rent sale; subsequently for arrears of rent the ......ioners. Harendra Nath Nandi, Advocate instructed by Prinash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-14 Civil Petition for Leave to Appeal No. 1303 of 2004. (From the judgment and order dated 2......cord 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: IV ADC (2007) 841. ......t the suit is barred under section 66 of the Code of Civil Procedure; the plaintiff could not prove even the specific year of dispossession not to speak of the specific date but even then the trial court decreed the suit; the High Court Division failed to consider that all the documents rel..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....e and interest in the land in suit and the sale deed dated October 28, 1980 is a sham transaction and thereby no title accrued in favour of the recipient of the said kabala, that the record of right in respect of the land prepared in the name of Gedu Miah and his heirs was wrong. ......Abu Siddique, Advocate-on-Record-For the Petitioners Sufia Khatun, Advocate-on-Record-For Respondent Nos. 3 and 9 Not represented-Respondent Nos. 1, 2, 4-8 & 10-49 Civil Petition for Leave to Appeal No.1491 of 2004 (From the Judgment and Order dated January 28, 2004 passed ...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......ve in the homestead of Yasin, that in Yasin's portions plaintiffs, defendant Nos. 2-10 and defendant No.1 have huts of different size, that in Khoaj's part his heirs are living. 4. The trial Court dismissed the suit with the finding that plaintiff failed to establish any case for dec..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......1993 reversing those of the Assistant Judge, Pangsa, Rajbari, dated 28.04.1993 in Title Suit No. 44 of 1985 dismissing the same. 2. The leave petitioner filed the Title Suit No. 44 of 1985 before the Assistant Judge, Pangsa, Rajbari, seeking for a decree of specific performance of contrac......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......f contract and lawfully reverse of the learned Subordinate Judge and as such has committed no wrong in setting aside the decree passed by the learned Subordinate Judge while restoring those of the trial Court. 9. It appears from the record that the defendant has admitted receipt of Tk. 3,..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... the Petitioners. Gobinda Chandra Tagore, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Respondent No. 1. Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1651 of 2003. (From the Judgment and Order dated July 22, 2003 passed b...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......pon mutation of their names paying rent, that plaintiff filed Miscellaneous case before the certificate officer for setting aside of the auction sale but the same was dismissed. 5. The trial Court dismissed the suit on the finding that plaintiff failed to prove his case. The plaintif..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
.... be any beneficiary. In the case of death of a son without any issue, his widow shall not get any share in the waqf estate, The waqfnama contains a provision that even a son may have his right to the allowance forfeited in the event of his going away elsewhere. In the event of total e...... of 1967). Judgment Ruhul Islam J. - This appeal by special leave is directed against the judgment of the High Court Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......ourt Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the plaintiff is the mutwalli, which was decreed by the trial Court. The decision of the High Court Division is mainly based on the finding that no valid ..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....e, namely, Ismail Sayed vs. Commissioner of Karachi, 1968 SCMR 509 the Pakistan Supreme Court, in making a casual observation, said that the suit property being of the value of more than Rs. 100/- no right, title or interest in it could, under section 17 of the Registration Act, be conveyed except b......e judgment of a Single Judge of the High Court Division passed in Second Appeal No. 665 of 1968 on August 3, 1979. 2. The predecessor of respondent Nos. 1 to 7 instituted O.C. Suit No. 61 of 1965 for declaration that the suit land appertained to his original C.S. khatian No. 27 and that the prop......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......as bargadar who subsequently took settlement of the said land from the landlord in 1355 B.S. Since then he has been in possession. The rent roll khatian No. 23 has been correctly prepared. 6. The trial court found title and possession in favour of the plaintiff and decreed the suit with costs ag..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....on the case of Abdul Wadud vs. State reported in 48 DLR (AD) 06 may be referred to. In that case it was held that if a statute deals merely with the procedure in an action, and does not affect the rights of the parties, it will be held to apply, prima facie, to all actions pending as well as fut...... Lawyers Involved: Saidur Rahman, Advocate, instructed by Md. Ahsanullah Patwary, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 230 of 2006 (From the judgment and order dated 16.11.2005 passed by......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......hat section 339(C) of the Code of Criminal Procedure having been amended and a new provision having been added to the effect that the proceedings cannot be stopped when the specified time for trial is over and the accused may be released from custody. The High Court Division furth..Category: Criminal Law | Date: | Hits: 96
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ...... A.J. Mohammad Ali, Attorney General, (Helaluddin Mollah, Deputy Attorney General, with him) instructed by A. S. M. Khalequzzarman, Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 60 of 2006 (From the judgment and order dated 29.01.2006 passed by th......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......harge sheet against the accused petitioner and others under Sections 326/302/109/34 of the Penal Code on 16.03.2005.The Government by notification in the official gazette transferred the cases for trial before the Druto Bichar Tribunal No.1, Dhaka. &..Category: Criminal Law | Date: | Hits: 64
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... instructed by Md. Wahidullah, Advocate-on-Record-For the Petitioners. Ahsanullah Patwary, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1073 of 2005. (From the Judgement and order dated 13.04.2005 passed by th......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... arising out of interest. But the plaintiff-Bank without considering the application of the defendants instituted the said Title Suit No. 120 of 1997 by suppressing the actual fact. 4. The trial Court upon hearing the parties dismissed the suit by judgment and decree dated 17-08-2004 an..Category: Banking Law | Date: | Hits: 85
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ...... Leave petition is dismissed 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. 938 of 2005 (From the judgment and order dated 19.03.2005 passed by the H......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......ted papers. 4. The learned Single Bench further held that the original suit was one under section 77 of the Registration Act for registration of the disputed document which was dismissed by the trial court on the ground that there was no material on record to indicate that any appeal was filed..Category: Procedural Law | Date: | Hits: 97
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....that Salam Patwary thereafter transferred 32.50 decimals of land to Sahara Khatun and accordingly became owner of 71.50 decimals of land out of 97 decimals of land; that the plaintiffs have no right, title and interest over the suit land and they brought the suit upon false averments and as......e Petitioner. Enayetur Rahim, Advocate, instructed by A.K.M Shahidul Huq Ali, Advocate-on-Record-For the Respondent Nos. 1-5. Not represented-Respondent Nos. 6-11. Civil Petition for Leave to Appeal No. 265 of 2004. (From the judgment and order dated 25th March, 2003 pass......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......ffs have no right, title and interest over the suit land and they brought the suit upon false averments and as such the suit is liable to be dismissed. 4. Upon hearing the parties, the trial Court dismissed the suit by judgment and decree dated 10-10-2000 and against which the plaint..Category: Property Law | Date: | Hits: 33
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......ers..........Respondents Judgment July 11, 2006. Lawyers Involved: Abul Quasem, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 1368 of 2004 (From the judgment and order dated 24.04.2004 passed by ...... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......esence of Mukabela witnesses and as such the petitioner was aware institution of the suit and he date of ex-parte decree. Both the parties’ adduced evidence in the miscellaneous case and the trial court dismissed the case. On appeal, being miscellaneous Appeal No.16 of 1994, the appellate ..Category: Property Law | Date: | Hits: 24
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