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Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ....... Md. Wahidullah, Advocate-on-Record appeared for the respondent Nos. 11-16. 4. We have heard the learned Advocate-on-Records and perused the impugned judgment and order and other connected papers. On perusal of the impugned judgment of the High Court Division, it appears that the petitio...... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Ohidul Islam and others…………………………Petitioner......mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ..

Category: Property Law | Date: | Hits: 24

Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)

.... and does not warrant inter­ference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......ion accused Md. Atiar Rahman only filed the present petition. 8. Heard the learned Counsel arid perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. The learned Counsel submitted that admittedly prosecution case was that......by A. K. M.  Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 240 of 2006 (From the judgment and order dated 13.04.2006 passed by the High Court Division in Criminal Appeal No.1003 of 2004.) ......2. It further appears that co-accused Md. Abdus Sobhan alone prepared a list of 46 fake loanees in collusion with the present petitioner Md. Atiar Rahman for their ille­gal gain creating false documents and Md. Abdus Sobhan recommended and the peti­tioner identified loanees knowing it to..

Category: Criminal Law | Date: | Hits: 34

State Vs. Ratan Khan and others, 2007, 36 CLC (AD)

....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......justice. 6. We have heard Mr.Mohammad Ali Akanda, the learned Deputy Attorney General for the appellants in both the appeals and perused the judgment of the High Court Division and other connected papers. 7. Criminal Appeal No.44 of 2000 has been preferred by the appellants Selim Bepari @ Anow......ellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Abdul Matin J The State...............................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 2007. Lawyers Inv......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..

Category: Criminal Law | Date: | Hits: 26

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ...... run the said restaurant, as such, the same was rented to the respondent No. 4 for one year at a rent of Tk.350/-on daily basis and accordingly a written agreement was executed and signed on stamp papers on 1.7.1991. Said respondent No. 4 subsequently left the premises. Thereafter Monowara Islam......t: Md. Ruhul Amin CJ  Mohammad Fazlul Karim J MM. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Towfiqul Islam and others...................Petitioners Vs. S.M. Mohiuddin, Officer-in-charge, Motij......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..

Category: Criminal Law | Date: | Hits: 32

Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)

....ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......al Attorney General for the petitioner and Mr. Md. Nawab Ali, the learned Advocate-on-record for the respondent and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 6. There is no dispute that the petitioners rendered 9 years 9 months continuous, se......bsp;  Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1720 of 2005. (From the judgment and order dated 13.07.2005 passed by the Administrative Appellate Tribunal in Appeal No. 52 of 200......ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ..

Category: Administrative Law | Date: | Hits: 115

Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)

....f the above, we find so sub­stance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......f the above, we find so sub­stance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......V ADC (2008) 412. ......plaintiff and defendant obtained joint pattan from the Zaminder the defendant claimed that they were given pattan and the alleged pattan was obtained by the defendants predeces­sor and others but no documents were pro­duced. He further submits that under Section 144A of the State Acquisition Tenan..

Category: Property Law | Date: | Hits: 21

M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)

....ect decision. 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) 409. ......revisional application occasioning failure of justice and as such the impugned judgment and order is liable to be set-aside. 5. We have considered the point raised and perused the connected papers. We are not impressed by the submissions of the learned Advocate for the petitioner. The Hig......esent: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J M/s Haque's Bay ...........................Petitioner Vs. Mrs. Jahanara Ahmed and others........Respondents Judgment April 29, 2007.      ......ect decision. 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) 409. ..

Category: Property Law | Date: | Hits: 31

Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)

....force of Section 87(1) and (2) of the State Acquisition and Tenancy Act which is not retrospective in natun; that the High Court Division erred in discharging the rule without consider­ing the relevant laws and decisions enun­ciated in the case of Mukku Mia and oth-ers-vs-Ali Hossain Bhu......e we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Afzal Ahmed and others..........Petitioners Vs. Ayesha Khatun and others ........ Respondents ......e we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..

Category: Property Law | Date: | Hits: 25

Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)

.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ......t the respon­dents challenging the decree passed in the aforesaid Other Class Suit No.20 of 1986 is heard and disposed of. 6. We have heard the learned Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the point raised. The High ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdur Rahman and others............Petitioner Vs Md. Nazrul Islam and others........Respondents ...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ..

Category: Property Law | Date: | Hits: 23

Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)

....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respon......eing aware of the nature of transaction and the contents of the document. In the facts and circumstances of the case, the burden was on the defendant No.1 to establish that the donors executed the documents having had independent advice and also having had the knowledge about the transaction and..

Category: Property Law | Date: | Hits: 37

Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)

.... 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: 12 BLC (AD) (2007) 92. ...... 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: 12 BLC (AD) (2007) 92. ......ivil) Present: Md. Ruhul Amin J    Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents Judgment     &nb......he suit land is highly illegal; the predecessors of the plaintiffs having been in possession of the suit land and the plaintiffs, as heirs, having been possessing the suit land, even if by invalid documents, for last 100 years, they acquired valid title in the suit land by adverse possession aga..

Category: Property Law | Date: | Hits: 28

RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)

....We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ......ired under section 3B(1)(b) of the Act. 10. The High Court Division after hearing the parties and on perusal of the materials produced by them observed: “It appears from the papers annexed to the writ petition and the affidavit-in-opposition that no such show cause noti...... Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Rajdhani Unnayan Kartripakkha represented by its Chairman and another.............Petitioners Vs. Jamuna Builders Ltd. and another....................We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ..

Category: Property Law | Date: | Hits: 27

Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)

....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......urt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Khairunnessa........................Petitioner Vs. Syed Mainul Haq and others.................................Respondents Judgment December 8, 2005. ......d findings, the High Court Division made the Rule absolute. 6. The order passed by the trial Court and impugned before the High Court Division runs as follows: “Perused the documents filed by the plaintiff. Matter is reconsidered. Prayer is allowed. Let the petitioner be..

Category: Property Law | Date: | Hits: 33

Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)

....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ...... management of the suit land was although under the Government and the alleged settlement in the name of the father of the plaintiffs is on the basis of forged, collusive, fraudulent and ante-dated papers which has been created for the purpose of the suit, the ex-rent receiver had no right or aut......llate Division (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J  Harun-al-Rashid Mollah and others..............Petitioners Vs. Bangladesh represented by the Secretary, Mini......t without the approval of the Chief Manager of the Dhaka Nawab Court of Wards Estate no settlement of any land under the management of the above Estate could be granted; Exhibits 2 and 4, the basic documents of title of the plaintiffs, contain over-writings in respect of Khatian No. 24, which can..

Category: Property Law | Date: | Hits: 31

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....ons 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: 12 BLC (AD) (2007) 65. ......ons 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: 12 BLC (AD) (2007) 65. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Refer...... executed by Syed Rafiuddin Ahmed in favour of Anowara Begum, the vendor of the plaintiff, genuineness whereof seriously challenged by the defendant No.1, took the view that signatures in the said documents were different and thereupon held that Exhibit C was not genuine. 10. The plaintif..

Category: Property Law | Date: | Hits: 31

Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)

.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......is also Reported in: 12 BLC (AD) (2007) 42. ......t contained 200 ajutangsha of land but the  plaintiff-respondents claimed  the entire 200 ajutangsha land and that the High Court Division did not consider materials on record including the documents filed before the High Court Division and thus committed error of law. 10. We have consi..

Category: Property Law | Date: | Hits: 28

Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)

....efendant Sufi Mia had not exchanged any land from plot No. 4346 with Shaista Mia on June 11,1989 and that if any deed of exchange is produced the same is forged, false and fabricated, since at the relevant time Sufi Mia was not in the country and that his address shown in the exchange deed is no......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......2 BLC (AD)(2007) 18. ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..

Category: Property Law | Date: | Hits: 48

Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)

....in 40 DLR (AD) 62, wherein it has been observed "But in view of the facts discussed above we find that the very basis of the finding of the two courts below is a misconception as to which tenders are relevant in this suit. As such, the concurrent finding cannot claim any immunity". In view of the...... the discussions made here­inabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......rted in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ...... the discussions made here­inabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..

Category: Property Law | Date: | Hits: 33

Chairman, Rajdhani Unnayan Kartripakhkha (RAJUK) Vs. Momtaz Hasan Chowdhury & others, 2006, 35 CLC (AD)

....erials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 335. ......unsel for the peti­tioner and Mr. Khondker Mahbubuddin Ahmed with Mr. Rafique-Ul Huq, the learned Counsels for the respondents and perused the judgment of the High Court Division and other connected papers. 4. The High Court Division found that against the exparte decree dated 27.08.1991, passe......Respondent No. 1-7. Rafique-Ul-Huq, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-Added Respondent. Civil Petition for Leave to Appeal No. 111 of 2006 (From the judgment and order dated 06.12.2005 passed by the High Court Division in Civil Revision No. 2221 of 2005). ......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 335. ..

Category: Limitation Law | Date: | Hits: 165

Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)

....decision. There is no cogent rea­son to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 332. ......ng was discharged. 6. We have heard Mr. Bivash Chandra Biswas, the learned Advocate-on-Record for the petitioner and perused the judg­ment of the High Court Division and other connected papers. 7. The High Court Division considered the evidence of P.W.3 and the documents Ext.5 ......;……...Petitioners Vs Md. Abdul Aziz & others ..............................Respondents Judgment May 14, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. ......Advocate-on-Record for the petitioner and perused the judg­ment of the High Court Division and other connected papers. 7. The High Court Division considered the evidence of P.W.3 and the documents Ext.5 and 6 series and held that P.W.3 in his evidence admitted that the defendants are i..

Category: Property Law | Date: | Hits: 23