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Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)
....hy;er gave proposal for marriage with her through one of his friends and the said marriage was a legal one which took place with the consent of both of them and the same was duly consummated and a son was born out of that wedlock. 4. The trial Court dismissed the suit. On appeal being Titl...... 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) 427. ......gh one of his friends and the said marriage was a legal one which took place with the consent of both of them and the same was duly consummated and a son was born out of that wedlock. 4. The trial Court dismissed the suit. On appeal being Title Appeal No.194 of 1989 the appellate Court als......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 585 of 2006. (From the judgment and order dated 02.02.2006 passed by the High Court Division in Civil Revision No.2196 of 1990.) ..Category: Family Law | Date: | Hits: 169
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....1994 reversing those of dated 9.3.1994 of the learned Subordinate Judge (now Joint District Judge), First Court, Barisal passed in Title Suit No.13 of 1980 decreeing the suit. 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos.8-21, as plaintiff......ality 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: VI ADC (2009) 424. ......nbsp; 3. The trial Court, after hearing, decreed the suit. On appeal and the learned Additional dis...... VI ADC (2009) 424. ..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....leave to Appeal at the instance of the petitioners is directed against the judgment and order dated 08.02.2006 passed by the High Court Division in Civil Revision No.3975 of 2001 making the Rule absolute setting aside the judgment and decree dated 17.07.2000 passed by the Additional District Jud....... Therefore, the claim of the defendant has not been established and the Courts below without proper appreciating of that exhibit illegally decided the fate of the suit. It appears that the so-called record of right in the name of Abdul Monaf and subsequently corrected in the name of the con......1860 (Exhibit-Ga) in the name of plaintiffs for an area of 0.22 acres of Abdul Taluk. All of which clearly proved that the plaintiffs have no right, title and interest over the suit land; that the trial Court while considering the local investigation report specifically stated that wit......C (2009) 419. ..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....This petition for leave to appeal is directed against the judgment and order dated 7.2.2006 passed by a Single Bench of the High Court Division in Civil Revision No. 1401 of 1990 making the rule absolute. 2. The short fact leading to the filing of the leave petition is that the respondent......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) 416. ......hy;ties have been leasing out the land to Harun-or-Rashid and Sahiluddin Sarder who are in possession of the same. The plaintiffs have no right, title or possession in the suit land. 6. The trial court after hearing decreed the suit by a judgment and decree dated 31.5.1986. Being aggrieve......ucted by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-For the Respondents Civil Petition for Leave to Appeal No.623 of 2006. (From the judgment and order dated 7.2.2006 passed by the High Court Division in Civil Revision No. 1401 of 1990.) ..Category: Property Law | Date: | Hits: 23
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....No. 5531 of 2004 summarily rejecting the revisional application. 2. This case of the plaintiff, in short, is that Radha Ramon Saha was the original owner of the suit land. He died leaving behind son Bagobath and wife Kiron Bala. His another son Ranjit Saha met a civil death when his father was ......vision 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) 414, 19 BLT (AD) (2011)137.......erty was entered into the census list at serial Nos.12 and 15 as enemy property and subsequently said property was duly and correctly recorded in the R.S. record as the vested property. 4. The trial Court dismissed the suit. On appeal being Title Appeal No. 2 of 2001 the appellate Court also ......nuary 9, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners Respondents-Not represented Civil Petition for Leave to Appeal No.452 of 2006. (From the judgment and order dated 11.04.2006 passed by the High Court Division in civil order No.5531 of 2004) Judg..Category: Property Law | Date: | Hits: 29
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....lul Karim J. - This petition for leave to appeal directed against the judgment and order dated 25.07.2005 passed by the High Court Division in Civil Revision No. 2651 of 1999 making the Rule absolute challenging judgment and decree dated 28.04.1999 passed by the learned 5th Subordinate Judge......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......g the defendants. The plaintiff sworn in an affidavit in support of the prayer for injunction and disclosed that he was aged about 28 years on that date. The plaintiff was examined by the trial Court on 15.07.1996. The plaintiff in his cross examination has admitted প্র....... Not represented- the Respondent. Civil Petition for Leave to Appeal No.211 of 2006 (From the judgment and order dated 25th July, 2005 passed by the High Court Division in Civil Revision No.2651 of 1999..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....tition for leave to appeal is directed against the judgment and order dated 31.8.2005 of the High Court Division passed in Writ Petition No. 5072 of 1996 discharging the Rule. 2. The predecessor of the petitioners filed the above writ petition challenging the order dated 27.2.1982, of the ......iated in the decisions cited in the impugned judgment, discharged the Rule on the ground of delay. The learned Advocate-on-Record further submitted that the malafide character of the co-called requisition of the above property being apparent on the face of the record as the notices un......is no illegality 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) 406. ......Division (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Capt. Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, represented by the ..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....ntending, inter alia, that the respondent No.1 after coming back from Japan started Transport business with two high quality buses which he imported while coming from Japan. The respondent No.1 also imported two other high quality buses to carry on transport business in the name of respondent No......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......o take immediate steps to release two double Decker buses on payment of all duties and taxes and to sell and to keep out of the sale proceeds of TK.43, 00,000.00 in fixed deposit to the credit of the trial Court till final decision of the suit. 2. The facts of the case, in short, are that the p...... CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Dhaka Bank Limited…………………………………..Appellant Vs. Monir Hossain and others………….........Respondents Judgment August 25, 2008. Lawyers Involved: ..Category: Business or Commercial Law | Date: | Hits: 142
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....60,000/- and a sum of Tk.5,000/- was paid by the plaintiffs as earnest money and subsequently Tk. 44,060/- was paid out of balance consideration money and after receiving the said amount, the son of the defendant No. 12 on her behalf signed the written agreement and thereafter the plai......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ...... of the plaintiffs. She never handed over possession to them and she only sold the suit land to the defendant Nos. 1-8 by execution of kabala deeds and handed over possession to them. 6. The trial Court dismissed the suit. On appeal being Title Appeal No. 804 of 1999 the appellate Court al......ion (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Monowara Begum and others…………………………..Petition..Category: Property Law | Date: | Hits: 27
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
..... Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 05.03.2006 passed by the High Court Division in Civil Revision No.344 of 1995 making the Rule absolute. 2. The facts, in short, are that the predecessor-in-interest of the opposite p......e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......f Plot No. 1063 on 10.09.1979. The defendants have been in possession of the suit land. Meharjan did never get pattan of the suit land nor did she transfer the land to the plaintiffs. 5. The trial court decreed the suit and on appeal the appellate court affirmed the judgment of the trial c......se is also Reported in: VI ADC (2009) 377. ..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....p; Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 13.12.2006 of the High Court Division passed in Civil Revision No. 961 of 1998 making absolute the Rule obtained impugning the judgment and decree dated 25.9.1997 of the learned Additiona......there is no illegality 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) 373. ......rned Advocate and perused the impugned judgment and order of the High Court Division and other connected papers. 6. As it appears the High Court Division made the Rule absolute holding that trial Court, having found that the Ekrarnama, Ext-Uma, was unregistered and the same was written by...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nur Islam Sharif alias Eslam Ali……….........Petitioner Vs. Amjed Ali Molla and others…........Respondents Judgment July 21, 2008. Lawyers Involved..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....J. - This petition for leave to appeal is directed against the judgment and order 21-05-2006 passed by a Division Bench of the High Court Division in Writ Petition No.3129 of 2004 making the Rule absolute. 2. The petitioner's case, in brief, is that the petitioner took active part in the l......00/- as security money through Social Investment Bank Ltd. Agrabadh Branch, Chittagong. As per Rule 7(2) of the Chittagong Development Authority Residential Plots Allotment Rules (hereinafter called as the Rules), after scrutiny the application of the petitioner was accepted by the responde......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Kazi Abdul Hoque……………………..Petitioner Vs Md. Baharuddin and others ........Respondents Judgment May 15, 2008. Lawyers Involved: ..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....f bank, during the period from 24.1.1984 up to 29.9.1985, opened 48 import L/Cs on behalf of the defendant respondent No.1 for a total amount of US$ 8,96,459.95 for import of fabrics and accessories from abroad and also opened 21 export L/Cs for US$ 14,73,350.70; in order to avail th......o authority to open C.C. Account No.42 in the name of the defendant No.1 and as such the defendants are not liable or bound by any entry in that account; the officers of the plaintiff opened the so called C.C. Account No.42 with a view to cover up their misdeeds and to avoid liability; the defen......e same has not been credited in the C.D Account and there are other defects in the said Statement of Account and so the plaintiff is not entitled to get any money from the defendants. 4. The trial Court after hearing, dismissed the suit. On appeal the High Court Division, after hearing, di......zul Islam J Md. Joynul Abedin J Md. Abdul Matin J The City Bank Limited……….......................Petitioner Vs M/s. Oscar Fashionwear Ltd. and others……….........Respondents Judgment July 20, 2008. ..Category: Civil Law | Date: | Hits: 106
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
.... Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 12.03.2006 passed by the High Court Division in Civil Revision No. 2832 of 1997 making the Rule absolute and thereby setting aside the judgment and decree dated 11.06.1997 passed by the learned Add......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......has been infringed by the impugned order dated 10.04.1986 they are not entitled to any relief under the law. 5. After hearing the parties and in the facts and circumstances of the case, the trial court dismissed the suit on the observation, inter-alia, that the plaintiff opposite pa......s also Reported in: VI ADC (2009) 361. ..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....g was initiated at the instance of Bangladesh Shipla Bank since respondent No.2 and his father defaulted the payment of the loan. Ultimately the Cinema hall with the land buildings and machinery were sold in auction with the approval of the Bangladesh Shilpa Bank but the auction sale was set aside o...... respondent No.2 who is in legate with respondent No.3 to manage the Cinema Hall itself which the licensing authority is not permitted by the Act and the Rules. The licensing authority even on the so-called solemn cause November, 1998 (impugned in the writ petition). The learned Counsels for the res......ongi and that granting of license to the respondent No. 2 to exhibit motion picture film in the said Cinema Hall. 2. The facts, in short, are that Capri, Cinema Hall was established in Tongi Industrial Area by the respondent No.2 and his late father on taking loan From Bangladesh Shilpa Bank (BS......Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Syeed Ahammed J Md. Nurul Islam Sarker.........Appellant Vs. The Deputy Commissioner, Gazipur and others…......Respondents Judgment May 14, 2002. Result: The Appeal is allowed. ..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....kabala dated 06-01-1987 in favour of the decree holder appellant. Thereafter, the appellant applied in the Execution Case for getting possession of the suit property after evicting the concerned persons therefrom; that while the said matter was pending for disposal, the 3Id party respondent Nos.1......984 in which the respondent Nos.1 and 2 were not panics. Under the facts and circumstances and in view of materials on record, we are of the view the respondents have no locus-standi to file the so called applications for staying the execution proceeding. If the respondents prove their case in t......dinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement) dated 07-10-1983 in favour of the appellant. That the learned trial Court after due service of summons upon the defendant-respondents and exhausting all the proc......r Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mozharul Islam Chowdhury, Advocate……………Appellant Vs Dilip Kumar Roy and others……………………………R..Category: Property Law | Date: | Hits: 31
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....he High Court Division are that the plaintiff instituted Title Suit No.72 of 1991 in the Court of learned Senior Assistant Judge, Sirajganj praying for declaration of title and for partition and also for permanent injunction restraining the defendant Nos.1 and 2 from transferring the suit land c......rt 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: 14 BLC (AD) (2009) 103. ......e his benamder and he was the real owner. It was his further case that as benami was not proved, he was entitled to get back the transferred land under section 4 of the Partition Act. 4. The trial Court by the impugned judgment and decree dated 20-3-1994 decreed the suit on condition that......urt Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Sohrab Ali Molla (Md) and others......................Petitioners Vs. Md. Ataur Rahman Talukder and others ...Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....t No.132 of 1967 in the 3rd Court of Munsif, Narail the respondent opposite party No. 6 got the said property on the basis of a compromise decree passed in the said suit on 23-1-1968 and thereafter sold the present suit premise to the plaintiff-petitioner by a Saf-kabala deed dated 21-1-1974 and ......n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......rest of their property in question hence, they have been constrained to file Title Suit No. 623 of 1979 in the Court of learned Assistant Judge, Narail for declaration of their title. 5. The trial Court dismissed the Title Suit No. 383 of 1978 and decreed the Title Suit No. 623 of 1979 in ...... also Reported in: 14 BLC (AD) (2009) 101. ..Category: Property Law | Date: | Hits: 23
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
...., 1995 to death and referred the case to the High Court Division for confirmation of their death sentence. Convict Abdul Jalil and Amiruddin preferred appeals from jail and subsequently they have also preferred regular appeals. 7. The High Court Division by the judgment and order pass...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ......u Nirjatan Bishesh Bidhan Am, 1995 against convict Fazal Miah, Abdul Jalil and Amiruddin. Among the convicts Fazal Miah remained in absconsion. Abdul Jalil and Amiruddin were arrested and faced the trial. Allegation against them was that prior to the occurrence the convicts occasionally teased t......; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J State.....................................Petitioner Vs. Abdul Jalil and others...........Respondents Judgment February 8, 2009. Lawyer..Category: Criminal Law | Date: | Hits: 38
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....1 of 2005, accepting final report and rejecting the naraji petition of the informant respondent and taking cognisance only against accused Mahbub Alam Nizam while releasing all the accused persons including the accused petitioners. 2. The prosecution case, in short, is that the info......orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......record but also highly illegal inasmuch as the same has prejudged the complicity of the accused petitioners before the trial took place. 6. We have considered the submissions of the learned Advocate-on-Record f......hammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Abu Sayed (Md) alias Saidur Rahman and another..........Petitioners Vs. Sonia Akhter Selina and another…............Category: Criminal Law | Date: | Hits: 79
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