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Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
....oner instituted the above suit seeking declaration that he is the legally and validly appointed Marriage Registrar of Jaforganj Union Parishad No. 8 (North), Police Station Debidwar, Comilla and also praying for an order of temporary injunction restraining the respondents from interfering with h...... 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: V ADC (2008) 793. ......der him and the petitioner, in collusion with the Chairman and other members of the Union Parishad, brought into existence a spurious order showing his appoint as the Nikah Registrar. The trial Court, after hearing, dismissed the suit. On appeal the learned Joint District Judge dismiss...... (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J Kazi Ali Akber…………...............Petitioner Vs. Md. Hafizuddin Ahmed and others…………........Respondents Judgment January ..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....rim J. - The petitioner, Md. Nasiruddin, seeks leave to appeal against the judgment and order dated 26.02.2006 passed by the High Court Division in Civil Revision No. 1238 of 2004 making the Rule absolute setting aside the judgment and decree dated 07.03.1998 passed by Senior Assistant Judge and S......of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......p premises and instituted the present suit to make unlawful gain and prayed for dismissal of the suit. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioner submitted that the trial Court recorded a clear finding that the defendant was not a defaulter in respect of payment of......ed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by the High Court Division in Civil Revision No.1238 ..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
.... of quantum of money to be paid to the plaintiff by the defendant, the landlord, and as the defendant is willing to return only the amount of salami received by her against the said shops and is also agreeable to pay further claim of the plaintiff along with compensation to be decided by way of ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ......ter hearing, allowing the appeal and made the award the Rule of the Court. 4. The learned counsel for the defendant petitioner submitted that the learned Joint District Judge found that the trial Court to the effect that defendant petitioner filed Miscellaneous Case No.34 of 1998 under se......Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by the High Court Division in First Appeal No. 87 of 2002). ..Category: Alternative Dispute Resolution | Date: | Hits: 192
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....passed by the learned Senior Assistant Judge, 1st Court, Bogra in Small Cause Court Suit No. 1 of 1998 decreeing the suit. 2. Short fact of the case is that one Abbas Ali Mondal, the predecessor in-interest of the respondent Nos. 1-7 as plaintiffs instituted Small Cause Court Suit No.1 of ......tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......st the heirs of the original landlord Haji Abbas Ali Mondal and the plaintiff having learnt about the said suit instituted this false suit which is liable to be dismissed with costs. 4. The trial court framed necessary issues and on consideration of the evidence on record came to the find......Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shahanur Rahaman and others…………Petitioners Vs. Alhaj Abbas Ali Mondal..Category: Property Law | Date: | Hits: 91
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....bsp;Md. Ruhul Amin J.- This petition for leave to appeal is directed against the judgment dated July 5, 2005 of a Single Bench of the High Court Division in Civil' Revision No.457 of 2004 making absolute the Rule obtained against the judgment dated August 31, 2003 of the 3rd Court of Additional ......; This Case is also Reported in: V ADC (2008) 768. ......alleging that the pre-emptor was aware of the transaction and that with an evil design pre-emptor has filed the Miscellaneous Case after lapse of 6 years making unfounded allegations. 4. The trial Court rejected the prayer for pre-emption on the finding that the Miscellaneous Case was barr......sent: Md. Ruhul Amin J M. M. Ruhul Amin J 1. Mr. Tayab Ali being deceased his heirs: 1(a) Sharif Uddin alias Aftab Uddin being deceased his heirs: 1. (a) (i) Irin Aktar and others ..........Petitioner Vs. Md. Ataur Rahman and others. ........Respondents..Category: Property Law | Date: | Hits: 23
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....of the document taking the plea that the property in suit has been treated as abandoned property and that to get the property out of the abandoned character they have filed suit, that the suit so filed was decreed on May 30, 1988, that there was an appeal and the same was dismissed on May 2......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ...... having had got the lost papers created ante-dated bainapatra and on the basis thereof has filed the suit making untrue statements and as such the suit is liable to be dismissed. 3. The trial Court decreed the suit on the finding that signatures appearing in the bainapatra are of the ......d in: V ADC (2008) 765. ..Category: Civil Law | Date: | Hits: 74
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
.... declaration of title and confirmation of possession in respect of the 'Ka' schedule land. 4. The plaintiffs claimed title in the land in suit being in adverse possession since 1952 and thereupon sought for declaration of title and confirmation of possession. 5. The land in suit belonged to ......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ...... such are entitled to the relief sought. 8. The defendant i.e. 'Hargram Trust Board' went on appeal, Title Appeal No. 151 of 1996, and the appellate Court set aside the judgment and decree of the trial Court on the finding, that the relationship of the plaintiffs and the defendant having had b......lso Reported in: V ADC (2008) 762. ..Category: Property Law | Date: | Hits: 39
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....his petition for leave to appeal has been filed against the judgment and order dated March 9, 2006 of a single Bench of the High Court Division in Civil Revision No. 2631 of 1996 making the Rule absolute upon setting aside the judgment and decree dated April 18, 1996 of the Court of Additional D......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......y filed the Suit No. 42 of 1986. 5. It was the definite case of the contesting defendants that the summons were duly served upon the defendants of the Title Suit No.42 of 1986. 6. The trial Court dismissed the suit on the finding that the plaintiffs failed to prove their case i.e. n...... Mahmuda Haq……………………………………………..Petitioner Vs. Abdul Mannan Miah and others……………....Respondents Judgment August 2,..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....eals and affirming the judgment and decree dated 06.07.2002 passed by the learned Joint District Judge, 3rd Court, Dhaka in Title Suit No. 01 of 2000 making an award dated 11.11.1999 passed by the sole arbitrator-defendant-respondent No. 2 rule of the court and decreeing the suit in favour of th......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......diction and an arbitrator so appointed lacks jurisdiction inherently and hence any award passed by such arbitrator is none-est. 14. It appears that at no point of the proceeding before the trial court the petitioner raised any objection with regard to jurisdiction rather participated in ...... J Bangladesh Bank…………………………………..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 20..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....Suit No.175 of 1978 by the learned Assistant Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertainin......declined to interfere with the same. We are of the view that the High Court Division on correct appreciation of the materials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported ...... in the suit land and that the defendant trespassed into the land of the plaintiff as has been established by report of the pleader commissioner, affirmed the judgment and decree passed by the trial court. The High Court Division considering that the impugned judgment and decree dated 21.11......(2008) 749. ..Category: Property Law | Date: | Hits: 29
Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)
....ated in Jikrul Haque Road, Syedpur town and one Albert Shing was owner of the said VIDEO shop. The owner of the VIDEO shop used to send the deceased with VEDIO/V.C.P set to the house of the persons who used to hire his VIDEO set. The further case is that on 30.12.1995 the said Albert Shing ......nd as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......bmitted charge sheet in the case. The convict-appellant Shamim Beg made confessional statement before a competent Magistrate who recorded it under section 164 of the Code of Criminal Procedure. The trial court framed charge under section 302/201/34 of the Penal Code. 4. The defence pl......For the Appellant. Golaitt Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 30 of 2002. (From the judgment and order dated 07.08.2001 passes by the High Court Division in criminal Appeal No. 1834 of 1999.)..Category: Criminal Law | Date: | Hits: 47
Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)
....as started against accused Dulal and his mother Julekha Khatoon. P.W. 11, Sub-Inspector of Police Rafiqul Islam, the investigating officer held inquest on the dead body of Hazera Khatoon, He found some marks of injuries on the neck, chest and finger of deceased Hazera. He thereafter sent the dea......in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......su Nirjaton (Bishes Bidhan) Ain, 1995 against accused flulal and Julekha who were respectively the husband and the mother-in-law of the deceased Hazera Khatoon. 3. At the commencement of the trial a charge under section 10(1) of Nari-O-Shisu Nirjaton (Bishes Bidhan) Ain, 1995 was framed a......r. Abdur Rouf, Deputy Attorney General - For the Respondent. Jail Petition No. 6 of 2004 With Criminal Miscellaneous Petition No. 57 of 2004. (From the judgment and order dated 11.8.2003 passed by the High Court Division in Death Reference N6.41 of 2000.) ..Category: Criminal Law | Date: | Hits: 51
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
.... 2. The learned Judge of the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Natore hereinafter shall be referred to as Adalat by the judgment and order dated 28-02-2001 sentenced the condemned prisoner Bokkor to death in Nari-O-Shishu Nirjatan Case No. 40 of 1998. Thereafter the Adalat made the......of the High Court Division. Accordingly, both the Jail Petition and Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......ishu Nirjatan Daman Bishesh Adalat, who framed charge against the accused-petitioner under Section 10 (1) of the said Ain and read it over to the accused on dock who pleaded not guilty and demanded trial. 6. The prosecution examined 19 Pws. including the informant, the Magistrate, who reco...... Zahirul Hoque Zahir, Deputy Attorney General-For the Respondent. Jail Petition 16 of 2004 With Criminal Miscellaneous Petition No. 87 of 2004 (From the judgment and order dated 04-04-2004 passed by the High Court Division in Death Reference No. 12 of 2001 with..Category: Criminal Law | Date: | Hits: 32
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....inally belonged to Nowab Court of Wards Estate, Dhaka and C.S. Khatian was accordingly prepared. On 30.9.1935 Nawab Sir Salimullah and his brother Atiquallh gave pattan of the suit land to their grandsons Md. Habib and others by an "Amalnama" at a 'Salami' of Tk. 400/- and also delivered possession ......any illegality 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: V ADC (2008) 690. ......e suit land described in the schedule of the plaint and also its position an advocate commissioner was appointed for local investigation who after investigation submitted report with maps and the trial court also examined the advocate commissioner. In the trial the plaintiff deposed as P.W.1 and....... ..Category: Property Law | Date: | Hits: 32
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....tment and lived in the suit land with other members of his family. The said Musleem Miah borrowed Tk. 3000/- from the father of the plaintiff and allowed him to stay in the land as a permissive possessor. After the war of liberation, Musleem Miah decided to migrate to Pakistan forever and handed ove......s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......d Title Suit No.35 of 1986 for Specific Performance of Contract. 4. The further case of the defendant is that he has established a silk factory upon the suit land and is in possession. 5. The trial court decreed the suit in part declaring the exparte decree dated 09.08.1990 passed in Title S......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....pearance and filed written statement. At one stage of the suit the plaintiffs filed an application under section 151 of the Code of Civil Procedure with the prayer for staying the operation of the soleh (compromise) decree dated September 1, 1997 passed in Title Suit No.69 of 1997 till disposal ......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ...... Civil Procedure with the prayer for staying the operation of the soleh (compromise) decree dated September 1, 1997 passed in Title Suit No.69 of 1997 till disposal of the plaintiffs' suit and the trial Court upon hearing the parties allowed the application so filed with the prayer for staying t......n Md.Tafazzul Islam J Sheikh Abdul Mazed ………………………………Petitioner Vs. Md. Shomrej Ali Mandal and others………Respondents Judgment July 9, 2006. ..Category: Procedural Law | Date: | Hits: 58
Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
....sp; Md Ruhul Amin J.- This petition for leave to appeal is against the judgment dated March 8, 2004 of a Single Bench of the High Court Division in Civil Revision No.60 of 1995 making absolute the Rule upon reversing the judgment and decree dated September 5, 1984 of the 3rd Court of...... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ......Golap Dasi, that defendant No.3 transferred 2.33 acres of land on February 17,1988 to the defendant Nos.4-6 and the said defendants are in possession of the land they got by purchase. 4. The trial Court on consideration of the materials, on record arrived at the finding that the plaintiff ......n: V ADC (2008) 676. ..Category: Property Law | Date: | Hits: 21
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
....135 of 1995 decreeing the suit. 2. The respondent Nos.1-4 instituted the above partition suit on the averments that the suit land originally belonged to Fosi Gazi and after his death his two sons Hamid Ali and Tukku Mia became owners of the same each getting 8 annas share; Hamid Ali died l...... 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: V ADC (2008) 673. ...... sold 60 decimals in favour of defendant Nos.3 and 4 and the defendant Nos. 1-5 are in possession of the remaining 89 decimals of land and as such the suit is liable to be dismissed in limini. The trial court decreed the suit in part. On appeal by the plaintiffs the learned Additional District J......Appellate Division (Civil) Present: Md. Ruhul Amin J Md.Tafazzul Islam Sayed Ahmed Majumder..........................Petitioner Vs. Samsul Hoque and others........................Respondents Judgment July 10, 2006. Lawyer..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
.....1982 in favour of defendant No. 1 in respect of the scheduled property. Subsequently the plaintiff arranged to sell half of the scheduled property and the defendant No.2 protested. The plaintiff also misbehaved with the defendants. The plaintiff also did not lookafter the defendant No. 1. Accor......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......97. The defendant No. 1 handed over possession of the suit property in favour of the defendant No.2. The plaintiff is the permissive possessor of the suit land under defendant No. 2. 4. The trial court decreed the suit. On appeal in Title Appeal No.285 of 2000, the court of appeal dismiss...... instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 16 of 2002.) ..Category: Property Law | Date: | Hits: 26
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....eed but the same is out and out a sale deed in respect of Kha schedule property of the plaint stating, inter alia, that the suit land originally belonged to one Sitanath Saha who died leaving three sons, Pran Gopal Saha @ Khhshinath Saha, Atul Krishna Saha and Binoy Bushan Saha. The three sons o......n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......dant No.1 has been possessing the same on mutating his name. He also developed the land. The prayer for pre-emption is barred by limitation and not maintainable for defect of parties. 5. The trial Court dismissed the suit. On appeal being Title Appeal No.34 of 1996 the appellate Court allo......ted by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 412 of 2007. (From the judgment and order dated 03.08.2006 passed by the High Court Division in Civil Revision No.5101 of 2000.) ..Category: Property Law | Date: | Hits: 19
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