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Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
....m J.- This petition for leave to Appeal is directed against the judgment and order dated 14.01.2007 passed by the High Court Division in Civil Revision No.103 of 1994 making the Rule absolute setting aside the judgment and decree dated 06.02.1993 passed by the Subordinate Judge (Joi...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ....... Mihir Kanti Majumder, learned Advocate, appearing for the petitioners submitted that the appellate Court below by traversing all the material issues on facts and law reversed the findings of the trial Court and came to its independent findings that the plaintiff failed to prove that Debic......nul Abedin J Md. Abdul Matin J Chitta Ranjan Roy……………………………Petitioner Vs. Dhirendra Nath Roy and others………………Respondents Judgment July 2..Category: Property Law | Date: | Hits: 27
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....land belonged to S.A. recorded tenant Noor Mohammad and Faizuddin Mondal. Faizuddin Mondal died leaving behind widow Sakhimon and pre-emptor one daughter and defendant Nos. 2 and 3 and the two sons as his legal heirs. They remained in possession into the suit land in ejmali along with their ......rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ......transferred to the learned Subordinate Judge Second Court, Rajshahi who by his order dated 03.04.2000 allowed the appeal reversing the judgment and order of the trial Court allowing the pre-emption. 6. Being dissatisfied with the aforesaid order t......l Matin J Md. Azizur Rahman…………………………………Petitioner Vs. Alatun Bewa alias Jahanara Bewa and others.............Respondents Judgment July 30, 2008. Lawyers involved: ..Category: Property Law | Date: | Hits: 26
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....ection 60(3) of Ain 2003 the same can not be transferred to the Artha Rin Adalat constituted under the new Ain 2003 and as such the entire proceeding of the above execution case is also illegal. 3. Agrani Bank opposed the Rule and filed affidavit in opposition contending tha......etition holding that there is no substance on the points as raised above. 9. Accordingly there being no illegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC......llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/s. Cromvege Tannaries Ltd. and another......................................Petitioners Vs. Joint District Judge..Category: Civil Law | Date: | Hits: 103
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....rsing the judgment and decree dated 18.01.1996 passed by the learned Subordinate Judge, 1st Court, Brahmanbaria in Title Suit No.03 of 1993. 2. The facts, in short, are that the predecessor of the petitioner, Abdul Gafur as plaintiff instituted Title Suit No. 3 of 1993 impleading the ...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ...... suit was decreed on 20.09.1968 but on appeal that decree was set aside. Ultimately the High Court Division in 2nd appeal set aside the decree of the lower appellate court and confirmed that of the trial court. 5. In the aforesaid Title Suit No.1 of 1967 the petitioner's case as defendant'......d. Abdul Matin J Md. Abdul Aziz J Abdul Gafur being dead his heirs, Md. Mujibur Rahman………………….Petitioner Vs. Mariom Bibi and others…..................................Respondents Judgment March 12, 20..Category: Property Law | Date: | Hits: 25
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....d. Abdul Aziz J.- This petition for leave to appeal is directed against the judgment and order dated 10.12.2007 passed by a Single Bench of the High Court Division No. 42 of 2004 making the Rule absolute arising out of judgment and order dated 21.07.2003 passed by the learned Joint District Judg......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......in favour of the defendants since the defendant is in exclusive pos session of the suit land long before filing the suit as such this petition for injunction is not maintainable, etc. 4. The trial Court upon hearing the parties directed them for maintainable status quo by it's order dated ......ed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No.1-4. Not represented-Respondent No. 5-26. Civil Petition for Leave to Appeal No. 382 of 2008. (From the judgment and order dated10.12.2007 passed by the high Court Division in Civil Revision No.42 of 2004.) ..Category: Property Law | Date: | Hits: 22
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....Amin CJ.- This petition for leave to appeal is directed against the judgment and order dated 28th August, 2006 passed by the High Court Division in Civil Revision No.4178 of 2005 making the Rule absolute. &nb......Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......he present petitioner was not a party and the alleged dispossession is said to have taken place in 1989 and the suit was transferred and renumbered as Other Class Suit No. 22 of 1992. 3. The trial Court decreed the suit and on appeal judgment was affirmed and thereafter the Execution Case......l Abedin J Mahbubur Rahman Miah……………………………………Petitioner Vs. MA Kabir Chowdhury and others………………...Respondents Judgment Janu..Category: Property Law | Date: | Hits: 25
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....f No. 1 for a visit and plaintiff No.1 demanded maintenance for her daughter at a rate of TK. 1,000.00 per month and TK.2, 000.00 per month for herself from the defendant. The plaintiff No.1 also claimed unpaid dower of TK.30, 000.00 from the defendant. Defendant refused to pay the dower and......ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ......plaintiffs filed an application for D.N.A. test of plaintiff No.2 and the defendant on 20.07.2006 against which the defendant filed written objection and after hearing the parties the learned trial Court rightly and legally allowed the application for D.N.A. Test. The High Court Division re......sent: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Ijal Uddin Munshi ………..Petitioner Vs. Mst. Rokeya Khatun and another……..Respondents Judgment January 19, 2009. Lawyers Inv..Category: Family Law | Date: | Hits: 280
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
....min CJ.- This petition for leave to appeal is directed against the judgment and order dated 11th February, 2007 passed by the High Court Division in Civil Revision No.1724 of 1998 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the suit building a four...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569.......for hearing on 18.9.1997. The plaintiff also filed an application praying time for filing written objection in pursuance of the application for mandatory injunction filed by the defendants. 7. The trial Court allowed the application for mandatory injunction filed by the defendant and rejected the......ate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Nazmul Huda Chowdhury……………………………..Petitioner Vs. Janata Bank and another...............................Respondent Judgment December 18, 2008. Result: ..Category: Property Law | Date: | Hits: 28
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....haracter of the suit would be converted to one of title. The plaintiffs are claiming a decree for specific performance of contract against the defendant No.12-14 and the applicants are also claiming title from the said defendants in respect of the self-same land. If the plaintiffs get ......e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......licants preferred civil revision against the appellate decree and in not considering that the applicants are not entitled in law to agitate the question of title against the defendants at the trial stage of the instant suit. The learned Advocate further submitted that the rejection of ......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Noor Jahan Begum and another………………….Petitioners Vs. Go..Category: Property Law | Date: | Hits: 25
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
.... the judgment dated 10.04.1997 passed in Writ Petition No2456 of 1996 and Civil Petition for Leave to Appeal No. 744 of 1997 on the basis of the aforesaid decree in Title Suit No. 64 of 1972 were also obtained by practising fraud and forgery on the Court and are therefore inoperative, null and v......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......he suit was dismissed for default on 22.04.2003. The plaintiff of the Title Suit No. 172 of 2000 filed and application on 27.10.2003 under section 151 of the Code of Civil Procedure before the trial Court for restoration of the said Title Suit No.172 of 2000 and upon hearing the plaintiff-p...... Md. Abdul Matin J M.A. Aziz………………..............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Ramna, Dhaka and another.......Respondents. Judgme..Category: Property Law | Date: | Hits: 23
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
.....W.2 rushed to the house of Saaduddin and found the victim dead and though P.W.1 saw finger marks on the throat of the victim but it was given out that the victim had committed suicide by taking poison and so P.W.2 lodged Unnatural Death Case No.13 of 1997; after holding the inquest on the dead b......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ...... victim which was ante-mortem and homicidal in nature. The police, after investigation, submitted charge sheet against the petitioner under section 302 of the Penal Code. At the commencement of the trial of the case, the petitioner was charged under section 302 of the Penal Code but the same cou......lved: Md. Helaluddin Mollah, Advocate- For the Petitioner. S. M. Abdul Mobin, Deputy Attorney General-For the Respondent. Jail petition No.19 of 2007. (From the judgment and order dated 22.11.2005 passed by the High Court Division in Death Reference No.112 of 2003). ..Category: Criminal Law | Date: | Hits: 50
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
.... that the impugned judgment and decree is bad in law as well as in facts. The learned Subordinate Judge (now Joint District Judge) failed to appreciate the facts and circumstances of the case and also failed to apply his judicial mind in the record and dismissed the suit by making out a third ca...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ......nd the suit land has not been acquired in L.A. Case Nos. 62/1964-65 and 14/1965-66 by the defendant No.4. The suit was contested by the defendant Nos.1 and 2 by filing joint written statement. The trial Court by the impugned judgment dated 30.11.1994, dismissed the suit. 3. Being aggrieve......p; General Manager, Bangladesh Railway……………….Petitioner Vs. Badruddin Ahmed being dead his heirs: Most. Sajeda Begum and others....Respondents Judgment April 8, 2009. Lawyers Involved: Shahee..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....hul Amin CJ.- This appeal, by leave, is directed against the judgment dated March 25,1998 of a Division Bench of the High Court Division in Civil Revision Nos.3575 and 3576 of 1995 making the Rules absolute obtained in the said civil revision cases. 2.Civil Revision No. 3575 of 1995 was filed aga......of the discussion 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: 62 DLR (AD) (2010) 255. ......Court Division by the Judgment dated March 25, 1998 made the Rules absolute upon observing that before the appellate Court it was urged by the appellant in Miscellaneous Appeal No.45 of 1994 that the trial Court passed the award on the basis of the assessment of value of the building and other struc......e is also Reported in: 62 DLR (AD) (2010) 255. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
.... being detained illegally by the writ respondent Nos. 1-3 i.e. father, grand father and grand mother. 3. The High Court Division made the Rule obtained in the aforementioned writ petition absolute in the following terms: "two minors, namely, Sagorika Noami Azad Huq and M......role kept the writ petitioner in the house of the respondent Nos. 2 and 3 for 90 days assuring reconciliation between her and the respondent No.1 but after 90 days the respondent Nos. 2 and 3 called writ petitioner's brothers and made unfounded allegations against the writ petitioner and th......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Samudra Ejazul Haque and others………………….Petitioners Vs. Far..Category: Family Law | Date: | Hits: 171
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....with the money borrowed from the bank and that they failed to take delivery of pledged goods inspite of request and consequent thereupon quality of the goods deteriorated and that at one stage bank sold the goods and deposited the proceeds in the account of the defendants; that the defendants ha......sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......r argument. At that stage of the matter the defendants filed an application seeking direction on the plaintiff for production of papers mentioned in the application so filed by the defendants. The trial Court after hearing the parties rejected the same. The defendants challenging the said order ......una Enterprise, represented by its Proprietor A. K. M. Kutubuddin Khan……………Petitioner Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj and others………Respondents Judgment May 10, 2007. Lawyers In..Category: Civil Law | Date: | Hits: 91
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....p;Md. Ruhul Amin CJ.- The appeal, by leave, is directed against the judgment dated February 20,1995 of a Single Bench of the High Court Division in Civil Revision No.1484 of 1991 making the Rule absolute obtained against the judgment and decree dated February 10, 1999 of the Court of Subordinate...... background of the discussion 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: ......plaintiff Nos. 1 and 2 sold .99 acres of land to him by registered kabala dated January 13, 1986 and since purchase he is in possession of the said land in ejmali with the plaintiffs. 6.The trial Court on consideration of fact of preparation of the M.R.R. khatian arrived at the finding t......also Reported in: ..Category: Property Law | Date: | Hits: 28
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
.... Police Station Case No.2 dated 15.04.1990 under Sections 147/148/3237 324/325/326/307/302/114 of the Penal Code alleging, inter alia, that on 15.04.1990 at about 12 a.m. 41 F.I.R. named accused persons forming unlawful assembly being armed with deadly weapons surrounded the house of one Mohammad......tness which was essential for proper adjudication for the ends of justice; that in case involving capital punishment the petitioner will be highly prejudiced if the P.W.26 is not re-called for completing the cross examination and as such the impugned order is liable to be set asid......igh Court Division in Criminal Revision No.507 of 2005 under Section 439 of the Code of Criminal Procedure vacating the order of Stay granted earlier without hearing the Rule and directing the trial Court to conclude the trial expeditiously. 2. The facts of the case, in brief, are th......ADC (2009) 539. ..Category: Criminal Law | Date: | Hits: 40
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....aon Police arrested the accuseds Aleya Begum and Abdur Rouf by dint of the G.D.E No.730 dated 17.09.2004 under Section 54 of the Code of Criminal Procedure and forwarded them to the Court. It is also alleged in the First Information Report alleging the accuseds to be the woman trafficker and tha......nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......nce are disclosed in the case, there is no scope to seek quashment under Section 561A of the Code of Criminal Procedure, whether the case is true or false will be only decided upon evidence at the trial. 7. In view of the above, we find no substances in the submissions of the l......to Appeal No. 256 of 2006. (From the judgment and order dated the 6th April, 2006 passed by the High Court Division in Criminal Miscellaneous Cas..Category: Criminal Law | Date: | Hits: 52
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
.... 2. Facts, in brief, are that the petitioners, as plaintiffs, filed the above suit for declaration of their title on 3.781½ acres of land described in schedule Ka of the plaint and also for declaration that the compromise decree dated 17.6.77 passed in Title Suit No.68 of 1997......ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......High School, who used to know the signature of defendant No.1 issued a certificate Ext.5 wherein the date of birth of Gopal Chandra the defendant No.1 was shown on 30.4.1950 and so the trial Court disbelieved the taking of pattan by the defendant No.1 in the year 1354 B.S,......preme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Ranjit Kumar Bal and another……………………………...Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....gifted his share to Jogendra Nath Brahmo, Nagendra Nath Brahmo and Kedar Nath Brahmo Sons of Jadav Chandra Brahmo by a registered deed of gift dated 24th Agrahayan, 1330 B.S. Satish Chandra Brahmo sold his share to one Jaladhar by a registered deed dated 1.2.1931. Jaladhar in his turn sold that ......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......o. 5(Suja)/1970-71, their interests were declared vested and the defendant No.1 has since leased out the same to the defendant Nos.4-25. Therefore, the suit is liable to be dismissed. 4. The trial Court on consideration of the materials on record decreed the suit in part in respect of 1/3......Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Jabbar Sarder…........................Petitioner Vs. Assistant Custodian, Enemy Property, Pabna and others………........Respondents Judgment February 2, 2009. ..Category: Property Law | Date: | Hits: 24
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