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Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
.... and 3 Hamida Khatun and Monowara Khatun in the first part of 1353 B.S. The deed of settlement was granted in the name of the defendant No.1. The rent receiving interest of Noresh Chandra Basu was sold in auction under Act No.11 of 1959 and it was auction purchased by Mongla Proshad Chowdhury wh......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) 332. ......nd 08.09.1990 in favour of the defendant No. 12 who got his name mutated in Mutation Case No.223/90-91 and paid rent. The plaintiffs have got no title and possession in the suit land. 5. The trial court on consideration of the materials on record decreed the suit. On appeal in Title Appeal......;……...Petitioners Vs Md. Abdul Aziz & others ..............................Respondents Judgment May 14, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. ..Category: Property Law | Date: | Hits: 23
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
..... Ruhul Amin J. - This petition for leave to appeal has been filed against the judgment dated April 26, 2005 of a Single Bench of the High Court Division in Civil Revision No. 971 of 2003 making absolute the Rule obtained against the judgment and decree dated January 13, 2003 of the 2nd Court of...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ......ssistant Judge by the aforesaid judgment decreed the suit i.e. allowed the prayer for pre-emption sought under the Muslim law. The appellate Court upon allowing the appeal sent back the suit to the trial Court for enabling the plaintiff to deposit the kabala money and further to enable the parti...... (2008) 318. ..Category: Property Law | Date: | Hits: 25
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....Assistant Judge, Sadar, Manikganj in Title Suit Nos. 82 of 1991 and 102 of 1990. 2. The trial Court by the aforesaid judgment and decree dismissed the Title Suit No. 82 of 1991 and also dismissed the Title suit No.102 of 1990. &nb......f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......peals and thereby affirming the judgment and decree dated March 31, 1993 of the Court of Assistant Judge, Sadar, Manikganj in Title Suit Nos. 82 of 1991 and 102 of 1990. 2. The trial Court by the aforesaid judgment and decree dismissed the Title Suit No. 82 of 1991 and also d...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shawkat Ali Khan being heirs, Khan dead his Haider Ali and others……… Petitioners Vs. Ahmed Ali and others …&helli..Category: Property Law | Date: | Hits: 21
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
....Agricultural Tenancy Act stating, inter alia, that the case land situated at C.S. Dag No. 1006 was owned by Hanif Faruk Ansari; the S.A. record contained 13 decimals of land of the above dag and also other land of the Jote; Hanif Faruk Ansari died leaving opposite party Nos. 2-15 who, on 20.1.19...... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ......their favour on 4.4.95, so because of the provisions of clause (a) of sub-section II of section 24 of the Non-Agricultural Tenancy Act, 1949 the preemption case is not maintainable and so the trial court committed error in holding that “ buniadi shariker birudhe preemption dayerer khet...... Ruhul Amin J Md. Tafazzul Islam J Md. Babar Ali……………………………..Petitioner Vs. Md. Shamsul Alam and others .......Respondents Judgment April 16, 2006. Case Referred To- ..Category: Property Law | Date: | Hits: 30
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ul Amin J.- This petition for leave to appeal has been filed against the judgment dated March 27, 2005 of a Single Bench of the High Court Division in Civil Revision No. 5059 of 1998 making absolute the Rule obtained against the judgment and order dated September 10, 1998 of the 3rd Court o......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ...... Tenancy Act, 1949 since the transaction sough to be pre-empted is an exchange. It was also the case of the pre-emptee that the Miscellaneous Case was hopelessly barred by limitation. 4. The trial Court dismissed the Miscellaneous case on the finding that the Miscellaneous Case was hopeles......s also Reported in: V ADC (2008) 307 ..Category: Property Law | Date: | Hits: 20
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....over the possession of the Bazar and evicting the plaintiffs and other businessmen and demolishing the Bazar. 3. The case of the plaintiff-petitioners is that the suit Bazar was established sometime in 1990 in the land of a private person and the then Mayor of Khulna City Corpor......ct 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) 304. ......nbsp; 4. The trial court dismissed the suit. Thereafter on appeal by the plaintiffs the appellate Court below d...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Robiul Islam and others....... Petitioners Vs. Secretary, Ministry of Land, Bangladesh Secretariat..Category: Property Law | Date: | Hits: 25
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....d January 17, 2004 of a Single Bench of the High Court Division rejecting the application seeking review of the judgment dated May 5, 2003 in Civil Revision No. 8766 of 1991 making the Rule absolute upon setting aside the judgment and order dated March 11, 1989 of the Court of Subordin......ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......Miscellaneous Appeal No. 11 of 1984 whereby judgment and order dated January 15, 1984 of the Court of Munsif (now Assistant Judge), Nawabganj in Miscellaneous Case No. 84 of 1980 was set aside. The trial Court by the aforesaid judgment allowed the prayer for pre-emption sought under section ......: V ADC (2008) 296. ..Category: Property Law | Date: | Hits: 23
S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
....5 in the Court of 4th Assistant Judge Dhaka seeking declaration that the order dated 7.7.1993 passed by the defendants-respondents discharging the petitioner from his service is illegal, void and also seeking reinstatement in his service with all arrear benefits on the averments that the responde......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......regard to his past long service the respondent No. 1, by order dated 7.7.1993, instead of dismissing the petitioner, discharged him from service so that he could get some service benefits. The trial court decreed the suit. Being aggrieved the respondent No.2 preferred Title Appeal No. 266 of...... M.M. Ruhul Amin J Md. Tafazzul Islam J S.M. Nurul Islam……………………Petitioner Vs. Padma Oil Company Limited and others…………….....Respondents Judgment Novembe..Category: Employment/Service Law | Date: | Hits: 61
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
....azlul Karim J.- This petition for Leave to Appeal is directed against the judgment and decree dated 04.07.2005 passed by the High Court Division in Civil Revision No. 171 of 2000 making the Rule absolute setting aside the judgment and decree dated 18.08.1999 passed by the Additional District Jud...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......at the plaintiff has to prove his case and in the present suit the plaintiffs having not proved their title over the suit property are not entitled to get any relief in the suit but the trial Court as well as the revisional Court committed error of law in decreeing the suit and ......DC (2008) 289. ..Category: Property Law | Date: | Hits: 24
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....n J.- This petition for leave to appeal arises out of the judgment and order dated 5.5.2003 passed by a Single Bench of the High Court Division in Civil Revision No. 2469 of 2000 making the rule absolute and thus dismissing the Title Suit No. 27 of 1998 filed by the plaintiff petitioner which wa......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......h of the High Court Division in Civil Revision No. 2469 of 2000 making the rule absolute and thus dismissing the Title Suit No. 27 of 1998 filed by the plaintiff petitioner which was decreed by the trial court as well as by the appellate court below. 2. The short f...... Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Joynul Abedin J Md. Serajul Islam…………..Petitioner. Vs. Shaikh Hayet Ali and others......Respondents. Judgment March 14, 2007. Lawyers Involved: ..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
.... suit. 4. The suit was contested by the defendant No. 2 alleging that the decree obtained in Title Suit No. 198 of 1970 was fraudulent one and that the same was filed impleading dead persons and that the appellant obtained the compromise decree therein showing dead persons ......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......owner Sreenath Chatterjee died on July 24, 1947 and as such decree obtained in Title Suit No. 198 of 1970 showing said Sreenath Chatterjee as party to the compromise was illegal. 5. The trial Court on consideration of the materials on record held that plaintiff acquired title in ......pellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Md. Hassan Ameen J Matiar Rahman being dead his heirs: Shahajada Hossain Mallik and others..... Appellant Vs. Assistant Custodian of Enemy Property Lands and Buildin..Category: Property Law | Date: | Hits: 34
Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)
....stance of his enemies. 4. The learned Additional Sessions Judge by judgment and order dated 10.03.1992 convicted petitioner under Section 302 of the Penal Code and sentenced him to imprisonment for life and fine of Tk. 5,000/- in default, to suffer rigorous imprisonment for two years ......judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ......olice investigated the case and submitted charge sheet on 08.02.1990 against the petitioner and co-accused Abdul Jalil under Section 364/302/201 of the Penal Code. 3. The case being sent for trial, the learned Sessions Judge Bogra on 23.05.1990 framed charges against them under Sections 3......instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No. 102 of 2004. (From the judgment and order dated 09.02.2003 passed by the High Court Division in Criminal Appeal No. 06 of 1998). ..Category: Criminal Law | Date: | Hits: 39
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
.... Court Division in Suo Moto Rule No. 3196 of 2005 issued in Criminal Appeal No. 3128 of 2004 against the petitioner, the Investigating Officer in the case, Md. Rezaul Karim, making the Rule absolute directing for taking stern action against him. 2. Short fact leading to the filing of......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) 266. ......and not deliberately. Further, the charge sheet was not the conclusive evidence for a wrong person to be convicted. If the prosecution seriously took steps to show before the Magistrate or the trial court that Shah Alam Babu was being prosecuted on the basis of mistaken identity conviction o...... Chowdhury J Md. Joynul Abedin J Md. Rezaul Karim………….............Petitioner Vs. The State represented by the Deputy Commissioner, Dhaka and others ......Respondents Judgment February 1st, 2007. Lawyers Involv..Category: Criminal Law | Date: | Hits: 38
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....ode and sentencing him to death in Sessions Case No.44 of 1999 by the judgment and order dated 28-07-2002 and the appeals (one regular appeal and one jail appeal) were preferred by the condemned-prisoner against the said judgment and order of conviction and sentence. The Reference and appeals we......) Shahnaj Parvin Meghana was sitting with her sons and niece on the stair of the east facing dwelling hut of their house at village Alokdia, condemned-prisoner Md. Abdur Rahim alias Panta came and called away her son, the deceased (Mostafa Kamal alias Mithu) towards south on the plea of giving h......d charge sheet against the condemned-prisoner since prima-facie case was made out against him under Section 302 of the Penal Code. 4. The case record ultimately came to the file of the trial Court (Additional Sessions Judge) who on the basis of materials on record framed charge unde......ioner. Probir Neogi, Advocate, instructed by Md. Sazzadul Huq, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 253 of 2004. (From the judgment and order dated 10-03-2004 passed by a Division Bench of the High Court Division in Death Referenc..Category: Criminal Law | Date: | Hits: 44
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....passed by a Single Bench of the High Court Division in Criminal Revision No. 244 of 2002 discharging the Rule with modification of sentences reducing to 1(one) year from 2 (two) years rigorous imprisonment with fine of Tk. 500/-, in default, to suffer simple imprisonment for 15 (fifteen) days mor......ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ......nt with fine of Tk. 500/-, in default, to suffer simple imprisonment for 15 (fifteen) days more instead of Tk. 3,000/-, in default, to suffer simple imprisonment for 3 months more as passed by the trial Court and affirmed by the judgment and order dated 24-03-2002 passed by the Additional Sessio......instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No.322 of 2007. (From the judgment and order dated 29-01-2007 passed by the High Court Division in Criminal Revision No. 244 of 2002)..Category: Criminal Law | Date: | Hits: 45
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
.... Mother and Child Care Center. It further appears that there is no allegation to the fact that the informant opposite-party ever did not comply with the advice/direction of Dr. Hafizur Rahman. It also appears that the informant opposite-party No. 2 went to the aforesaid Mother and Child Care Cent......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......een framed. 6. An accused may invoke the jurisdiction of the High Court Division under Section 561A of the Code of Criminal Procedure, if, he can make out a case of quorum non-judice of the trial Court or that the facts alleged do not constitute any criminal offence. The High Court Divisi......urt Appellate Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Dr. Hafizur Rahman and another ………………Petitioners Vs. The State..Category: Criminal Law | Date: | Hits: 42
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....nearly complete the defendant-respondent and defendant No.2 claimed that they were the owners of the suit property by virtue of a deed of exchange and started disturbing the construction work and also threatened with dispossession openly declaring that they wouldn't let the plaintiff-petitioner ......osal of the rule. 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) 255. ......so filed an application for temporary injunction for restraining the defendant-respondent and others from interfering with peaceful possession of the plaintiff petitioner in the suit property. The trial court granted temporary injunction on 4.5.2003 but the same was subsequently vacated by order...... Civil Petition for Leave to Appeal No.1416 of 2005. (From the judgment and order dated 31.8.2005 passed by the High Court Division in Civil Revision No.3530 of 2005).&nbs..Category: Property Law | Date: | Hits: 43
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
.... petition for leave to appeal has arisen out of the judgment and order dated 26.6.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 6589 of 2002 making the rule absolute thereby reversing the judgment and order dated 21.10.2002 passed by the Joint District Judge......orrect 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) 252. ......the pre-emption case by filing a joint written objection contending, inter alia, that the case was barred by limitation and principle of waiver and was bad for defect of parties. 7. The trial Court after hearing the parties allowed the pre-emption case by a judgment and order dat......azlul Karim J Md. Joynul Abedin J Md. Abdul Karim ……………………………..Petitioner Vs. Md. Nurul Islam and others ...................Respondents Judgment May 16, 2007. Lawyers Invo..Category: Property Law | Date: | Hits: 20
Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....e schedule of the Miscellaneous Petition stating, inter alia, that he is a co-sharer of the case land by purchase vide kabala dated 29.05.1973 and the pre-emptee is a stranger purchaser. The seller sold the case land by impugned kabala dated 17.12.1997 to the pre-emptee beyond his knowledge and w......t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ...... of taka over one lac and has been living in the said dwelling house with other members of his family by paying rents and taxes to the Municipality and also by running a shop therein. 4. The trial Court dismissed the case holding that the case was not maintainable under Section 96 of ......y Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-6. Civil Petition for leave to Appeal No. 395 of 2006. (From the judgment and order dated 08.08.2005 passed by the High Court Division in Civil Revision No. 2920 of 2002). ..Category: Property Law | Date: | Hits: 25
Sanat Kumar Dhar and others Vs. Aminul Haque and others, 2006, 35 CLC (AD)
....dditional Court of Senior Assistant Judge, Mymensingh in Other Class Suit No.70 of 1992 decreeing the same. The High Court Division by the judgment as mentioned hereinbefore upon making the Rule absolute reversed the judgment of the appellate Court. 2. The suit was filed seeking dec......fresh. Since the grounds taken in the review petition in no way are the grounds of review of a judgment, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 248. ...... hereinbefore upon making the Rule absolute reversed the judgment of the appellate Court. 2. The suit was filed seeking declaration of title recovery of khas possession. 3. The trial Court decreed the suit as mentioned hereinbefore and on appeal the judgment of the trial...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Sanat Kumar Dhar and others …………………………..Petiti..Category: Property Law | Date: | Hits: 24
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