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Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....red his share in the 'Kha' schedule by a Heba-bil-Ewaz deed dated December 20,1956 to Kholsha Nessa Bibi and Fuljan Bibi, that Fuljan transferred 1.15 acres of land from 'Kha’ schedule and also transferred her entire share in ‘Ka’ schedule by deed of gift dated February 8, 1962......appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......the kabala dated March 28, 1967 to the defendant Nos.4 and 5, that the defendants are in possession of the land in suit and as such the plaintiffs suit is liable to be dismissed. 4. The trial Court dismissed the suit on the finding that plaintiff miserably failed to establish his case...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Aftab Uddin….....................Petitioner Vs. Kosimuddin and others .........Respondents Judgment August 24, 2006. Lawyers Involved: ..Category: Property Law | Date: | Hits: 24
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....of 21 decimals of land in Khatian No.30 (old) and out of the same he transferred 8 decimals of land to one Paresh Chandra by registered kabala dated 30.3.1963 and on the same date Bondi Ram also transferred 8 decimals if land to Bachcha Mahmud and Bel Bewa; on 29.4.66 Bachcha Mahmud sold 4 ......on reading and non consideration of evidence and the materials on record and/or any other illegality or infirmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC ......he suit land; the defendant No.6 had also no legal interest in the suit land and if the plaintiff got any land from him the same did not confer any right, title and interest upon the plaintiff. The trial court, after hearing, decreed the suit and directed defendant Nos. 1-4 to deliver khas posse......ported in: V ADC (2008) 585. ..Category: Property Law | Date: | Hits: 23
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
.... in his name on payment of the balance consideration money within four months and the possession was to be delivered to him only after execution and registration of the sale deed and it was also stipulated that the above contract would be treated as cancelled if the balance consideration mo......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ...... Tk.2,66,500/-by installments which is evident from the bainanama itself and its back page and separate receipts and the execution of those has also not been denied by the petitioners and the trial Court, considering all these facts minutely, decreed the suit. 5. We are of the view th...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Zakir Khondakar and others.............Petitioners Vs. Bimal Kumar Kunda and others ......Respondents..Category: Property Law | Date: | Hits: 26
Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)
....This petition for leave to appeal is directed against the judgment and order dated 20.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No.2384 of 1991 making the Rule absolute. 2. Short facts are that father of the petitioners filed Title Suit No. 58 of 19......s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ......ssed on 24.03.1972. Thereafter the second case brought by the son of another defendant (since deceased) is barred by principle of res judicata and hence the same is not maintainable. 3. The trial court allowed the Miscellaneous Case No. 15 of 1990 under Order 9 Rule 13 of the Code of Civi......nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1131 of 2005. (From the judgment and order dated 20.06.2005 passed by the High Court Division in Civil Revision No. 2384 of 1991). ..Category: Procedural Law | Date: | Hits: 91
Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
.... re-hearing of the Second Appeal No.45 of 1979 which was allowed on 10.4.1997. The appeal was filed against the judgment and decree dated July 31, 1978 of the Court of Additional District Judge, Jessore in Title appeal No.31 of 1977 allowing the same and thereupon dismissing the plaintiff’s......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ...... Assistant Judge) Jessore in Title Suit No.8 of 1977 decreeing the suit and thereupon declaring title of the plaintiff in the land in suit and confirmation of possession of the plaintiff. The trial Court further by a decree of permanent injunction restrained the defendant Nos. 8 and 9 ......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Noor Mohammad Biswas being dead his heirs 1. (a) Mst. Ayesha Begum and others ................Petitioners Vs. Surendra Nath Mondal being dead his heirs ..Category: Property Law | Date: | Hits: 25
Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)
....tion against the defendant Nos. 1 and 2. 4. It was the case of the plaintiff that his father Sirajul Islam was the owner of 31½ decimals of land and said Sirajul Islam died leaving 2 sons and 2 daughters, that plaintiff is the daughter of Sirajul Islam, that her brothers have sold ......ion restraining the petitioner herein from making any construction in the land In suit as well as not to change the nature and character of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Repo......d character of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ...... Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Abdur Rahman………….................Petitioner Vs. Jan Bibi and others ..................Respondents Judgment November 5, 2006. Lawyers I..Category: Property Law | Date: | Hits: 20
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
.... treated as enemy property (now vested property). The suit land was leased out to one Abdul Baten in E.P. Case No.210 of 1967 and subsequently lease was granted to Rahmat-E-Alam Islam Mission who also paid lease money up 1385 B.S. The further allegation is that the defendant obtained an ex parte ......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ...... Suit No.346 of 1977 obtained an ex parte decree though they were not owners of the suit land. It was further alleged that adoption Rathindra Nath Basak was illegal and invalid. 4. The trial court decreed the suit in favour of the plaintiff. The defendants then preferred Title S......heirs: Captain Salauddin & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik Vs. Md. Nurul Haque Mallik and others, BCR 1986 (AD) 56. Lawyers Involved: Fazlul Haque, Advocate instructed by..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
.... Appeal, by Leave, at the instance of the appellant is directed against the judgment and order dated 09.08.2001 passed by the High Court Division in Civil Revision No.3051 of 1999 making the Rule absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50......mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ......;quently he gave up the possession of the same in favour of the Mutwalli of the waqf property. Therefore, the plaintiff had no right, title, interest and possession in the suit land. 4. The trial Court dismissed the suit on the finding that the suit, as framed, was not maintainable and it...... Md. Joynul Abedin J Md. Hassan Ameen J Md. Hashmat Ullah Tapadar ...........................................Appellant Vs. Md. Basel Khan @ Haji Abdul Baset Khan and others........Respondents Judgment February 3, 2008. Lawyers Involved: ..Category: Property Law | Date: | Hits: 22
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....atan Damon Tribunal, Barguna. 5. The learned Tribunal on hearing both sides accepted the Naraji petition, and rejected the final report in respect of the accused and took cognizance against some of the accused including the petitioner under Sections 11(kha) and 30 of Ain and discharged o......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......the application of the appellant and others filed under Section 265C of the Code of Criminal Procedure and framed charges against them under Sections 11(Kha) and 30 of the Ain and fixed a date for trial. 6. Being aggrieved by the order of the learned Tribunal, the appellant and his brothe......-For the Appellant. Golam Kibria, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 09 of 2003. (From the, judgment and order dated 21.05.2002 passed by the High Court Division in Criminal Appeal No. 3145 of 2000.)..Category: Criminal Law | Date: | Hits: 41
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ing no embankment in the area where the suit land is situated the recorded tenants failed to produce any crops and as such could not pay rent to the landlord and that except Bhupati Charan, predecessor of the plaintiff Nos.1-2 and other tenants surrendered their right in favour of the landlord i...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ...... by the judgment and order dated 23.11.1985. 5. The defendants preferred Title Appeal No.12 of 1986 and the learned Additional District Judge, 1st Court, Satkhira remanded the suit for trial afresh by the learned Assistant Judge and directed the plaintiff to implead the Government of...... Supreme Court Appellate Division (Civil) Present Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Murari Mohan Sarder and others...................Petitioners Vs. The Government of the People's Republic ..Category: Property Law | Date: | Hits: 24
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
....he Government and has been possessing the same on payment of rent and taxes. 3. The further case of the plaintiff is that he married defendant No.1 on 5th January 1979 and they have one son and one daughter out of the said wedlock. The plaintiff being a Marine Engineer had to pass his...... 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: V ADC (2008) 519. ......ife with women and wine and being disgusted she got herself separated by way of divorce and she has been possessing the first floor of the building in her own right through bharatia. 5. The trial court dismissed the suit. On appeal the High Court Division allowed the appeal in part. Being....... Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No. 757 of 2005. (From the judgment and order dated 09.05.2005 passed by the High Court Division in F. A. No. 114 of 2000.) Judg..Category: Property Law | Date: | Hits: 20
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....ision No. 2341 of 1996). Judgment Amirul Kabir Chowdhury J. - Mossammat Mobitan Bewa and her son Md. Mojibar Rahman Pramanik being substituted in place of their predecessor defendant Abdul Kha......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ......ous Case the plaintiff constructed illegally a house in the suit land and that there is no merit in the suit of the plaintiff and as such it is liable to be dismissed. 5. The trial court recorded evidence of witnesses produced by both the parties and by judgment and decree ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Abdul Khaleque Pramanik being dead his legal representatives: Mossamat Chandrabhan Bewa and others ...............Petitioners Vs. Rajab Ali Pramanik and other..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ing those of dated 23.08.1986 passed by the learned Munsif (now Assistant District Judge), Ramo, Cox's Bazar in Other Suit No. 14 of 1986 dismissing the suit. 2. Padma Bibi, the predecessor of the petitioner Nos.1(Ka) to 1 (Gha) and Dhalu Bibi, the predecessor of the petitioner ......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......m the suit land they filed the instant suit. After transfer of this suit to the Court of Assistant Judge, Ramoo Upazilla, Cox's Bazar the above suit was renumbered as Other Suit No.14 of 1986. The trial Court after hearing dismissed the suit. The plaintiff then preferred Other Appeal No. 148 of ......d: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2004. (From the judgment and order dated 7th January, 2006 passed by the High Court Division in Civil Revision No. 2100 of ..Category: Property Law | Date: | Hits: 29
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....eal has been filed against the judgment dated June 24, 2003 of a Single Bench of the High Court Division in Civil Revision No. 1623 of 2001. The High Court Division by the aforesaid judgment made absolute the Rule obtained against the judgment and decree dated January 30, 2001 of the 2nd Court of......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......judgment and decree dated March 30, 2000 of the 1st Court of Senior Assistant Judge, Gazipur in Title Suit No. 127 of 1999 decreeing the same. The appellate Court upon reversing the judgment of the trial Court dismissed the suit. 2. The suit was filed seeking a decree for permanent injunc......ate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin and others..........Petitioners Vs. Abdul Hakim and others ......Respondents ..Category: Property Law | Date: | Hits: 19
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....is petition for leave to appeal is directed against the judgment and order dated 14.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 6049 of 2001 making the Rule absolute. 2. The plaintiffs instituted Title Suit No.116 of 1999 in the Court of Senior Assist......cord 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: 13 MLR (AD) (2008) 359. ......hree sons and two daughters who transferred the land along with other land by a Heba deed dated 16.07.1998 to the contesting defendants who are in possession through bargader. 4. The trial Court decreed the suit. The defendants preferred the appeal being Title Appeal No. 348 of 200......i, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 334 of 2006. (From the judgment and order dated 14.03.2005 passed by the High Court Division in Civil Revision No. 6049 of 2001.) ..Category: Property Law | Date: | Hits: 30
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....petition for leave to appeal is directed against the judgment and order dated 11th May, 2004 passed by a Single Bench of the High Court Division in Civil Revision No. 2939 of 1994 making the Rule absolute. 2. The plaintiff filed Other Class Suit No.215 of 1985 in the Court of Assistant Jud......to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ...... 5. The defendant Nos.1-3 contested the suit by filing written statement denying material allegation but their points of contest are similar to those of the defendant Nos.4 and 5. 6. The trial court decreed the suit. On appeal being Title Appeal No. 6 of 1990, the court of appeal allow......: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Sri Sri Hari Thakur Deb Bigraha & others ................... Petitioners Vs. Md. Abdul Hannan and others ..............................Respondents Judgment November 9, 2006. ..Category: Property Law | Date: | Hits: 96
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
.... This petition for leave to appeal directed against the judgment and order dated 15.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3768 of 1995 making the rule absolute. 2. Short facts are that the present respondent as pre-emptor filed Miscellaneous Cas......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ......ling written objection denying the material allegations made in the miscellaneous application and further contended that the pre-emptee is a co-sharer by purchase in the case holding. 4. The trial court allowed the pre-emption case. On appeal in Miscellaneous Appeal No. 24 of 1994 the app......ul Islam Bhuiyan, Advocate-on-Record -For Respondent No. 1. Not represented –Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 929 of 2005. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Civil Revision No. 3768 of 1995.) ..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....nstitution of the People's Republic of Bangladesh is directed against the judgment and order dated 14.03.2005 passed by the High Court Division in Civil Revision No. 2467 of 2002 making the Rule absolute and set aside the judgment and decree dated 20.04.2002 passed by the Additional District Jud...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......dice of petitioners denying justice; that the High Court Division has not applied judicial mind that the lower appellate Court has not given any reason whatsoever for reversing the judgment of the trial Court and such judgment being not a proper judgment of reversal to the serious prejudice of t...... (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....al, at the instance of the pre-emptee-petitioner, is directed against the judgment and order dated 23.02.2005 passed by the High Court Division in Civil Revision No. 1205 of 1994 making the Rule absolute setting aside the judgment and order dated 10.11.1993 passed by the learned District Judge, ......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......fact having considered the exhibits No. 1 to 1(jha) and in an application for pre-emption the petitioner is required to file certified copy of the disputed kabala along with the application in the trial Court but the applicant failed, to do so and hence the application for pre-emption under Sect......mad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Most. Nurun Nahar Begum................................Pre-emptee-Petitioner Vs. M. Abu Mohammad and others............................Pre-emptor-Respondents Judgment March 18, 2007...Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
..... Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 19.04.2006 passed by the High Court Division in Civil Revision No.7360 of 1991 making the Rule absolute. 2. The plaintiffs instituted Title Suit No. 254 of 1984 in the Court of Assistant Ju......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......y of possession under Section 96(9)(c) of the State Acquisition and Tenancy Act was necessary and as such they did not make any prayer to the Court for formal delivery of possession. 4. The trial Court dismissed the suit. On appeal being Title Appeal No.272 of 1986 the appellate Court all......cted by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 874 of 2006. (From the judgment and order dated 19.04.2006 passed by the High Court Division in Civil Revision N..Category: Property Law | Date: | Hits: 30
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