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Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....objection and referred to in their application for local investigation filed in Title Suit No. 7 of 1998, which is barred by the Emergency Requisition of Property Act, 1948 and also barred by Res judicata as the claim was settled against the predecessor of the respondents in T......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. .......07.19.55 the claim of the defendant-respondents is legally barred by the Emergency Requisition of Property Act,1948 and had this material fact been not suppressed by the defendant-respondents the trial Court would not have entertained the application for local investigation at the instance of t......structed by Firoj Shah, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.1092 of 2004. (From the judgment and order dated 27.04.2004 passed by a Single Bench of the High Court Division in Civil Revision N..Category: Property Law | Date: | Hits: 26
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
.... First Information Report with the Nabinagar Police Station on 26-02-2002 against the accused-petitioner and 59 others alleging, inter alia, that on 26-02-2002 due to previous enmity the accused persons being armed with dangerous weapons having surrounded the informants younger brother Md. Abdul ......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ...... Court of Sessions at Brahmanbaria and was registered as Sessions Trial Case No.128 of 2002 and was subsequently transferred in the Court of Additional Sessions Judge, Court No.2, Brahmanbaria for trial. During pendency of the trial, the case was transferred to the Druta Bichar Tribunal, Chittag......dul Basel Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on Record-For Respondent No. 5. Civil Petition For leave to Appeal No. 485 of 2005 (From the judgment and order dated 28th March, 2005 passed in Writ Petition No. 1823 of 2005 by the High Court Divisi..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....l Amin J.- This petition for leave to appeal has been filed against the judgment dated July 8, 2003 of a Single Bench of the High Court Division in Civil Revision No. 4696 of 2001 making the Rule absolute obtained against the judgment and decree dated August 9, 2001 of the Court of Joint Distric......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ...... Judge on the finding that the notice was not issued by the competent authority and that there is no description of the land in the schedule of the notice. As against the judgment and decree of the trial Court the contesting defendants went on appeal. 5. The appellate Court set aside the ......8) 142. ..Category: Property Law | Date: | Hits: 22
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....ated 4.9.1991 passed by the learned Sessions Judge, Sirajgonj in Session Case No.14 of 1990 convicting the respondent under section 304, Part-1, of the Penal Code and sentencing him to suffer imprisonment for 10(ten) years and to pay a fine of Tk.75,000/- in default to suffer rigorous imprisonme......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ...... the respondent there were frequent quarrels between them; the police after investigation submitted charge sheet against the respondent under section 302 of the Penal Code; the respondent stood for trial under section 302 of the Penal Code and pleaded not guilty; the prosecution examined 32 witne......te-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Respondent. Criminal Appeal No.16 of 1999. (From the judgment and order dated 2.11.1994 passed by the High Court Division in Criminal Appeal No. 1859 of 1991). ..Category: Criminal Law | Date: | Hits: 48
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....storation of the Administrative Appellate Tribunal Appeal No. 128 of 2000 which was dismissed for default upon observing "We find the application for restoration has not been filed within a reasonable period i.e. 90 days from the date of dismissal of the appeal. It is the usual practice of ......or the negligence and laches of the party, in our opinion, would amount to give premium to the negligence and laches of a party before the Tribunal and causing injustice to the other. 6. We called upon the learned Deputy Attorney General to place the judgment of the Administrative Tribuna......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) 128. ...... Abdur Rob Chowdhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record- For Respondent. Civil Petition for Leave to Appeal No. 1503 of 2004. (From the judgment and order dated September 20, 2004 of the Administrative Appellate Tribunal in Miscellaneous Case ..Category: Administrative Law | Date: | Hits: 95
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....nction possession is the cardinal factor. The lower appellate after due, discussion, dismissed the appeal affirming the above findings. The High Court Division considering the above position and also on relying on the case of Rafizuddin vs. Molla Barman, reported in 43 BLD(AD) 215 where it has b......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......02 under C.S. Khatian No. 160 corresponding to Petty Khatian No. 20, S. A. khatian No. 170 and R.S. Khatian No.192 under Mouza 176 Bara Asrafpur in Police Station Shibpur, District Narshingdi. The trial court, after hearing, decreed the suit. On appeal the appellate court, upon hearing, dismisse......LT (AD) (2008) 97. ..Category: Property Law | Date: | Hits: 26
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....p; Md. Tafazzul Islam J. - This petition for leave to appeal arises out of the judgment dated 6.7.2004 of a Single Bench of the High Court Division in Civil Revision No. 2499 of 2003 making absolute the Rule obtained against the judgment and decree dated 29.10.2002 passed by learned Distri......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......issal dated 6.10.1999 passed by defendant No. 3 is illegal, void and not binding upon the plaintiff and that he be restored in his earlier position with salary and all other benefits. 3. The trial court, after hearing, decreed the suit on the finding inter alia that the plaintiff was dismi......zul Islam J Md. Jahir Uddin………………………………………Petitioner Vs. Rupali Bank Ltd. and others……………….Respondents Judgment August..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....l Amin J.- This appeal by leave is directed against the judgment and order dated 29.06.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 2368 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in the ......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......ted 17.05.1969 in favour of the defendant No.1, the plaintiffs created false kabalas dated 06.04.1974 and 11.04.1974 and the plaintiffs never entered into possession of the suit land. 4. The trial court dismissed the suit. On appeal in Title Appeal No. 142 of 1978 the appellate court dismi......enior Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented-Respondent Nos. 3-12. Civil Appeal No. 26 of 2001. (From the judgment and order dated 29.06.1997 passed by the High Court Division in Civil Revision No. 2368 of 1991). ..Category: Property Law | Date: | Hits: 25
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....by inheritance and by purchase. It is the case of the plaintiffs that since 1935 they are possessing and enjoying the accreted land as their vendors possessed and enjoyed the accreted land. It is also the ease of the plaintiffs that they are in possession and enjoyment of the accreted land measur...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ...... Ruhul Amin J. - This is a defendants' appeal by leave against the judgment dated February 26, 1997 of the High Court Division in First Appeal No.206 of 1996 sending back the suit on remand to the trial Court upon setting aside the judgment and decree dated April 27, 1996 of the Court of Subordi...... ..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....a, that the appellant joined service under the Government as Typist in 1967 and later on become Stenographer, in Noakhali Judgeship in December, 1975. The dead body of Ziauddin Mahmud alias Firoj, son of respondent No.3 missing since 29.12.1982, was discovered on 1.1.1983, whereupon U.D. Case No...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......eople's Republic of Bangladesh upon the respondents to show cause as to why the order dated 26th November, 1996 passed by the Sessions Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should not be de......l Kabir Chowdhury J Mohammad Ullah……………........................Appellant Vs. Sessions Judge, Noakhali having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referr..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....g 24.11.1994 and the interested parties circulated the news that Lutfunnessa had committed suicide. The police thereupon recorded an unnatural death case (U.D. Case) at the instance of the accused persons on 25.11.1994. The appellant, father of the victim Lutfunnessa, tried to lodge FIR but the poli...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ...... Chief Metropolitan Magistrate by the order dated 6.12.1995 and there upon issuing of process against the accused and thereafter sending of the case to the Metropolitan Sessions Judge, Chittagong for trial without examining the complainant under section 200 of the Code of Criminal Procedure by himse......late Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Muhammad Ismail………...............................Appellant Vs. Md. Rafiqul Islam and others….....................Respondents Judgment March 7, 2007. Result: The appea..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....dated 29.7.99 issued by the respondent No. 2, Additional Deputy Commissioner (Revenue), Dhaka requesting the Deputy Commissioner of Police (West), Dhaka Metropolitan Police, to deploy 40 armed police so that the illegal trespassers who were in possession of 1.37 acres of land which has been leased t......owners of a portion of the case land by purchase by registered kabalas and produced documents showing purchase of 0.825 and 1650 acres of land and in the aforesaid circumstances S.D.O Dhaka Sadar called for a report from the C.O. (Rev) Tajgaon about the nationality of Jogesh and Mrinalini and th......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......ppellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mrs. Saju Hosein..............Appellant (In Civil Appeal No. 129 of 2001) Mrs. Rani Begum and others.........Appellants (In Civil Appeal No. 130 of 2001) Vs. The Government of the Peop..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....003 and Jail Appeal No. 190 of 2009). Judgment Md. Joynul Abedin J. - The condemned prisoners, Md. Kabir Hossain, Nannu Miah and Jahirul Islam alias Bhutto by filing separate jail p......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......l Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Md. Kabir Hossain ................Petitioner. (In Jail Petition No. 4 of 2007.) Nannu Miah and another...... Petitioners. (In Jail Petition No.6 of 2007.) Vs. The State..........Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....Division in Death Reference No.17 of 2002 and Criminal Appeal No.1645 of 2002 accepting the death reference in part and dismissing the criminal appeal reducing the sentence from death to imprisonment for life. 2. The facts, in short, are that Most. Minuara Khatun (15), sister of......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ...... Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioners. Zahirul Hague Zahir, Deputy Attorney General-For the Respondent. Jail Petition for Leave to Appeal Nos. 07 and 08 of 2005 (From the judgment and order passed by the High Court Division in Death Refer..Category: Criminal Law | Date: | Hits: 33
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....he case of the plaintiffs that the land of the said Touzis dilluviated and that after alluvion they as the tenants of the land of the said Touzis approached the authority for allotment of the land so alluviated and the authority allowed the prayer so made and that as against the said order the G...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......te case has been started. It was the case of the defendant No. 5 that the land shown in 'Ga' schedule went under water and as such the plaintiffs have no right, title and possession. 4. The trial Court dismissed the suit on the finding that the suit filed challenging the legality of the ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Shamsuddin Chowdhury and others……………........Petitioners Vs. Government o..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....by leave are directed against the common judgment and order dated 22.04.2002 passed by a Single Bench of the High Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment. 2. Short facts ...... favour of Abdul Barek Bepari and Muslim Bepari and after the death of Nasiruddin his heirs continued to stay on the land and in the building. On 17.11.1990 the Chairman of the local Union Parishad called the present Mutwalli and disclosed that the defendant No.1 claimed the suit land on the basi......pared in the name of the heirs of Nasiruddin. They further contended that the plaintiffs have no right, title, interest and possession in the suit land. 4. The trial court dismissed the suit and on appeal, the suit was sent back on remand for fresh hearing. T...... MLR (AD) 2006, 119. ..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....st the judgment and order dated 28th June, 1994 passed a Single Bench of the High Court Division in Civil Revision No. 184 of 1987 (Dhaka)/Civil Revision No.459 of 1988 (Rangpur) making the Rule absolute upon setting aside the judgment and decree dated 25-11-1986 passed by the learned Additional......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......07-1969 sold the said land to defendant No.3, who by a Kabala dated 13-10-1972 sold .98 acres of land to defendant Nos.1 and 2. Defendant Nos. 1 -3 have been possessing the suit plot. 4. The trial Court dismissed the suit holding, inter alia, that it was barred by limitation bei...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Syed J. R. Mudassir Husain J Shamsur Nessa and another................Appellants Vs. Md. Shajahan Ali and others.............Res..Category: Property Law | Date: | Hits: 21
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
....ng application filed by the petitioners praying for adding them as parties. 2. The respondent Nos.1 and 2 instituted the above suit for declaration of their title in the suit property and also recovery of khas possession of the same on the averments that Sharat Chandra Barai, Satish ...... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ...... Hakim and Kazi Abdul Halim, respectively the defendant Nos.2,4,4(a) and 13 of the above suit; the above vendees of the said sale deed i.e. Hosne Ara and others appeared and contested the suit; the trial court after hearing, decreed the suit on 18.4.1978 holding that the above Sale Deed No: 4979 ......n: V ADC (2008) 605. ..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
....r old S. A. Khatian No. 233 and new Khatian No. 113, Mouza-Shontosh, Police Station and District-Tangail belonged to Kangal Chandra Denagir. After the death of said Kangal Chandra Denagir, his only son, Roma Choron Dey became owner of the property by inheritance. On 28-05-1956 by deed No.4660 Ro...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ......uted and registered on 20-11-1998 and owning and possessing the same opening separate holding for the same. The preemptees have spent Tk.2, 50,000/- for development of the suit land. 5. The trial Court upon hearing the parties dismissed the aforesaid preemption case on 29-05-2002. Against...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Malek and another…………............Petitioners Vs. Md. Sanowar Ho..Category: Property Law | Date: | Hits: 26
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....to submit his case before the High Court Division and the further submission that by summarily allowing the revisional application, the High Court Division practically gave substantive relief sought in the revisional application and hence the High Court Division erred in law in passing the ......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......the second schedule land claiming title and ownership of the land. The suit was contested by the defendant, by filing written statement denying the material allegations made in the plaint. The trial court by judgment and decree dated 29.10.2000 decreed the suit against which the defenda......hellip;….........Appellant Vs. Md. Abul Kashem & another ......................Respondents Judgment June 19, 2005. Case Referred to- Danish Ali and others Vs. Sakina Bai and others, 4 BLD (AD) 68. Lawyers Involved: Md. Waliul Is..Category: Property Law | Date: | Hits: 71
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