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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. ......nt and) order discharged the Rule. 5. We have heard Mr. Abul Quasem, the earned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the Partition Suit Mo. 29 of 1986 brought by the plaintif...... 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 the High Court Division in Civil Revision No. 4787 of 1997). ...... 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. ..Category: Property Law | Date: | Hits: 24
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......ndker Mahbubuddin Ahmed, the learned Counsel for the petitioner and Mr. T.H. Khan, the learned Counsel for respondent No. 11 and perused the judgment of the High Court Division and other connected papers. 6. Mr. Ahmed submits that respondent No. 11 is not a necessary party and the claim o......abir Chowdhury J Abdur Rahim………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Power, Energy and Mineral Resources, Bangladesh Secretariat Building, Ramna, Dhaka-1000 & others ..................espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......parties made the Rule absolute. 5. We have heard Mr. M.A. Azim, the learned Deputy Attorney General for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that an area of land measuring 1.87 1/2 acres belonging......torney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 282 of 2004. (From the judgment and order dated 14.01.2002 passed by the High Court Division in Writ Petition No. 2382 of 1999). ......correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ..Category: Property Law | Date: | Hits: 26
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....ition as per Navigation Rules and the accident took place because of the negligence of the employees of the defendant No.1 as well as of the defendant No.6. The plaintiffs averred that at the relevant time defendant No.6, Master-in-charge of M.V. Shainpukur-1 piloted the vessel negligent&sh......terials in the report (Ext. A) of the Department of Shipping about the age of the Master of M.V. Tapash and there having recommendation for immediate removal and that because of the absence of papers relating to the movement of the vessel the High Court Division was not in error in holding ...... Reported in: IV ADC (2007) 735. ......ter informing the owner of the vessel Shainpukur-1 he came back at Bakhtabali Ghat and that while he left the vessel at 5 A. M., then 10 Ansars were in the vessel. 6. Both the parties filed documents in support of their respective case. The High Court Division about the quality of t..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....ubmitted that although in section 5A (inserted in 1987) of the Criminal Law Amendment Act, 1958 there is mention of sub-section 5 of Section 167 of the Code of Criminal Procedure which at the relevant time provided for that investigation is to be completed against the accused by the specifi...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......he State..........................Appellant Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 1......rescribed in this sub-section. Explanation.- The time taken for obtaining sanction shall commence from the day the case with all necessary documents is submitted for consideration of the appropriate authority and be deemed to end on the ..Category: Criminal Law | Date: | Hits: 48
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ...... Advocate-on-Record for the petitioner and Mr. N. H. Khandaker, the learned Advocate-on-Record for respondent No. 1 and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division observed that in Title Suit No.238 of 1983 Alhaj Faruque ......era, Begum alias, Hazera Khatun & another........Respondents Judgement June 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. N. H. Khandaker, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civ...... Hossain divorced the plaintiff. Then Kazi Abdus Shami filed an application for expunging the name of Hajera Khatun and order was passed accordingly. The High Court Division held that in the documents Exhibits-Jha, Neo and Ta there is nothing to show that Alhaj Faruque Hossain divorced the..Category: Family Law | Date: | Hits: 150
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ...... been filed to show 5 decimals of land was settled in favour of Refatullah, that the dakhilas Exts. C-C(2) filed to prove the case of settlement from Taresh Haider are concocted and fabricated papers, that Ext. B i.e. the kabala by which rent receiving interest was sold is in respect of plot......) 672. ......lacing reliance on the Ext. B and B (8) i.e. kabalas by Kuran Mondal's son Taresh Haider selling the rent receiving interest on 15.2.1943 and 28.4.1943 in favour of one Maniruddin held that those 2 documents 'are sufficient' to prove the surrender of the suit land by Jairuddin to Kuran Mondal. T..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......rted in: IV ADC (2007) 669. ......n discharged the Rule. 5. The learned counsel for the appellants submitted that the High Court Division fell in error in not considering that the defendants could not produce any witness or documents to prove that Abdul Gafur Talukder, did accept the kabuliyats, Ext. Uma, on which the def..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....poses of cultivation and is in possession of the plaintiffs. 6. We are of the view that High Court Division after due consideration of the evidence and materials on record and answering the relevant issues arrived at a correct decision and there is no cogent reason to interfere with the s......he suit by filing written statement contending, inter alia, that the suit land being a beel is the khas land of the government and the claim of the plaintiffs is vague and based on fabricated papers and further since the kabuliyat was for one year only there is no legal basis of the claim o......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, Represented by the Deputy Commissioner and others, Rangpur……………Petitioners Vs. Khariat Hos......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....ted admitting the above three brothers i.e. the plaintiff and the defendant Nos. 1 and 2, as tenants but the plaintiff collusively created the solenama in his name alone though during the relevant time all the brothers were living in a joint mess and they also shared the expenses of the...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......se is also Reported in: IV ADC (2007) 661. ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..Category: Civil Law | Date: | Hits: 83
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......say quantity of land which was made the subject matter of the suit, as submitted by the learned Counsel for the petitioner, is referable to the averment made in the plaint on the basis of the papers relied upon by the plaintiffs. The papers i.e. the patta on the basis of which averments wer......2007) 654. ...... Bibi, that C.S. record was prepared in their names, that the patta dated February 17, 1902 and the deed of gift dated September 25, 1928 by Hakim Jan Bibi in favour of Jebal Hossain are fictitious documents and that Jebal Hossain never built homestead in the land in suit, that R.S. record was c..Category: Property Law | Date: | Hits: 24
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, disÂmissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......aker Mahbubuddin Ahmed, the learned Counsel for the appelÂlants and Mr. Mahbubey Alam, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 9. It is not disputed that the suit property originally belonged to Rakhal Das Bose and h......ate-on- Record-For the Appellants. Mahbubey Alam, Senior Advocate, instructÂed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 117-118 of 1998 (From the judgment and order dated 13.08.1995 passed by the High Court Division in Civil Revision No. 1222 of 1981 with......session the suit holding since then on the basis of the aforesaid settlement. Their furÂther case is that Dhiren and Biren Bhattacharjee agreed to complete the transÂaction by executing registered documents in favour of the defendant’s predecessor-in-interest but they did not do so. They also a..Category: Property Law | Date: | Hits: 34
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......rding punishment upon him. 4. We have heard Mr. Gius Uddin Ahmed, the learned Counsel for the petitioner and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 5. The learned Advocate for the petitioner mainly argued that the provisions of Rule...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Anwar Hossain.........................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance and Others ..............................Respondents Judgment April 3, 2004. Case R......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..Category: Criminal Law | Date: | Hits: 41
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... Majumder, the learned Counsel for the petitioner and Mr. Md. Nawab Ali, the learned Advocate-on-Record for respondent No. 1 and perused the judgment of the High Court Division and other connected papers. 7. The High Court Division held that confessing accus......sp; Criminal Petition for Leave to Appeal No.252 of 2005 (From the judgment and order dated 18.04.2005 passed by the High Court Division in Criminal Appeal No.2513 of 2003). ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..Category: Criminal Law | Date: | Hits: 61
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....ourt Division in its judgment referring to the decision reported in 48 DLR (AD) 1 took the view that the duty is upon the person, who claims that the property is not abandoned, to show that at the relevant time, i.e. when President's Order 16 of 1972 came into force, the owner of the property wa......d upon the occupant of the above plot to ascertain the basis of their occupation and then the respondent No.4, having claimed to be the allottee/owner of the plot, was asked to submit the original papers of title to the Ministry of Works and also to produce Income Tax payment certificate but he ......hul Amin J Md. Tafazzul Islam J Shadharan Bima Corporation...........................Petitioners (In both the cases) Vs. The First Court of Settlement and other................Respondents (In both the cases) Judgment January 26, 2006. ......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......sp; 4. The Ministry of land after considering the facts and circumstances of the case and papers on record and the possession of the respondent No. 6 in the case land since 1949 directed th......ion (Civil) Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Ayen Ali Howlader...................Petitioner Vs. Nazir Ahmed and others…………….Respondents Judgment November 28, ......er authority managed through concerned Ministry to initiate Revision Case No.83 of 1997. Thereafter the Additional Deputy Commissioner (Revenue), Barisal without properly considering the papers and documents of the parties and the real facts on 23.11.1397 illegally cancelled the Settlement ..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221....... Plaintiff has since then been living with family in the suit property. 4. The plaintiff unsuccessfully tried to mutate his name. Being asked by said Ministry of Works, the plaintiff submitted all papers in support of his possession. Number of inquiries was held in respect of possession of the su......ate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the High Court Division in Civil Revision No.1931 of 2......d with reference to dated 03.10.1987, we could not find any GD entry or criminal proceeding with regard to any incident dated 10.07.1986. Abdur Rab in fact failed to prove that his signature on those documents were taken by force. Exhibit-'Ka-5' is a deed of monthly tenancy and Exhibit-'Dha' is an a..Category: Tenancy Law | Date: | Hits: 180
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....sale, but the right exists antecedently to the sale inasmuch as such right is indispensable for avoiding inconvenience and disturbances arising out of introduction of a stranger into the land. The relevant passage is as under: "We are in respectful agreement with the princi......an, the learned Counsel for the appellant and Mr. Md. Nawab Ali, the learned Advocate-on-Record for respondent No.1 and perused the impugned judgment of the High Court Division and other connected papers. 9. The learned Advocate for the purchaser-pre-emptee-appellant submits that the de...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Dewan Ali..........................Appellant Vs. Md. Jasim Uddin and others .......Respondents Judgment January 6, 2008. The State Acquisitio...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ..Category: Property Law | Date: | Hits: 32
Nazrul Islam Vs. State, 2007, 36 CLC (AD)
....ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......We have heard Mr. Serajul Islam Khan, the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. He submits that the accused petitioner's name was not mentioned in the F.I.R. but......instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for leave to Appeal No. 269 of 2005. (From the judgment and order dated 10.05.2005 passed by the High Court Division in Criminal Miscellaneous case No. 58......ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ..Category: Criminal Law | Date: | Hits: 29
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ...... Zahurul Islam Mukul, Deputy Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Respondent Criminal Appeal No. 60 of 2003. (From the judgment and order dated the 10th November, 2002 passed by the High Court Division in Criminal Revision No. ...... documentary evidences which also have supported the allegation against the accused. These two documentary evidence are an agreement vides Exhibit-1 and one hand note. The genuineness of both these documents has been admitted by the accused-petitioner himself in this very revisional application. ..Category: Criminal Law | Date: | Hits: 42
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