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Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....is petition for leave to appeal is directed against the judgment and order dated 30.07.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 4274 of 1994 making the Rule absolute. 2. The plaintiff instituted Title Suit No. 179 of 1990 in the Court of Assistant Jud......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......ession thereto transferred 15¾ decimals of land therefrom and the said purchase have been possessing the same and accordingly prayed for dismissal of the suit with cost." 4. The trial Court on consideration of the materials on record decreed the suit. On appeal being Title App...... Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-18. Civil Petition for Leave to Appeal No. 218 of 2006. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 4274 of 1994). ..Category: Property Law | Date: | Hits: 26
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
.... and was renumbered as Title Suit No.132 of 1997. The plaintiffs alleged that the suit land, as described in schedule 'ka' to the plaint, belonged to one Alep Khan who died leaving behind his only son Dil Mohammad and only daughter Kadbanu Bewa. His daughter Kadbanu inherited 1/3 share. Dil Moha......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......t the heirs of the mortgagors and the defendants having purchased a portion of the suit land have been in possession of the same for a long period to the knowledge of the plaintiffs. 4. The trial court on consideration of the materials on record held that the transaction in question is a ......itle Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka for a decree for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge, Nawabganj, Dhaka and was renumbered as Title Suit No.132 of 1997. The plaintiffs alleged that the suit land, as desc..Category: Property Law | Date: | Hits: 41
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....ary jurisdiction of the District Judge has been mentioned in the aforesaid Act. 7. The Full Bench considering the above mentioned decisions of the Division Benches of the High Court Division and also considering Sections 6, 22, 24 and Order XLVIII Rule 1 of the Code of Civil Procedure, Section 8 ......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......t under Section 24 of the Code of Civil Procedure, the District Judge on an application of any of the parties or suo-motu may transfer at any stage any suit, appeal or other proceedings before it for trial or disposal to any court Subordinate to it and competent to try or dispose of the same and in ...... Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 08.02.2006 passed by a Full Bench of the High Court Division in Civil Revision No. 1..Category: Limitation Law | Date: | Hits: 171
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....udgment M.M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 21.10.2001 passed by the High Court Division in Civil Revision No. 1874 of 1993 making the Rule absolute. 2. The plaintiff instituted Title Suit No. 214 of 1973 which was subsequently reÂnumbere......ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ...... rent. The plaintiff then instituted Money Suit No. 48 of 1960 in the 3rd Court of Munsif (now Assistant Judge), Comilla for realizaÂtion of the arrear rents but the suit was disÂmissed by both the trial Court and the appelÂlate Court. 7. The trial Court and the appellate Court concurrently he......A.J. Mohammad Ali, Senior AdvoÂcate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 269 of 2003. (From the judgment and order dated 21.10.2001 passed by the High Court Division in Civil Revision No. 1874 of 1993). ..Category: Tenancy Law | Date: | Hits: 141
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....In order to improve his efficiency he got admitted into the Institute of Transport, an institution incorporated by the Royal Charter in 1926 and after 4 years of his study he passed the Associate Membership Examination in May, 1961 and he was given the Associate Membership of the ......l and without jurisdiction. 3. Upon the said application to the Deputy Commissioner (Rev.) Sylhet Miscellaneous Case No. 40/2001-2002 was started and the Additional Deputy Commissioner called for a report from the Assistant Commissioner (Land), Sylhet, Sadar upon inquiry and the inqu......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ...... Present: Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Achyutananda Das...........................................Petitioner Vs. Government of Bang..Category: Property Law | Date: | Hits: 54
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
....es for importing fax machines from Singapore at 10% margin. The petitioner vide letter dated 14-7-1988 granted the facility on the terms and conditions that the facility must be secured by personal guarantee of respondent No. 1 AB Siddiq and on the basis there of respondent Nos. 1 and ...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ...... totaling US$ 92,950 for importing the said fax machines. To secure the entire facilities respondent No.1 executed Letter of Guarantee, Demand Promissory Note, which were exhibited in the trial Court. Besides those, respondent No.1 executed all charge documents/ BM agreement. ...............Respondents Judgment November 4, 2007. Cases Referred to- Secretary Ministry of Works vs. Hasner Jahan Ahad 6 BLC (AD) 111; Chittagong Engineering and Electric Supply Co Ltd vs. Income Tax Officer 22 DLR (SC) 443; Bangladesh, Ministry of Works vs..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
.... the gazette notification dated 23-9-1986 was illegal and the direction of respondent No. 3 dated 8-9-1998 to the petitioner to deposit Taka 58,261.00 as house rent for the said property was also illegal, without any lawful authority and is of no legal effect. 2. The case of the petit......ed the case property during the relevant period. It also appears from the record that the case property is an abandoned property. In this context Article 14(1) of the PO No. 16 of 1972 may be called in aid. Article 14(1) of the order provides that an property vested in the Government under ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ....... Government of Bangladesh...................Respondents Judgment November 15, 2007. Civil Petition for Leave to Appeal No. 1559 of 2005. (From the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001). ..Category: Property Law | Date: | Hits: 23
Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)
....ul Karim J MM Ruhul Amin J Abul Kalam Azad.........................Petitioner Vs. Bangladesh Government Primary School Teachers Association and others… ……………..Respondents Judgment ...... without being a teacher of any Primary School he declared himself as the President of Bangladesh Primary Teachers' Association. But he could to show any resolution as to the framing of the so-called constitution of the Association. The High Court Division further found that as many as thre...... defendant being the President of the Bangladesh Primary Teacher's Association has a right to carry out the activities as such and that the plaintiffs' suit is liable to fail. 4. The trial Court on consideration of the materials on record decreed the suit. On appeal in Title A...... MM Ruhul Amin J Abul Kalam Azad.........................Petitioner Vs. Bangladesh Government Primary School Teachers Association and others… ……………..Respondents Judgment Ma..Category: Civil Law | Date: | Hits: 83
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
.... 2. The respondent No.1, as plaintiff, filed the above Title Suit No. 189 of 1991 praying for declaration that the suit land mentioned in Ka schedule of the plaint is debottor property and also for declaration that the decree dated 17-5-1971 passed in Title Suit No. 94 of 1971 and another ......Nos. 7-8 they could not be successful and the defendant Nos. 31 and 32 also failed to obtain municipal plan in their favour and the defendant No. 9 also did not put them into possession and the so called solenama between the plaintiff and the defendant Nos. 31-32/42-44 is false and the defendant...... 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: 13 BLC (AD) (2008) 131. ...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Morium Begum and others.........Petitioners Vs. Durga Matha and others............Respondents ..Category: Property Law | Date: | Hits: 26
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
..... 2. The respondent filed the suit for permanent injunction restraining the petitioners from dispossessing him forcibly from the suit property and of taking any possession thereof and also from disturbing him with his peaceful possession therein stating, inter alia, that his father, ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......d of taking any possession thereof and also from disturbing him with his peaceful possession therein stating, inter alia, that his father, Abdur Rahman acquired the suit property from the Industrial Corporation Limited on the basis of an agreement dated 24-3-1954 and purchased shares of the......Mudassir Husain CJ Mohammad Fazlul Karim J A Kabir Chowdhury J Md. Joynul Abedin J Abdul Baki and others..................Petitioners Vs. Farooque Ahmed………&he..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....y;diction of the District Judge has been mentioned in the aforesaid Act. 7. The Full Bench considering the above mentioned decisions of the Division Benches of the High Court Division and also considering sections 6, 22, 24 and Order XLVIII Rule 1 of the Code of Civil Procedure, section 8...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ...... section 24 of the Code of Civil Procedure, the District Judge on an application of any of the parties or suo motu may transfer at any stage any suit, appeal or other proceedings before it for trial or disposal to any Court Subordinate to it and competent to try or dispose of the same a...... Fazlul Karim J MM Ruhul Amin J Md. JoynulAbedinJ Md. Abdul Matin J Bangladesh................................. Petitioner Vs. AHM Khurshed Ali and others...............................Respondents Judgment April 10, 2008. ..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... and thereafter, the petitioner as plaintiff filed Title Suit No.167 of 1991 for setting aside the aforesaid ex parte judgment and decree alleging that the said, decree was obtained by fraud and also misleading the Court and also prayed for permanent injunction therein and the said case has bee...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ...... Court Division discharged both Rules. 3. Mr. Harandra Nath Nandi, learned Advocate, appearing for the petitioner submitted that the High Court Division failed to appreciate the findings of trial Court passed in Title Suit No. 21 of 1993 dated 05.04.1997 to the effect that the Petitioner ...... Vs. Mozaharul Islam Chowdhury………………………..Respondent Judgment February 4, 2008. Lawyers Involved: Harandra Nath Nandi, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petition..Category: Civil Law | Date: | Hits: 100
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....h Special Tribunal Judge, Mymensingh in Special Tribunal Case No. 44 of 2002 convicting the accused petitioner under Sections 19A and (f) of the Arms Act and sentencing him to suffer rigorous imprisonment for 14 years and 10 years respectively and to pay a fine of Tk.20,000/-, in default, to suf......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......used petitioner under Sections 19A and (f) of the Arms Act and submitted F.I.R. against the rest. 4. The case record ultimately came to the file of the Special Tribunal Judge concerned for trial, who framed charge against the accused-petitioner under Sections 19A and (f) of the Arms Act......ed by Syed Mahbubur Rahman, Advocate-on-Record-For the Appellant. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 475 of 2006. (From the judgment and order dated 20-07-2006 passed by the High Court Division in Criminal Appeal No. 1678 of 2004)...Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....; Md. Ruhul Amin J. - This appeal, by leave, is against the judgment and order dated March 27, 1997 of a Single Bench of the High Court Division in Civil Revision No.7646 of 1991 making the Rule absolute upon setting aside the judgment and decree dated February 19, 1991 of the Court of District ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ...... are in possession of the land in suit. It was also the case of the contesting defendant that the plaintiffs by creating forged and ante-dated documents want to grab the land in suit. 4. The trial Court on consideration of the evidence brought on record by the parties decreed the suit on t......ision (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh ……….....Appellant Vs. Ershad Ali Moral and others …………....Respondents Judgment January 11, 2005. ..Category: Property Law | Date: | Hits: 24
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
....a "Rajakar Camp" near Sattyajir Bazar beside the Baba Ganga river. On 25.10.1971 the petitioners forcibly brought Hashem Mollah. father of the complainant-respondent Nos.1 and 6 other persons to the said camp and carried on physical torture upon them, ultimately in the midnight of 27.1...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......st petitioner No. 1 and 20 accused persons for the offence punishable under section 302 and 120B of the Penal Code. It was also reported by him that the learned Sessions Judge, Jessore who held the trial acquitted all the accused persons on 4.2.1975. It was further stated in the inquiry report th......Criminal) Present: Md. Ruhul Amin J Mohammed Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Afzal Hossain Biswas and others…………................Petitioners Vs. Mst. Khode..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
.... petitioner admitted to have in his possession a shutter gun with ammunition kept in his residential house and then he was taken to his house and he himself brought out the arms and ammunition and so a case was started against him under Section 19A and 19(f) of the Arms Act being Mirpur P.S. Cas......ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......under Section 19A and 19(f) of the Arms Act being Mirpur P.S. Case No. 6 dated 26.11.1996. The case being investigated charge sheet was submitted against the accused petitioner accordingly. During trial the accused petitioner was released on bail, but he absconded. Be that as it may, prosecution......r Husain CJ Mohammed Fazlul Karim J Amirul Kabir Chowdhury J Mojibur Rahman alias Babu……………Petitioner Vs. Deputy Commissioner and Ors……………..Respondents Judgment August 31, 2005...Category: Criminal Law | Date: | Hits: 24
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....t they had the initial knowledge of the transfer on January 8, 1982 and that on obtaining the certified copy of the kabala on 15.1.1982 they had the definite knowledge about the transfer. It was also the contention of the pre-emptor that the transfer was made without serving any notice on them i......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......sion to the pre-emptees (purchasers). As against that it was the contention of the pre-emptee that the seller on the very day of sale vacated the land and made over possession to him. 3. The trial Court allowed the prayer for preemption on the finding that the pre-emptors are co-share...... Md. Ruhul Amin M. M. Ruhul Amin Abdur Rahman & Ors………………………Petitioners Vs. Most. Rahimannessa and Ors……………Respondents Judgment October 27, 2005. ..Category: Property Law | Date: | Hits: 21
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
.... Md. Ruhul Amin J. - These three leave petitions have been filed against the common judgment dated October 26, 2003 in Civil Revision Nos. 3748, 3747 and 3754 of 1994 making the Rules absolute upon setting aside the judgment and order passed in Miscellaneous Appeal Nos. 202, 203 and 2......the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......bsp; was served on the tenant to handover possession of the premises in question to the landlord. 4. The trial Court rejected the Miscellaneous cases on the finding that the tenant i.e. petitioner in the ...... Md. Ruhul Amin J. - These three leave petitions have been filed against the common judgment dated October 26, 2003 in Civil Revision Nos. 3748, 3747 and 3754 of 1994 making the Rules absolute upon setting aside the judgment and order passed in Misc..Category: Civil Law | Date: | Hits: 104
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
.... no-confidence typed proposal was accepted in that meeting and requested the Upazila Nirbahi Officer, Kotiadi to take necessary steps and the Upazila Nirbahi Officer, Kotiadi after receiving the resolution dated 31.07.2004 appointed the Upazila Education Officer, Kotiadi as authorized officer on......sition stating, inter alia, that the authority after receiving no-confidence proposal of 10 Members of the said Union Parishad appointed Upazila Education officer, Katiadi as authorized officer who called special meeting of the said Union Parishad and asked the petitioner to be present in the spe......our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......r. Zainul Abedin, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1422 of 2006 (From the Judgment and order dated 14.12.2005 passed by the High Court Division in Writ Petition No. 6093 of 2004). ..Category: Others | Date: | Hits: 91
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....ered kabulyat dated 22.03.1938 in favour of Dundu Shah, Dukhu Shah and Separ Mohammad. The S.A. record was prepared accordingly in their names. The pre-emptee Nos. 6-7 being co-sharers in the jote sold .09 acre of land by a kabala dated 17.02.1987 in favour of the pre-emptee Nos.1-5 who are stra......t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......f the pre-emptees through oversight. The co-sharership of the pre-emptee remains unaffected since they are also co-sharers by inheritance. So, the case is liable to fail against them. 4. The trial court allowed the pre-emption case. On appeal being Miscellaneous Appeal No.9 of 1988, the a...... Mrs. Khursheed Jahan, Advocate-on-Record-For Respondent Nos. 1-4. Not represented-Respondent Nos. 5-55. Civil Petition for Leave to Appeal No.102 of 2006 (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No. 393 of 1993). ..Category: Property Law | Date: | Hits: 19
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