Search Options
Judgment Advanced Search
Displaying 4361-4380 of 5707 results.
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....e plaint stating, inter alia, that the suit is barred by limitation and not maintainable on its present form the suit land originally belonged to Majumder Estate and his father Jona Ullah and predecessor of the plaintiffs obtained settlement of the suit land along with other land from Majumder Estat......f the above, we find so subÂstance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......ecord of right has a presumptive value of its correctness. All the entry in the record of right appears in the name of the plaintiff’s predecessor Mir Box who obtained pattan from the Zaminder. The trial Court as well as the appellant Court considering all the eviÂdences on record came to a concr......V ADC (2008) 412. ..Category: Property Law | Date: | Hits: 21
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....de of Civil Procedure. 2. Facts briefly stated are that the plaintiff respondents filed Title Suit No. 347 of 2002 in the 2nd Court of Joint District Judge, Dhaka against the petitioner and some others as defendants for declaration of title, recovery of khas possession of the suit land, ......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......der Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit is barred by section 14(A) of the (Emergency) Requisition of the Property Act, 1948. The trial court rejected the petition by order dated 22.1.2004 and against this order the petition......esent: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J M/s Haque's Bay ...........................Petitioner Vs. Mrs. Jahanara Ahmed and others........Respondents Judgment April 29, 2007. ..Category: Property Law | Date: | Hits: 31
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....s petition for leave to appeal has arisen out of the judgment and order dated 13.7.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 345 of 2004 making the rule absolute and reversing the judgment and decree dated 7.10.2003 passed by the Joint District Judg......correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ......tiff-respondent. 3. The fact briefly stated is that both the plaintiff and defendant claimed that the disputed child was born of them and they are the mothers of the disputed child. The trial Court on consideration of the evidence on record concluded that the plaintiff could....... Nawab Ali, Advocate-on- Record-For the Petitioner. Abu Siddique, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1159 of 2005 (From the judgment and order dated 13.7.2005 passed by the High Court Division in Civil Revision No. 345 of 2004.) ..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....sponding to part of R.S. Plot No.2 were purchased by the plaintiff-petitioners from the defendant No.1 by a kabala No.1199 dated 13.03.1961. The plaintiff-petitioners by the above sub-kabala also acquired the right of accretion to the said purchased lands and accordingly the plaintiff-peti&......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......dents and none of the respondents had filed any cross objection as per provision under Order 41 Rule 22 of the Code of Civil Procedure, this Division modifying the judgment and decree of trial Court declaring right, title, interest in schedule property in favour of all the respondents ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Afzal Ahmed and others..........Petitioners Vs. Ayesha Khatun and others ........ Respondents ..Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
....ng the defendant No.1 from the said suit land under Section 9 of the Specific Relief Act claiming that the defendant No. 2 being the original owner by inheritance on 15.02.1988 by regisÂtered kabala sold the suit land to the plainÂtiff and delivered possession and the plaintiff used to grow drops ...... the above, we find no subÂstance 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) 392. ......er got possession, no question of dispossession arose, the suit is liable to be dismissed. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioner subÂmitted that the trial Court while decreeing the suit overlooked that the suit was under Section 9 of the Specific Re......: V ADC (2008) 392. ..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
....t in Miscellaneous (Pre-emption) Case No.191 of 1993 dismissing the pre-emption case. 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecessor of respondent Nos.2-10. Ashek Ali sold the same to respondent No.1 by two registered deeds dat...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......r his personal gain. 4. Mr. A. K. M. Shahidul Huq, learned Advocate-on-Record, appearing for the petitioner submitted that while dismissing the appeal affirming the judgment and order of the trial Court, the High Court Division failed to consider that the pre-emptor had no knowledge about......ivil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin...........................Petitioner Vs. Azizul Hussain and others........ Respondents Judgment November 6, 2007. Lawyers Involved: ..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....e schedule attached to the plaint to the plaintiff for Taka 2,00,000 and did not receive Taka 1,40,000 on executing agreement for sale as alleged by the plaintiff, on 15-8-1991, that he had also not received Taka 35,000 on January 26, 1992, that plaintiff has filed the suit on the basis of ......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......the plaintiff, on 15-8-1991, that he had also not received Taka 35,000 on January 26, 1992, that plaintiff has filed the suit on the basis of forged and fabricated agreement for sale. 4. The trial Court on consideration of the materials on record held that the defendant No.1 agreed to sell...... Md. Tafazzul Islam Amirul Kabir Chowdhury J Taher Mia (Md)...........................Petitioner Vs. Md. Bazlur Rahman Siddiki and another...............Respondents Judgment ..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
.... the deed of gift dated August 25, 1984 in favour of the defendant No.1 was forged and fraudulent and not binding upon the plaintiffs. 2. It is the case of the plaintiffs that their predecessor Bachha Mia had three wives by name, Asaba, Chunni and Parijan and said Bachha Mia had 2 sons an......h the said fact and, in that state of the matter, the suit having been decreed by the trial Court and the same having been affirmed by the High Court Division we are of the view no interference is called for with the judgment and decree sought to be appealed. It has been submitted that two of th......the execution and registration of the deed of gift. The defendant No. 5 deposed as PW 2 in support of the case as in the written statement and also prayed for saham. Defendant No. 7 died before the trial. At the trial the parties led evidence both oral and documentary. 6. The trial Court o...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respon..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... measuring 11.89 acres appertaining to DS Khatian No.1260, present Khatian Nos. 3025, 3032 and 3039, Plot No. 6752, is not at all Jalmohal (c) for declaration of their title in the suit land and also for confirmation of their possession in the suit land and also (d) for a decree for permane...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......efendant Nos. 7-10 also contested the suit by filing joint written statement contending that they are the lessees from the Government and have been possessing the suit land which is a fishery. The trial Court, after hearing, decreed the suit. Then the defendant No. 1 preferred Title Appeal No. 7......ivil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents Judgment &nb..Category: Property Law | Date: | Hits: 28
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
.... Judgment Md. Ruhul Amin J. - This petition for leave to appeal has been filed against the judgment of October 28, 2003 of the High Court Division in Civil Revision No. 5775 of 2002 making absolute the Rule obtained against the order dated September 24, 2004 (order No. 161 dated 24-9-2002)......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......e category of defendant in the suit did not spell out in what way and how presence of certain Khairunnessa is necessary for adjudication of the suit and that no reason has been assigned by the trial Court in allowing the application of Khairunnessa. The High Court Division was also of the vi......urt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Khairunnessa........................Petitioner Vs. Syed Mainul Haq and others.................................Respondents Judgment December 8, 2005. ..Category: Property Law | Date: | Hits: 33
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... took pattan of 10 acres of land appertaining to CS Plot No. 13 under CS Khatian No. 13 from Dhaka Nawab Court of Wards Estate on payment of Nazar of Rs. 510 and that the said Quijrat Ali Mollah also obtained settlement of another parcel of land measuring 10 acres appertaining to CS Plot No. 24 ...... 5 series, arrived at the correct decision holding that the plaintiffs miserably failed to prove their title to the suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) ......he plaintiffs or their predecessor did not acquire any title or interest in the suit land on the basis of the alleged settlement as the suit land was a protected forest land of the Government. The trial Court dismissed the suit holding that the plaintiffs could not prove the settlement. The plai......llate Division (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Harun-al-Rashid Mollah and others..............Petitioners Vs. Bangladesh represented by the Secretary, Mini..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....band, defendant No. 2, was untraceable since December, 1985. The plaintiff contested the above miscellaneous case asserting that summons were duly served upon the defendants and the notices were also sent upon the defendants by registered post which being refused by the defendants, according to ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......the defendant No. 2 in his presence but this OPW No. 3 did not state a single word on the service of summons on defendant No. 1 and though the records show that after the receipt of the return the trial Court fixed a date for ex parte disposal but before fixing the date, the trial Court has not ......t: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to:..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
.... Ruhul Amin J. - This appeal, by leave, is by the defendant against the judgment dated May 17, 2001 of a Single Bench of the High Court Division in Civil Revision No. 2310 of 1996 making the Rule absolute obtained against the judgment and decree dated June 27, 1996 of the Additional Court of Sub......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......1985 but later on withdrew the said suit on the ground of formal defect with the liberty to sue afresh and thereupon filed the Title Suit No.219 of 1992/39 of 1993 on August 17, 1992. 7. The trial Court decreed the suit on the findings that the suit was not barred by limitation and th......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Refer..Category: Property Law | Date: | Hits: 31
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
.... heard with Jail Appeal No. 2268 of 2001 and Criminal Appeal No. 2089 of 2001 affirming the order of conviction under section 302 of the Penal Code, modifying the sentence of death to that of imprisonment for life. 2. The petitioner was tried on the charge of killing his wife Monowara Kh......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ...... of which the case was started in Dhanut Police Station against the petitioner and others and the police after investigation submitted charge-sheet and thereafter, the case was sent for trial before the Court of Sessions and was registered as Sessions Case No. ......Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 144 of 2004. (From the judgment and order dated 7-1-2004 passed by the High Court Division in Death Reference No. 25 of 2001 heard ..Category: Criminal Law | Date: | Hits: 99
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....s seek leave to appeal against the judgment and decree dated 6-3-2005 passed by a Single Bench of the High Court Division in CR No. 908 of 2001. 2. The facts, in short, are that Md. Yusuf, predecessor of the plaintiff-respondents, instituted Title Suit No. 69 of 1996 in the Court of Senior Assist...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......of 1997 which was heard by the learned Additional District Judge, 10th Court, Dhaka who by the judgment and decree dated 25-9-2000 dismissed the appeal thereby affirmed the judgment and decree of the trial Court. 6. The defendant-petitioners being aggrieÂved moved the High Court Division under s......is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....hul Amin J. - Plaintiffs have filed this petition for leave to appeal against the judgment dated May 12, 2004 of a Single Bench of the High Court Division in Civil Revision No.1835 of 1997 making absolute the Rule obtained against the judgment and decree dated March 20, 1997 of the 3rd Court of ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......y purchased some land of plot Nos. 4344 and 4346 by kabalas dated (August 1, 1989 and September 2, 1989 is false and they have no possession in the land so claimed to have purchased. 6. The trial Court on consideration of the materials on record dismissed the suit on the finding that the ......2 BLC (AD)(2007) 18. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, prepared in the name of defendants' predecessor Abu Sufian was wrong. 2. The suit was filed stating, inter alia, that Jagadish Chandra and Ra...... the discussions made hereÂinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......ing equal share i.e. 8 annas share each, that SA and RS records were prepared correctly and that the defendants being in possession of the land in suit, the suit framed is not maintainable. 4. The trial Court decreed the suit on the findings that the suit is not barred by limitation, there was no......rted in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
....aman Tribunal on 18.08.2004 when the learned Judge made remark "You are already on bail, why you have appeared before expiry of three months, definitely you have bad intention and for that reason you have applied for certified copy which will not be supplied, where is the principal accused?...... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ......gh and the complainant has visiting relation and good terms with the said Judge for which there is apprehension in the mind of the accused petitioners that they will not get fair and impartial trial in the said Tribunal. 4. Mr. Md. Momtaz Uddin Fakir, learned Advocate, appearing for ...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abul Fazal and another…............Petitioners Vs. The State and another……....Category: Criminal Law | Date: | Hits: 31
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....the suit. 3. The suit was filed seeking ejectment of the monthly tenant i.e. the petitioner hereÂin and for recovery of rent due till disposÂal of the suit. 4. The ejectment of the tenant was sought on the ground of default in the payment of monthly rent. 5. The tenant i.e. petitioner her......ce the same does not suffer from error or infirmity calling for interferÂence by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......is pending, that there was no agreement of tenancy between the defendant and the plaintiff and as such there is no relationship of the landlord and tenant between the plaintiff and the defendant. The trial Court decreed the suit with the finding, that the defenÂdant is a tenant under the plaintiff ......ed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Muhammad Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1218 of 2007. (From the Judgment and Order dated May 23, 2007 passed by the High Court Division in Civil Revision No. 2644 of 2005). ..Category: Tenancy Law | Date: | Hits: 165
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
....zul Islam J.- This petition has been filed seeking review of the judgment and order passed by this Division on 2.4.2006 dismissing Civil Petition No. 1186 of 2004. 2. Padua Bibi, the predecessors of the petitioner Nos. 1 (Ka) to 1(Cha) along with the petitioner Nos. 2 to 5 herein fil......n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ......therein; the defendant No.1 then took initiative to evict the plaintiffs from the suit land and then they, for illegally retaining the possession of the suit land, filed the instant suit. The trial court after hearing, dismissed the suit. The plaintiffs then preferred Other Appeal No. 148 o...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Mohammad Rashid and others............................Petitioners Vs. The Head Master and Secretary Mo..Category: Property Law | Date: | Hits: 27
26312629262826272625262426212620261926172616261526142612261026082607260526042602