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Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....on and Tenancy Act, 1950 the land in question was listed in khas khatian No. 1, that the suit has been filed by making untrue statements in respect of the land in which plaintiffs have no right, title and interest. 5. The trial Court decreed the suit on the findings that plainti...... purchase from the heirs of Daraj Ullah and possessing the same, that at one time land in suit diluviated but later on alluviated and that the plaintiffs are in possession of the land in suit for about 40 years, that at the time of R. S. record the land was diluvial but during S.A. survey t......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......ion was listed in khas khatian No. 1, that the suit has been filed by making untrue statements in respect of the land in which plaintiffs have no right, title and interest. 5. The trial Court decreed the suit on the findings that plaintiffs by the evidence of competent witnesse..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
.... Government that there is passage over the suit plot No. 837 and the said path has divided the land of plot No. 837 in two parts, in one part .03 decimal of land, that recent revisional record of right has been prepared in respect of 13 decimals of land in the name of the plaintiff, that the de......e and possession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......943, that during S.A. operation land was recorded wrongly in the name of Jairuddin, the defendants are claiming the land in suit by purchase from the successive heirs of Jitu Mondal. 5. The trial Court decreed the suit on the findings that plaintiff proved his case of possessing the land..Category: Property Law | Date: | Hits: 35
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....ent regularly. The suit property was correctly recorded in the names of the plaintiffs and subsequently the same was cancelled. The plaintiffs having learnt about the cancellation of the record of right on 05.02.1974 filed the suit. 3. Defendant Nos.1-4 contested the suit by filing a join...... No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladha......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ...... names of the plaintiffs was again corrected in favour of defendants after filing objection under section 19(1) of the State Acquisition and Tenancy Act. So the suit is liable to be dismissed. The trial court decreed the suit. The appellate court reversed the judgment and decree of the trial cou..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......e employees of the Supreme Court of Bangladesh (High Court Division) were dismissed from the services by order dated 25.07.1996 on charge of gross misconduct. During the pendency of their appeals before the Hon'ble Chief Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subor...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......stituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka on 01.08.1996 for a declaration that the said order of dismissal was illegal. The learned trial court fixed the suit for hearing on maintainability. Upon hearing only the learned Advocate f..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......iew Petition No. 21 of 2003. Judgment: Amirul Kabir Chowdhury J. - This is a petition for review of the judgment and order dated 14.5.2002 dismissing the Civil petition for Leave to App......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....in possession and occupation of the suit premises for more than 18 years and since he accepted the offer to purchase the suit property as per valuation determined by abandoned property authority a right had been created in his favour which could not be taken away by the defendants. It was furthe......o. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relat...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......he plaintiff took an appeal before the learned District Judge. The Additional District Judge, 2nd Court, Dhaka, who heard the appeal, allowed the appeal setting aside the judgment and decree of the trial Court and directed the defendant-petitioner Government to register a document on acceptance o..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....o gave possession of 'Kha' schedule properties to the plaintiff in Bangladesh in pursuance of the contract. But when the plaintiff came to this country on query he learnt that Ghose brothers had no right, title and interest in respect of the lands of Mouza Hardi and Paltadanga though some lands o...... of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by exchange with aforesaid persons got the said property by way of exchange of his 'Ka' schedule property in India in......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......nal owners and they have been in possession of the same and the plaintiff never lived in suit village and never possessed the 'Kha' schedule land and the suit is barred by limitation. 4. The trial Court on consideration of the evidence adduced by the parties dismissed the suit. On appeal b..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......idence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. The suit was decre......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......ained therein with the observation that the defendant-petitioner shall be at liberty to file a fresh application under Section 11 of the Code of Civil Procedure on the point of res-judicata and the trial Court shall frame one of the issues as to whether the suit is barred by res-judicata and will..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....ration for loan to build a 4 stored building and that he has started foundation work, that on June 2, 1987 defendants threatened him to dispossess from the land in suit, although defendants have no right, title, possession and interest in the land in suit and that paper on the basis of which def......ing the judgment and decree dated February 28, 1989 of the 4th Court of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land b......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......arch 22, 1984 has informed the Railway that the said Ministry never leased out the suit land for 99 years to the plaintiff, that the land in suit is in the possession of the Railway. 4. The trial Court on consideration of the evidence both oral and documentary, of the parties dismissed th..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ad Nawab Ali, Advocate-on-Record- For the Petitioner A.S.M. Khalequzzaman, Advocate-on-Record- For Respondent No.1. Not represented- Respondent No. 2-10. Civil Petition for Leave to Appeal No. 1145 of 2004. Judgment: ......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ill pending. In the aforesaid Miscellaneous Case No. 495 of 2003 the respondent Nos.1 and 2 filed an application for temporary injunction against the petitioner and others which was allowed by the trial court by order dated 30.09.2003 and the present petitioner and others were restrained from ma..Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....the conclusion regarding possession of the defendants in the suit land observed that there was no denial of the fact that C.S. Dag Nos. 585 and 586 are in possession of the defendants in their jote right from the time of their predecessors under the common landlords within the same Mouza as of Da...... Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now Assistant Judge) Tangail for declaration of title and recovery of khas possession. The suit was decreed. The defendant prefe...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......gail for declaration of title and recovery of khas possession. The suit was decreed. The defendant preferred Title Appeal No. 395 of 1963 which was allowed and the judgment and decree passed by the trial court was reversed. The plaintiffs preferred 2nd Appeal No. 1204 of 1965 before the High Cour..Category: Property Law | Date: | Hits: 34
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......Procedure and thereupon striking out the 2. Facts, in short, are that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725.92/- (as on 24.6.1996) impleading as many as 7 defendants includin......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... to be struck out from the plaint, that defendant Nos. 3 and 4 having admitted, undertaken and declared their liability to the Bank the High Court Division was wrong in upholding the finding of the trial Court to the effect that plaintiff will get no decree against them as they were not borrower..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....rest created some antedated and fabricated papers in order to grab the property and plaintiff's or their predecessor had no possession in the suit land. 5. The trial court decreed the suit finding right, title and possession of the plaintiff's in the suit land. Against the said decree, the defend......suit finding right, title and possession of the plaintiff's in the suit land. Against the said decree, the defendant Government preferred appeal which was out of time by 4578 days with an application for condonation of delay under section 5 of the Limitation Act. The learned Additional District Judg......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ...... the plaintiff's predecessors in interest created some antedated and fabricated papers in order to grab the property and plaintiff's or their predecessor had no possession in the suit land. 5. The trial court decreed the suit finding right, title and possession of the plaintiff's in the suit land..Category: Limitation Law | Date: | Hits: 156
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....and since purchase he is possessing the land by constructing huts and is living therein with the members of the family. It was further contended by the defendant Nos. 1-6 that plaintiff has got no right, title and interest in the land in suit and he is not in possession of the land of suit plots...... Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void and not binding u......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......ave got their names mutated and upon obtaining receipt paying rent to the Government. 5. The case of the defendant No. 8 was almost similar to the case of defendant Nos. 1-6. 6. The trial Court decreed the suit on the finding that the suit of the&nbs..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....ak or rejecting them as insufficient. It merely observed that the accused could not be found guilty of a charge of murder merely on the ground of their conduct subsequent to the occurrence. The right question the High Court Division was required to ask itself was, whether the circumstances p........Respondents Judgment May 2, 2005. The Evidence Act, 1872 (I of 1872), Section 106 Normally, there is no burden on the accused to offer the reason of death of a person for which he is tried. But the deceased living with the accused in the same house the accused is t......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......al Chandra Das, an officer of CID. During investigation he collected materials on the basis of which he came to the opinion that the respondents along with other co-accused (since acquitted by the trial Court) were responsible for causing the murder of Chapa. He accordingly, submitted final repo..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....ceeding in question can not be quashed at this stage. The High Court Division in our view has correctly considered the provision of section 195(1) (c) of the Code of Criminal Procedure and thereby rightly discharged the Ride. 9. Apart from the merit of the case, this petition is also barr...... May 22, 2002. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Not represented- For the Respondents - For the Respondents Criminal Petition for Leave to Appeal No. 43 of 2001. (From the judgment and order elated 7-12-2000 passed by......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......rrest and the case was registered as G.R. Case No. 19 of 1996 under sections 420/406/468/471 and 109 of the Penal Code. The Magistrate sent the case record to the Additional District Magistrate for trial. The accused-petitioner appeared before him and prayed for bail on the ground among other tha..Category: Criminal Law | Date: | Hits: 37
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....he plaintiffs had been in possession through borgader for a long period and their title had been perfected through such long possession and the kabala of the plaintiffs will prevail over record of rights. 6. In view of the fact that the kabala dated 9.5.1927 in favour of Chapala Bala is a........Respondents Judgment July 2, 2003. Lawyers Involved: Md. Nawab Ali, Advocate-on- Record -For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 541 of 2002. (From the judgment and order dated 25.6.2001 passed by......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 113
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......passed by the High Court Division in Criminal Miscellaneous Case No. 1882 of 2003 making the Rule absolute. 2. Prosecution case, in brief, is that on 07.03.2002 at about 7.30 P.M. the informant's brother Azahar Gazi was talking with the other members of his family sitting in his dwell...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......ection 302/34 of the Penal Code against 5 accused persons including the respondent. The case was transferred to Druto Bichar Tribunal, Barisal being Druto Bichar Tribunal Case No.1 of 2003 for trial and disposal. 4. The respondent filed an application under section 526 of the Co..Category: Criminal Law | Date: | Hits: 41
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by t......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......uption Act, 1947 as the defalcated amount of money was found to have been already deposited after filing of this case. Though the accused was found guilty under section 409 of the Penal Code too, the trial Court did not pass any separate sentence under the said offence. 5. Mr. Habibul Islam Bhuiy..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
.... of 1973 under section 143A of the State Acquisition and Tenancy Act, 1950 in the 3rd Court of Munsif of Tangail and brought into existence fraudulently an order as regard correction of the record of rights in their favour and later on the appellants herein produced the forged copy of the petition o......e of Criminal Procedure seeking quashing of the proceedings of Case No. 520(1) of 1995 under sections 467/479/109 of the Penal Code, pending in the Court of Magistrate, 1st Class, Tangail. 2. The aforesaid case No. 520(1) of 1995 of the Court of Magistrate, 1st Class, Tangail was registered upon ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......It is seen from the Rule 39 in Chapter 8 of the Tenancy Rules, 1955 a Revenue Officer when he acts as settlement officer or objection officer shall have all powers exercisable by a Civil Court in the trial of suits under the Civil Procedure Code, 1908 (Act V of 1908). 20. In the background of the..Category: Criminal Law | Date: | Hits: 48
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