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Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....his petition for leave to appeal is directed against the Judgment and order dated 05.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3195 of 1998 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 269 of 1966 ......correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......to good relationship no formal kabala was executed by Joyed Ali and others in favour of Hasan Ali and record of right was correctly prepared. So the suit is liable to fail. 4. The trial court decreed the suit. On appeal in Title Appeal No.125 of 1986, the court of appeal dismiss......229. ..Category: Property Law | Date: | Hits: 23
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....t the judgment and order dated 24.1.2006 of the High Court Division passed in Civil Revision No. 3898 of 1997 discharging the Rule. 2. Facts, in brief, are that Mohen Bashi Roy, the predecessor of the petitioners, filed Title Suit No.36 of 1985 in the Court of the then Munsif (now Assista......r 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) 223. ......al kabala deed dated 23.6.1985 was ever submitted before the learned Additional District Judge nor any prayer was made by the plaintiff to enable him to prove the fact of said transfer; further the trial Court decreed the suit assuming that the plaintiff having proved his possession in the suit ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Ranju Roy and other…….............Petitioners Vs. Jibesh Ranjan Roy and others&h..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....shy;pute further evidence is necessary passed the impugned order which has the effect of permitting the plaintiff to fill up the lacuna in all aspect and the High Court Division also did not at all consider that the relief claimed by way of amendment is barred by limitation and ......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......9.6.1997 passed by the High Court Division in First Appeal No.79 of 1990 allowing the application filed by the plaintiff for amendment of the plaint and then sending back the suit on remand to the trial court for fresh hearing. 2. The respondents, as plaintiffs, filed Title Suit No. 89 of...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Comilla and others ..........Appellants Vs. Md. Abdur Rob and others ...........Respondents. ..Category: Civil Law | Date: | Hits: 107
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....his petition for leave to appeal is directed against the judgment and order dated 13.12.2005 passed by a Single Bench of the High Court Division in Civil Revision No.2716 of 2001 making the Rule absolute. 2. The plaintiff instituted Other Class Suit No.6 of 1998 in the Court of Assistant ......ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......sion thereof. However, there was a local salish over the matter and accordingly the plaintiff executed and registered the sale deed in question in favour of the defendant No. 1. 4. The trial Court on consideration of the materials on record decreed the suit in favour of the plaintiff......te-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 182 of 2006. (From the judgment and order dated 13.12.2005 passed by the High Court Division in Civil Revision No.2716 of 2001.) ..Category: Property Law | Date: | Hits: 20
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
....itions for leave to appeal are directed against the judgment and order dated 24.04.2006 passed by the High Court Division in Civil Revision Nos. 3427, 3388, 3391 and 3389 of 1997 making the Rule absolute arising out of the judgment and decree dated 27.11.1996 passed by the learned S...... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......h Court Division and other papers on record. 10. It appears that the High Court Division believed the contract and found that the plaintiff was entitled to get the kabala in question and the trial court rightly decreed the suit since the contract has been believed the suit should have been...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mst. Dorae Anwara Khatun Chowdhury being dead his heirs Mst. Arshe Anwara Khatun and others...........Petitioners (In all the cases) Vs Shekerernessa being dead her h..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
....ort fact is that the plaintiff-respondent Nos.1-8 instituted Other Class Suit No. 56 of 1993 in the court of the Assistant Judge, Trishal, Mymensingh for declaration of title in the suit land and also for recovery of khas possession contending, inter alia, that the suit land situated in the Alaha...... on record arrived 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) 212. ......e in Other Class Suit No.12 of 1984 without impleading him as party. The aforesaid decree is not binding upon him and the instant suit is liable to be dismissed in favour of defendant No.1. 4. The trial Court after considering both oral and documentary evidence on record dismissed the suit by a j......vil) Present: Md. Joynul Abedin J Md. Abdul Matin J Md. Amzad Hossain alias Khoka……………..Petitioner Vs. Dr. A.K.M. Mobarak Hossain being dead his legal heirs: 1. Jahanara and others .......Respondents Judgment December 4, 2007. Lawyers Involved: Abdul Quayum,..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....- This petition for leave to appeal is directed against the judgment and order dated 16.5.2007 passed by a Single Bench of the High Court Division in Civil Revision No. 5575 of 2003 making the Rule absolute and setting aside the judgment and decree dated 19.11.2003 passed by the learned District J......orrect 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) 209, 16 MLR (AD) (2011) 413. ......gistered partition deed dated 1.9.1993 is also false, fraudulent and fabricated and the plaintiff is not in exclusive possession of the suit land. Hence the suit is liable to be dismissed. 4. The trial court on consideration of the evidence and materials on record decreed the suit by judgment an...... Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....ave to appeal Nos. 1055 and 1056 of 2006 are directed against the judgment and order dated 29.03.2006 passed by the High Court Division in Civil Revision Nos.1805 and 1806 of 1994 making the Rule absolute and reversing the judgment and order dated 14.02.1994 passed by the then learned Subordinate...... is also not disputed that he filed the pre-emption case within four months of the date of knowledge of the transfer, but the court of appeal made out a case of waiver and acquiescence from the so called attending circumstances without reference to any evidence that the pre-emptor participated i......the same judgment and the pre-emptee preferred Miscellaneous Appeal Nos.31 and 32 of 1993 and both the Miscellaneous appeals were allowed by the learned Special Judge and judgment and order of the trial court was set aside. 7. As against the judgment and order of the appellate court the p......li, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 (In both the cases). Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1055 and 1056 of 2006. (From the judgment and order dated 29.03.2006 passed by the High Co..Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....ance with law. 2. The predecessor of opposite party Nos.1 to 4 as plaintiffs filed a Other Class Suit No.19 of 1988 in the Court ......an application for vacating the order of stay passed on 25.08.2005 and the order staying the proceeding of the execution case on 08.04.2006 which was extended lastly on 08.05.2006 be recalled and vacated and directed the executing Court to proceed with the execution case in ac......ge, 3rd Court, Chittagong by his order dated 11.07.2005 allowed the application for stay; that the Miscellaneous Case filed by the respondent under Order 21 Rule 97, 98 and 99 was dismissed by the trial Court. Though no Miscellaneous Case No. 33 of 2005 is pending but in the supplementary affida......ivision (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Jahanara Begum.................... Added-opposite party-Petitioner Vs Badura Begum and others……………………Plaintiff-respondents ..Category: Civil Law | Date: | Hits: 94
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
....f Narendra Mitra in respect of the suit land. The C.S. Khatian No.82 was recorded in respect of 9.44 acres of land in the name of Billa Dasi and Mohim Sana. Mohim Sana died leaving behind his only son, Ashini who got 4.72 acres of land. Thereafter, Billa Dasi died leaving behind Ashini Sana as r...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......h case was in existence since in the relevant year only 78 cases in total were filed; that the judgment and order of the appellate Court below, without adverting to the reasons upon which the trial Court decreed the suit, and without proper reversal of the findings of the trial Court, was n...... Case is also Reported in: VI ADC (2009) 186. ..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
.... of the loan money together with profits thereof by 28.04.1988. Defendant Nos. 2 and 3 deposited the deed of the schedule property as collateral security in favour of the plaintiff bank and also executed and registered separate power of attorney. Over and above, the defendants deposited the......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......ate-on-Record, appearing for the petitioner submitted that the High Court Division committed error of law in allowing the appeal and thereby setting aside the judgment and decree passed by the trial Court without averting the findings of the trial Court as per mandatory provisions of Rule 31...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J K.K.K. Garments Limited…......Petitioner Vs Islamic Bank Bangladesh Limited and others…........Respondents Judgment August 13, 2007. Lawyers Invol..Category: Banking Law | Date: | Hits: 97
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
....the petitioner improved the case land by cutting earth worth Tk.10,000.00 and constructed huts, raise garden and residing there; that the present value of the case land would be Tk. 50,000.00 so the case was not maintainable without depositing of increased value of the land and costs o......stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 150. ......e; that the present value of the case land would be Tk. 50,000.00 so the case was not maintainable without depositing of increased value of the land and costs of improvement and the trial Court by judgment and order dated 28.11.1985 allowed the pre-emption in respect of property N...... also Reported in: VI ADC (2009) 150. ..Category: Property Law | Date: | Hits: 20
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
.... two appeals by leave are directed against the common Judgment and order dated 02.10.2007 passed by a Division Bench of the High Court Division in writ Petition No. 10238 of 2006 making the rule absolute and thereby declaring the impugned Notification Gm,Avi, I bs 250-AvBb/2006 mg (wewa-5)-15/2......neral Education) Training and Departmental Examination for probationer Rules, 1992 vide SRO No. 7-Ain/92 published in the Bangladesh Gazette. Additional Issue dated 18.1.1992 (hereinafter called SRO 7 of 1992) providing for list of topics and books to be studied for departmental examin......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......M Amirul Islam, Senior Advocate, instructed by Mrs. Sufia Kahatun, Advocate-on-Record-or Respondent Nos. 1-6 (In both the cases) Civil Appeal Nos. 113-114 of 2008. (From the Judgment and order dated 02.10.2007 passed by the High Court Division in Writ Petition No. 10238 and 2006.) ..Category: Employment/Service Law | Date: | Hits: 122
Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)
....t JCO-2629 Md. Majibor Rahman on 23.8.1992 lodged an FIR with the Lohagara P.S., Chittagong stating that on getting secret information on 21.8.1992 he along with other task forces including BDR personnel went to the house of accused Monir Ahmed and searched it in presence of the witnesses and re......ed the rule. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 179. ......case and submitted charge-sheet against the petitioner and others under section 156(8) of the Customs Act read with section 25B of the Special Powers Act, 1974. 4. The case came up for trial before the Special Tribunal (Additional Sessions Judge, 2nd Court), Chittagong and was......cted by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 246 of 2005. (From the judgment and order dated 9.11.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 939..Category: Criminal Law | Date: | Hits: 34
State Vs. Md. Rafique, 2007, 36 CLC (AD)
....2001 with Criminal Appeal No.3750 of 2001. 2. The fact, leading to this petition, are that one Setara Begum daughter of informant P.W.1, Shamsul Alam, had love affairs with Md. Rafique, the sole accused in the case, from long before. On 06-01-1999, the said Setara begum was given in marri......at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ...... of the Penal Code on the basis of materials available on record. The charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. 5. The learned trial Court, in consideration of evidence on record as well as facts and circumstance of the case,......Ameen J The State……........Petitioner Vs. Md. Rafique..........Respondent Judgment September 30, 2007. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. ..Category: Criminal Law | Date: | Hits: 22
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....using bleeding injury and fell down on ground. The accused Chan Mia alias Arif Talukder, Jamal Talukder, Babul alias Jail Howlader, Yousuf Talukder dealt indiscriminate bamboo sticks blow on the persons of Abdul Manna. The said Chan Mia alias Arif Talukder fastened Abdul Mannan with the rope of ......the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......d-petitioner and others on dock under Sections 302/149 of the Penal Code on the basis of materials available on record and read it over to them on dock to which they pleaded not guilty and demanded trial. 7. After close of the prosecution witnesses, the accused on dock were examined u......CJ M.M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J The State………………….. Petitioner Vs. Kalam Talukder and others…..........Respondents Judgment November 18, 2007. Lawyers In..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
.... with which Criminal Case has been filed was an ordinary business transaction and as such there was no criminal liability for the delay in the payment of the outstanding amount. It has also been contended that ingredients of Sections 406 and 420 of the Penal Code are not attracted in r......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ...... pay the money in installment amount to admission having misappropriated the value of cement taken earlier is of civil nature is question of fact which may be proved by adducing evidence before the trial Court. 8. Lastly the question for the trial to consider after assessing the evidence o...... (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Alauddin ......................Appellant Vs. The State and another….........Respondents Judgment June 15, 2008. Lawyer Involve..Category: Criminal Law | Date: | Hits: 32
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....tioner, the defendant, seeks leave to appeal against the judgment and order dated 03-08-2005 passed by a Single Bench of the High Court Division in Civil Revision No. 6353 of 2002 making the Rule absolute and thereupon setting aside the judgment and decree dated 25-08-2002 of the learned Joint Di......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......District Judge, 1st Court, Rajbari, which was transferred to the Court of learned Joint District Judge, who upon hearing the parties allowed the appeal and set aside the judgement and decree of the trial Court. Being aggrieved and dissatisfied thereby, the plaintiff-respondents preferred Civil R...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Shahjahan Mridha………………..Petitioner Vs. Jalal Sikder and others…..... Respondents Judgment November 14, 2007. Lawyers Involv..Category: Property Law | Date: | Hits: 37
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
.... Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 14.05.2006 passed by the High Court Division in Civil Revision No.306 of 1996 making the Rule absolute and setting aside the judgment and decree dated 28.09.1995 passed in Other Appeal No.75 of 1......d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ...... the aforesaid kabala deed dated 01.08.1987 on receipt of consideration money from the defendant-opposite party tendering possession to him. Hence the suit was liable to be dismissed. 5. The trial court on consideration of the evidence on record and hearing the parties decreed the suit. ...... (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J Abdur Rashid Bepari.........Petitioner Vs. Soleman Ali being dead his heirs: Most Golenur Bewa and others .......Respondent Judgment February 6, 2008. Lawyers Involved: ..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....eing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described in schedule Kha of the plaint on the averments tha......nt finding of facts should not be disturbed unless it is manifestly perverse and some are of the view that there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI AD....... 5. We have heard the learned counsel of the petitioner, and perused the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the trial Court decreed the suit holding that the plaintiff claimed his title on the basis of deed of s......Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Elahi Mondal……………………Petitioner Vs. Juran Mondal and others……........Respondents Judgment July 30, 2008. Lawyers..Category: Property Law | Date: | Hits: 25
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