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Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....ni and Monomohan in equal shares. Thereafter one Azizur Rahman purchased .12 decimals and the other 12 decimal was purchased by Sharat Chandra and then Sharat Chandra was inherited by Himongshu who sold the same to the petitioner and thus he became co-sharer by purchase. The further case of the ......le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ...... limitation. The claim of the petitioner as a tenant holding land contiguous to the case land was also not correct and hence the pre-emption case was liable to be dismissed with case. 4. The trial court allowed the pre-emption case by judgment and order dated 28.02.2000 and on appeal the ......vil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Mohammad Akbar Chowdhury….............Petitioner Vs. Khalilur Rahman and others ................Respondents Judgment January 29, 2009. Lawyers Invo..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... Karim J. - This petition for Leave to Appeal is directed against the judgment and order dated 03.08.2005 passed by the High Court Division in Civil Revision No. 121 of 1991 making the Rule absolute against the judgment and decree dated 15.10.1990 passed by the learned Subordinate Judg...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......g for declaration of title to unspecified portion of an undivided plot of land is not maintainable without a prayer for partition; that the plaintiff is found to be out of possession; that the trial Court's finding on possession is supported by the evidence on record; the plaintiff Nos.3 and...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Jitendra Nath Bachar being dead his heirs; 1(a) Bancharam Bachar and another...... Plaintiff-petitioners. Vs. Badhakanta Sardar being dead his he..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....nd of kabala dated 30.03.1986 alleging that the suit property originally belonged to Chandra Kumar, Banomali, Ramchandra and Raimohan and it was recorded as such in the R.S. record. Rai Mohan Saha sold his share in favour of Saber Ahmed by a kabala dated 24.05.1972 and then Saber Ahmed sold .03 ......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......h as Nanibala, Kiron Bala and Promila Bala (who are still living) are necessary parties. Hence the petition is liable to be rejected. 4. Upon consideration of the pleading of the parties the trial court framed only one issue whether the pre-emptors are entitled to an order of pre-emption u......ion (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Ahmed Safa……………….... Petitioner Vs. Amin Sharif and others……............Respondents Judgment December 5, 2007. L..Category: Property Law | Date: | Hits: 28
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
.... 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No. 1642 of 2007 dismissing the petition for leave to appeal. 2. The facts, in short, are that the predecessor of respondent Nos.1-3 Md. Moslemuddin instituted a suit being Title Suit No. 20 of 1989 in the ......ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......o. 1609, 0.02 ½ acres of plot No.1612 by registered deed dated 17.01.1983 to the defendant No. 29 and the said defendant has been in physical possession of the said land. 7. The trial court initially dismissed the suit and on appeal by the plaintiff the judgment of the trial ......ision (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Tazimuddin and others……………Petitioners Vs. Md. Mafizul Islam a..Category: Property Law | Date: | Hits: 28
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....he plaintiff No.2 has been possessing the same on payment of rent through plaintiff No.1. The balance .90 acres of suit jama and other land was transferred by said Girish Chandra Datta to his son plaintiff No.1 through a registered deed of gift dated 03.05.1984 and possession was delivered ...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... 7. The learned Advocate for the petitioner submits that the High Court Division is not justified in decreeing the suit without sending back the case either to the appellate court or to the trial court inasmuch as the present revision case has been filed by the defendants against the rema...... This Case is also Reported in: VI ADC (2009) 110. ..Category: Property Law | Date: | Hits: 26
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
....ion did not reverse the finding of the trial court to the effect that the original defendant received the summons of Title Execution Case No. 30 of 1983 on 12.12.1983 and the High Court Division also erroneously ignoring this factum of knowledge of the original defendant and relying solely upon ...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......991 dismissed the miscellaneous case holding that the same is barred by limitation. Then the High Court Division, by the impugned judgment, allowed the appeal upon setting aside the judgment of the trial court and restored Title Suit No. 153 of 1982 to its file and number. 3. Leave was gra......J M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Samad Khan………………………......Appellant Vs. Sree Dulal Chandra Ghose and Another……........Respondents Judgment March 14, 2005. ..Category: Civil Law | Date: | Hits: 71
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....cellaneous case was filed by the petitioner under Section 24 of the Non-Agricultural Tenancy Act, 1949 in respect of the sale which took place on 5.11.1969 claming him to be a co-sharer of the land so transferred alleging that the purchaser is a stranger. It was also the contention that no notice......rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......d took place by 2 deeds and that as the pre-emptor has not filed 2 separate cases for that two transactions, the prayer for pre-emption so sought in a single case is not maintainable. 3. The trial Court framed issues as to maintainability of the Miscellaneous case under section 24 of the N......vil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Khaleque…………......Appellant Vs. Abdul Noor and others………Respondents Judgment July 26, 2005. Lawyers I..Category: Property Law | Date: | Hits: 30
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
.... had been seriously involved in the relief work in the flood affected of Sunamgonj, a requisition singed by 11 members of Surma Union Parishad was submitted before the Upazila Nirbahi Officer with some allegations against him. Consequently one Md. Abul Kalam Azad as Authorized Officer and Upazil......e intention to remove him from the offence of the Union Parishad Chairman. On the other hand, from the materials on record it appears that all the members did not voluntarily sign on attend the so-called special meeting held at the residence of authorized officer, respondent No.5. All the procee......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ...... J Md. Joynul Abedin J Md. Hassan Ameen J Amir Hossain Reza………………………......Petitioner Vs. Bangladesh and others…………..... .Respondents Judgment February 10, 20..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....d. Abdul Matin. - This petition for leave to appeal is directed against the judgment and order dated 11.01.2004 passed by the High Court Division in Writ Petition No.2727 of 2000 making the Rule absolute preferred against judgment and order dated 21.01.1996 passed by the Artha Rin Adalat, First ......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ...... that after a final decree was passed against the petitioners they had specific remedy under the law but instead they filed a petition under Sections 151/152 of the Code of Civil Procedure and the trial court wrongly allowed the same and the High Court Division has rightly set aside that order a......late Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J M/S. S. Rahman & Company Limited and another…..Petitioner Vs. The United Commercial Bank Limited and others&he..Category: Property Law | Date: | Hits: 37
State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)
....nder sections 302/326 of the Penal Code. The trial Court on consideration of the materials on record convicted the accused under sections 302/326 of the Penal Code and sentenced him to suffer imprisonment for life. He was also found guilty under section 326 of the Penal Code and sentenced to suf......t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ......Awal Hossain heard narration of the occurrence and lodged F.I.R. on 07.10.1989. 3. Police on completion of investigation submitted charge sheet under sections 302/326 of the Penal Code. The trial Court on consideration of the materials on record convicted the accused under sections 302/32......nstructed by Mr. B. Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.418 of 2005. (From the judgment and order dated 18.04.2005 passed by the High Court Division in Criminal Appeal No.1038 of 1994) ..Category: Criminal Law | Date: | Hits: 48
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....l Amin J. - This appeal by leave is directed against the judgment and order dated 23.03.1999 passed by a Single Bench of the High Court Division in Civil Revision No.3194 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Co......t of 13.14 acres of land out of the C.S. Khatian No. 252 but the certified copies of the kabuliyats were not formally proved in evidence, as the plaintiffs have not filed the original ones nor they called for the volume of kabuliyats from the Registry Office. Accordingly both the trial court and ......es. The said auction purchase was set aside by the decree passed on 31.12.1966 in Title Suit No.119 of 1965. The plaintiffs have no got right, title and interest in the suit property. 4. The trial court on consideration of the materials on record dismissed the suit. On appeal being Title A...... (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Quddus Matabbar....................Appellant Vs Yousuf Ali Bayati and others…....Respondents Judgment June 25, 2005. Lawyers Involved: ..Category: Property Law | Date: | Hits: 28
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....belonged to 4 brothers namely, Adhar Rishi, Ridhaya Rishi, Mukul Rishi and Joy Gobinda Rishi. Adhar Rishi died leaving behind only daughter Jottashari Rishi. Ridhaya Rishi died leaving behind only son Jodunath Rishi who by Kabala dated 01.08.1985 purchased 4 annas share of Jottashari Rishi and t......e Leader created collusive kabalas and by dint of those collusive deeds, he dispossessed the plaintiffs on 02.11.1974. Thereafter, Hanif transferred the suit land to defendant Nos.1 and 2 by the so-called registered deed dated 05.12.1977. Hence is the suit. 3. The defendant Nos.1 and 4 con......er by registered deeds dated 19, 08.1983, 05.07.1983 and 24.04.1983. In this way he became the owner of 18 decimals 6 chataks of land and has been in peaceful possession of the land. 5. The trial Court dismissed the suit. On appeal being Title Appeal No.409 of 1992, the Court of appeal al......ved: A.K.M.Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 131 of 2006. (From the judgment and order dated 13.07.2005 passed by the High Court Division in Civil Revision No.1162 of 2002) ..Category: Property Law | Date: | Hits: 21
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....st the judgment and order dated 24-8-2000 passed by the High Court Division in Criminal Appeal No.1131 of 1993 at the instance of the accused appellants and Criminal Appeal Nos. 4 to 10 of 2001 are also directed against the self-same judgment but at the instance of the State challenging the modifica...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......ed pecuniary advantage and thereby they have committed an offence punishable under section 109 of the Bangladesh Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. 4. After the trial the appellants petitioners were convicted under section 109 of the Penal Code read with sectio......; 14 MLR (AD) (2009) 168. ..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
....ued; then after hearing the High Court Division, disposed of both the appeal arid the Rule with a direction to the parties to maintain status quo till disposal of the Title Suit No.13 of 2004 and also directing the learned Joint District Judge to hear and dispose of the above suit as early as pos...... 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: 14 MLR (AD) (2009) 111. ......e above the High Court Division passed the impugned order without taking into consideration the fact that the defendants have not yet filed written statement and as such it is not possible for the trial Court to dispose of the suit within the stipulated period of 6(six) months as directed. ...... 111. ..Category: Property Law | Date: | Hits: 27
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....cable partition of the properties left by late Mubarak Ali effected by his heirs in the year 1940 which was subsequently embodied in a deed of partition in the year 1970 by all the heirs and successors was valid, legal, effective and binding upon the defendants Nos.1-17. 3. The defendant ......cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......t included in the deed of 1970 and they were in possession of 20 decimals of land out of 60 decimals of land under schedule E of the plaint. After conclusion of trial the learned Subordinate Judge (now Joint District Judge), Dhaka dismissed the suit by his jud......tructed by Nurul Islam Bhuiya, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 251 of 2006. (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No.983 of 2000.) ..Category: Property Law | Date: | Hits: 21
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....ting the appellants 1. Abdul Kashem Member, 2. Abdur Rab, 3. Joynul Abedin, 4. Mostafa and absconding convict Sultan under Section 302/149 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Tk. 5,000/- each, in default to suffer imprisonment for 1 (one) yea......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......he Code of Criminal Procedure and finally submitted charge-sheet against them under Sections 302/148/149 of the Penal Code. 5. The case record ultimately came to the file of the trial Court (Additional Sessions Judge), who framed charge against the accused-petitioner and other......hellip;………………………………………………Petitioner Vs. Abdul Kashem Member and others…….......Respondents Judgment April 20, 2008. Lawyers ..Category: Procedural Law | Date: | Hits: 79
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....bedin J Md. Abdul Matin J Sheikh Abul Hossain and others ……........Petitioners Vs. Khulna Development Authority represented by its Chairman, Upper Jessore Road, K.D.A. Building, Khulna and others……............Respondents Judgmen......to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......ed to define those commercial plots as unused lands and as such their suit is liable to be dismissed with heavy cost. 4. Thereafter considering the materials and evidence on record the trial court decreed the suit in favour of the plaintiffs and against the defendant respondents by h......se is also Reported in: VI ADC (2009) 79. ..Category: Property Law | Date: | Hits: 26
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....sp; Mohammad Fazlul Karim J.- This Appeal, by leave, is directed against the judgment and order dated 03.04.2002 passed by the High Court Division in Civil Revision No.830 of 1999 making the Rule absolute-in-part thereby sending the suit on remand setting aside the judgment and decree dated 14.0...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......atement. 4. The Assistant Judge, Borhanduddin Upazila heard arguments from both the sides, discussed the evidence and believed that the plaintiffs have been able to prove their case. So, the trial Court decreed the suit for eviction of defendant Nos.1 and 2 from the suit property and for k......ppellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Joynul Abedin J Mostafa Kamal..........................Appellant Vs. Md. Nasir Ahmed and others. ......Respondents Judgment May 27, 2008. Case Referred To- ..Category: Property Law | Date: | Hits: 23
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....age meant or in other words what the Ain said that it meant. The learned Counsel further submitted that an order passed by a Division Bench having writ jurisdiction cannot have any effect whatsoever on a Division Bench having civil appellate jurisdiction. 5. Dr. Kamal Hossain, learne......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J State Bank of India.......Appellant Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. and another………Respondents Judgment ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J State Bank of India.......Appellant Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. and another………Respondents Judgment June ..Category: Banking Law | Date: | Hits: 96
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
.... are directed against the common judgment and order dated 09.08.1999 passed by a Division Bench of the High Court Division in Writ Petition Nos.5392 of 1996 and 576 of 1998 making both the rules absolute. 2. The respondents as writ petitioners filed Writ Petition Nos. 5392 of 1996 a......omilla comprising 2.50 acres of Plot Nos. 342 and 381 being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appella......nt: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J M/s. Molla industrial Estate……………Appellant (In Civil Appeal Nos.135-136 of 2000)......espondents (In Civil Appeal Nos.137-138 of 2000) Judgment August 8, 2008. Cases Referred To- Alauddin Khanker (Md.) Vs. Secretary, Ministry of Land and others, 4 BLC (AD) 25; Bangladesh Vs. Golam Azam 46 DLR (AD). Lawyers Involved:..Category: Property Law | Date: | Hits: 42
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