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Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
.... the plaint stating, inter alia, that the suit land belonged to one Jagannath Mondal and the S.A. Khatian was correctly prepared and published in his name. Jagannath Mondal died leaving behind four sons and by amicable partition his son Adhor Mondal got the suit land. Adhor Mondal died leaving b...... is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ......our of two other persons with a condition of reconveyance. The suit land was subsequently reconveyed accordingly. The suit land was under possession of the defendants since 1973. 4. The trial court decreed the suit. On appeal being Title Appeal No.302 of 1993, the court of appeal allo......d: Syed Mahbubur Rahmen, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 918 of 2005. (From the judgment and order dated 08.05.2005 passed by the High Court Division in Civil Revision No. 3794 of 2000). ..Category: Property Law | Date: | Hits: 32
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
....Md. Tafazzul Islam J. - This petition for leave to appeal arises out of judgment dated 4.1.2005 passed by a Single Bench of the High Court Division in Civil Revision 3313 of 1999 making absolute the Rule which was obtained against the judgment and decree dated 19.8.1999 passed by the l...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 239. ......ute. 3. The learned counsel for the plaintiff petitioner submits that the plaintiff being in possession within the fixed boundaries and also led evidence, both oral and documentary, the trial court decreed the suit and the High Court Division acted illegally in deciding the posse...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Ziarat Hossain ………………Petitioner Vs. Md. Jaher Ali and others…………….........Respondents Judgment Augu..Category: Property Law | Date: | Hits: 44
Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)
....ffs alleging, inter alia, that the land appertaining to C.S. Khatian No. 320, S.A. Khatian No. 402, Plot No. 193 measuring an area of 26 decimals of mouza Ahammadabad belonged to Keshob Chandra who sold .7½ decimals in favour of Bachiruddin and others. Keshob Chandra also sold .7&fra......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) 237. ......re the inhabitants of Bangladesh. Taposh and others were present at the time of registration of the deed. The deed in question was found valid in preemption case No. 149 of 1988. 4. The trial Court dismissed the suit. On appeal in Title Appeal No. 36 of 1999 the appellate Court allowe......ocate (with M. Nurul Amin, Advocate) instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 835 of 2005. (From the judgment and order dated 19.03.2005 passed by the High Court Division in Civil Revision No.1386 of 2002). ..Category: Property Law | Date: | Hits: 26
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....imkhana declaring Mostafizur Rahman as the Motwalli. Land from Plot No. 467 was given for mosque, land from Plot No. 466 was given for building shops rent of which will be the source of income for the Mosque, Madrasha and Etimkhana and land fro......ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......stafizur Rahman being the Mutwalli having been clearly stated in the plaint and he having filed the suit in the name of Wali Mia Sodagar Jame Masjid and Madrasha as its Mutwalli the finding of the trial Court that nothing is said in the plain about waqf before and amendment would give rise to ne......in: V ADC (2008) 234. ..Category: Property Law | Date: | Hits: 35
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
....l No. 103 of 1997 dismissing the appeal affirming those dated 19.02.1997 passed by the Second Additional Court of Subordinate Judge, Sylhet in Title Suit No. 8 of 1978. 2. The predecessor of the respondents as plaintiff on 12.09.1973 filed the Title Suit No. 223 of 1973 (renumbered ...... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ......7. The learned Advocate for the petitioner submits that the High Court Division did not consider the submission made by the learned Advocate of the petitioners that the record shows that the trial Court while recording depositions of the plaintiff witnesses did not mark and endorse o......V ADC (200) 231. ..Category: Property Law | Date: | Hits: 29
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... in the kabala in case of repayment of the money received on the execution of the kabala within the month of Magh 1346 B.S. possession of the land would be made over to the vendor i.e. predecessor of the plaintiffs and that in case of failure on the part of the vendor to get the land re-conv...... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......tiffs withdrew the same, that the kabala has been prepared in the name of the defendant within the knowledge of the plaintiffs and the defendant is possessing the land on payment of rent. The trial Court decreed the suit on the finding that the rent suit was not a genuine one and that ....... ..Category: Property Law | Date: | Hits: 37
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
....nd the name of aforesaid Sultan Ahmed was mutated in the records of Dhaka Improvement Trust and that the aforesaid Sultan Ahmed died leaving behind the petitioner Nos.1 to 4 as his successor-in-interest and that they have been in possession of the property peacefully and that they...... learned Counsel for the petitioners referring to an office note of DIT/RAJUK dated 15.09.1972 submits that the aforesaid power of attorney along with other papers was filed before DIT (RAJUK). We called for the records from the office of RAJUK. On perusal of the records it appears that on vario...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ...... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Nazma Ahmed and others………...........Petitioners Vs. Bangladesh represent..Category: Property Law | Date: | Hits: 27
Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)
....bsp; Md. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment dated April 6, 2005 of a Single Bench of the High Court Division making the Rule absolute obtained against the judgment and decree dated July 22, 1990 of the Court of Subordinate Jud......ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ......d but in exchange thereof he got land in another mouza and leaving there by erecting hut, that plaintiff’s assertion that R.S. and S.A. record were wrongly prepared not correct. 6. The trial Court decreed the suit as stated hereinbefore. The plaintiff preferred appeal taking exc......ADC (2008) 211. ..Category: Property Law | Date: | Hits: 27
Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)
....ition for leave to appeal has been filed by the defendant-petitioner against the judgment order dated 15th June, 2005 passed by High Court Division in Civil Revision 5028 of 2003 making the Rule absolute reversing the judgment and decree dated 29-03-2003 passed by the District Judge, 1st C......th. 6. We have heard the learned Advocate for the petitioner and perused the petition so filed and reasons to believe that there is no substance in the matter and as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed...... dated 24-05-2001 passed by a Senior Assistant Judge, Saturia, Manikganj in Title Suit No.91 of 1999 dismissing the same. 2. The Case of the petitioner (opposite-party-plaintiff) before the trial Court was that he (plaintiff) instituted Title Suit 91 of 1999 in the Court of Senior ...... Md. Hassan Ameen J Md. Baki…………………………………….Petitioner Vs. Md. Fazlul Haque and others.........Respondents Judgment May 28, 2007. Lawyer Involved: ..Category: Property Law | Date: | Hits: 22
Delwar Hossain Vs. State, 2007, 36 CLC (AD)
....ned Additional District Judge, Munshigonj in Sessions Case No. 15 of 2000 convicting him (petitioner) under Section 395 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for 10 (ten) years. The High Court Division reduced the sentence of imprisonment from 10(te...... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ......nally submitted charge sheet against the accused-petitioner since prima-facie case was found against him under section 395/397 of the Penal Code. 4. The case came to the file of the present trial Court, who on the basis of materials available on record, framed charge against the accused-p...... Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No. 485 of 2006. (From the judgment and order dated 22-08-2006 passed by the High Court Division in Criminal Appeal No. 1429 of 2004)...Category: Criminal Law | Date: | Hits: 43
Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)
....rrence when P.W.1, informant Golam Mostafa and other inmates of his house were sleeping in different rooms 8-10 dacoits armed with deadly weapons entered into his room and demanded his gun. They also forced him to call all the inmates to his room. The dacoits then entered all the other rooms, as......appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ......for life as well as to pay a fine of Tk.5,000/- each with default clause as mentioned above and the rest of the accused were found not guilty to the charge leveled against them and accordingly the trial court acquitted them of the charge. 7. Mr. Md. Nawab Ali, the learned Advocate-on-Rec...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Joynul Abedin J Saiful Islam Shaikh and another…….....Petitioners Vs. The State, represented by the De..Category: Criminal Law | Date: | Hits: 32
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....rned Divisional Special Judge, Khulna passed in Special Case No. 33 of 1997 convicting both the petitioners under section 409/109 of the Penal Code and sentencing them to suffer rigorous imprisonment for 3 (three) years and also to pay fine of Tk. 1,21,000/- and in default to suff......fessional statement admitted that at the time of payment, Abul Hossain Shah, Deputy Director of the Bangladesh Bank, who has also been convicted, came with the party when the token number was called on and he disclosed that the party as his friend and Abul Hossain Shah previously also ...... charge sheet against the petitioners and other accuseds. 4. The learned Senior Special Judge, Khulna after taking cognizance of the case sent it to the Divisional Special Judge, Khulna for trial who framed charges against the petitioners and others under section 409/467/468/471/472/109 o......resent: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mirza Saifuddin Hasan.......... Petitioner (In Criminal Petition No. 117 of 2004) Sheikh Abul Hossain and others......Petitioners (In Criminal Petition No. 118 of 2004) Vs. The State.......Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....entence dated 20.9.2000 passed by the learned Divisional Special Judge, Khulna in Special Case No. 33 of 1997 convicting the petitioner under section 409/109 of the Penal Code to suffer rigorous imprisonment for 3 (three) years and also to pay fine of Tk. 1,21,000/- and in default to suffer simp......his confessional statement admitted that at the time of payment, Abul Hossain Shah, Deputy Director of the Bangladesh Bank who has also been convicted, came with the party when the token number was called on and he disclosed that the party is his friend and Abul Hossain Shah previously also inti......charge sheet was submitted against the petitioner and other accused. 4. The learned Senior Special Judge, Khulna took cognizance of the case and sent it to the Divisional Special Judge, Khulna for trial who, after hearing, framed charge against the petitioner and others under section 409/467/468/......order dated 25.8.2003 passed by the High Court Division in Criminal Appeal No. 2438 of 2000). Judgment Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order of conviction and sentence dated 25.8.2003 passed by the High Court Division in Criminal..Category: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....tion for leave to appeal is against the judgment dated January 13, 2004 of a single Bench of the High Court Division in Civil Revision No. 744 of 1997 making the Rule absolute upon setting aside the judgment and decree dated July 6, 1996 of the 3rd Court of Subordinat......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ......he re-emption case, that no fraud was committed in obtaining the order in the Miscellaneous case and that the judgment and order passed in the Miscellaneous case is quite legal. 4. The trial Court decreed the suit on the finding that the plaintiffs have been able to establish their c......Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Serajul Hoque Majumder.....Petitioner Vs. Bachchu Mia Mojumder and others....Respondents Judgment August 20, 2006. Lawyers Involved: Shaha..Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....cultivation was stopped he went back to England and then Rakhal Chandra Ghosh and others, the landlords, took back the khas possession of the suit land; Rakal Chandra Ghosh died leaving behind son Satish Chandra and wife Shaila Bala; Ratikanta, another co-sharer landlord, also died leaving ......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......ormer Chairman of the local Union Council and Sahidul Islam and Bazlur Rahman have also been possessing a portion of the suit land by taking lease from the Chairman of the local Union Council. The trial court after hearing dismissed the suit. The petitioners then filed appeal and the learned Sub...... Case is also Reported in: IV ADC (2007) 964. ..Category: Property Law | Date: | Hits: 30
Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)
....The defendants filed a petition seeking injunction against the plaintiffs for restraining them from changing the nature and character of the land in suit by dispossessing the defendants and also for restraining the plaintiffs from transferring the land in suit elsewhere. 3. The suit ......of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......Additional District Judge, Sylhet in Miscellaneous Appeal No. 7 of 2004 affirming the order dated January 1, 2004 of the 2nd Court of Joint District Judge, Sylhet in Title Suit No. 237 of 2003. The trial Court by the aforesaid order allowed the prayer for temporary injunction made by the plaintif......so Reported in: IV ADC (2007) 961. ..Category: Property Law | Date: | Hits: 29
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
....sed the land on payment of rent to the Government, that Manada Chandra Ghosh possessed the land to the knowledge of every body including Nagesh Chandra Ghosh, that Manada Chandra Ghosh died leaving son by name Madan Chandra Ghosh and wife Parul Bala and they possessed the land in suit, that Madan...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......ugust 14, 1962 and the kabala dated January 31, 1985 is collusive and forged, that the plaintiffs and their vendors have and had no right, title and interest in the land in suit. 5. The trial court decreed the suit on the finding that the plaintiffs were successful in establishing the......in: IV ADC (2007) 958. ..Category: Property Law | Date: | Hits: 25
Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
....endant filed written statement need not be narrated in details. Facts, in short, are that land in suit belonged to Golam Ali. He died leaving his 2nd wife and 3 daughters, that Golam Ali had a son by name Baksha who predeceased his father leaving 2 daughters, that Golam Ali's 1st wife havin......f 2.31 acres. 5. We have heard the learned Advocate-on-record. Although the learned Advocate-on-record took exception as to the nature of the judgment of the High Court Division but while we called upon the learned Advocate-on-record to show from the appellate Court's judgment that the sa...... No. 19 of 1992. It may be mentioned the plaintiffs filed suit seeking partition of the land in suit claiming saham for 2.37 acres. The appellate Court upon modifying the judgment and decree of the trial Court reduced the share of the plaintiffs to 2.31 acres. The appellate Court dismissed the T...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Abed Ali being dead represented by his heirs:Abul Hossain and others..........Petitioners (In all cases) Vs. Sona Mian and others................Category: Property Law | Date: | Hits: 19
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....ssir Husain CJ. - This appeal by leave is directed against the judgment and order dated 10-06-1997 by a Single Bench of the High Court Division in Civil Revision No. 376 of 1991 making the Rule absolute by setting aside the judgment and decree dated 20-09-1999 passed in Title Appeal No. 24......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ....... Leave was granted to consider the following ground: "Because the learned Single Judge of the High Court Division erred in law in reversing the concurrent findings of the learned trial Court as well as the appellate Court, based on due consideration of the evidence on reco......ad Fazlul Karim J Amirul Kabir Chowdhury J Shaikh Md. Asad Hossain...........Appellant Vs. Maulana Md. Abdur Razzaque Chisty being dead his heirs: 1. Mommat Hasina Begum and others...........Respondents Judgment August 26, 2005. Lawyers Involved: ..Category: Property Law | Date: | Hits: 24
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
....Title Suit No. 97 of 1997 praying for partition of the land of Khatian No. 710 stating, inter alia, that 12 acres of land in C.S. Khatian No. 710 belonged to one Khabir Uddin after whose death his son Mofizul Hoque and two daughters and one wife inherited the property and in view of subsequent t......urt Division committed error of law in not holding that the plaintiff petitioner's mother transferred the suit property by the executing and registering the deed of gift and as such interference is called for. 12. He further submits that the trial court being court of first instance consi...... Lakshmipur and the said appeal was heard by the learned Joint District Judge, 2nd Court, Lakshmipur who by the judgment and decree dated 26.11.2001 set aside the judgment and decree passed by the trial court and allowed shah am of 1.05 decimals of land in favour of the plaintiff petitioner...... Mahbubur Rahman, Advocate-on-Record-For Respondent Nos. 1-6 (In both the cases). Not represented - Respondent Nos. 7-39 (In both the cases). Civil Petition for Leave to Appeal Nos.1259 and 1260 of 2004. (From the judgment and order dated 27.07.2004 passed by the High Court Divi..Category: Property Law | Date: | Hits: 24
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