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Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....5 of 1986 affirming those of dated 28.1.1986 of the learned Assistant Judge, Bagerhat Sadar passed in Title Suit No. 106 of 1972 decreeing the suit. 2. Noor Mohammad Mallik, the predecessor of the respondents, instituted Title Suit No. 533 of 1968 which was subsequently renumbered as ......cord 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: IV ADC (2007) 841. ......t the suit is barred under section 66 of the Code of Civil Procedure; the plaintiff could not prove even the specific year of dispossession not to speak of the specific date but even then the trial court decreed the suit; the High Court Division failed to consider that all the documents rel...... in: IV ADC (2007) 841. ..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... Md. Ruhul Amin J.- This petition for leave to appeal is directed against the judgment dated January 28, 2004 of a Single Bench of the High Court Division in Civil Revision No. 625 of 1998 making absolute the Rule obtained against the judgment and decree dated November 13, 1997 of the 1st Court o...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......ve in the homestead of Yasin, that in Yasin's portions plaintiffs, defendant Nos. 2-10 and defendant No.1 have huts of different size, that in Khoaj's part his heirs are living. 4. The trial Court dismissed the suit with the finding that plaintiff failed to establish any case for dec......orted in: IV ADC (2007) 838. ..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
.... This Appeal, by leave, is directed against the impugned judgment and order dated 28.06.1999 passed by a Single Bench of the High Court Division in Civil Revision No. 3737 of 1995 making the Rule absolute setting aside the judgment and decree dated 23.05.1995 passed by the Subordinate Judge, 2nd ......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......f contract and lawfully reverse of the learned Subordinate Judge and as such has committed no wrong in setting aside the decree passed by the learned Subordinate Judge while restoring those of the trial Court. 9. It appears from the record that the defendant has admitted receipt of Tk. 3,......in: IV ADC (2007) 834. ..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
....ng which plaintiff would be entitled to take delivery of possession through Court. 3. The suit was filed stating, inter alia, that the land in suit belonged to Dharani Dhor and he had 2 sons, Khokan Chandra Malo and Dasharath Chandra Malo by his first wife, that Dharani Dhor's first ......hat High Court Division has committed no error in affirming the judgment of the appellate Court decreeing the suit on the finding and decision as stated hereinbefore and as such no interference is called for with the judgment sought to be appealed by this Division. Accordingly the petitio......pon mutation of their names paying rent, that plaintiff filed Miscellaneous case before the certificate officer for setting aside of the auction sale but the same was dismissed. 5. The trial Court dismissed the suit on the finding that plaintiff failed to prove his case. The plaintif...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Shirajul Islam and others….Petitioners Vs. Shoshti Rani and others......Respondents Jud..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....w days after execution of the deed Ismail Gazi died on 22-4-1939 before the "waqf deed could be registered; and after his death heirs got the waqfnama registered. Hashem Gazi, one of the sons of Ismail Gazi, got the waqf enrolled and being the eldest son became the first Mutwalli. Subs...... charity. According to them waqfnama cannot stand the test of law, as it merely sets out a family arrangement binding the property in perpetuity for the benefit and enjoyment of the heirs of the socalled wakif. In arriving as this conclusion, the learned Judges referred to the decisions of the ......ourt Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the plaintiff is the mutwalli, which was decreed by the trial Court. The decision of the High Court Division is mainly based on the finding that no valid ......ip;………..Respondents Judgment January 11, 1982. Cases Referred to: Mst. Khairunnessa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Sayeeda Khatun and others 14 DLR (Dacca) 163. Lawyers Involve..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....1968). Judgment Fazle Munim J. - This appeal arises from the judgment of a Single Judge of the High Court Division passed in Second Appeal No. 665 of 1968 on August 3, 1979. 2. The predecessor of respondent Nos. 1 to 7 instituted O.C. Suit No. 61 of 1965 for declaration that the suit land......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......as bargadar who subsequently took settlement of the said land from the landlord in 1355 B.S. Since then he has been in possession. The rent roll khatian No. 23 has been correctly prepared. 6. The trial court found title and possession in favour of the plaintiff and decreed the suit with costs ag......buddin Ahmed J Jabed Ali……………………………………………………………………………………..….Appellant Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others….……..Respondents Judgment January 5, 1982. Result: The appeal is dism..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
.... the trial cannot be concluded within the specified time the accused in the case, if he is accused of a non-bailable offence may be released on bail to the satisfaction of the court, unless for reasons to be recorded in writing, the court otherwise directs. He further submits that as this new am......ion 2 of this Act provides for appointment of Special Judges (and not Special Tribunal Judges) to try and punish offences specified in the schedule of this Act and a case triable under this Act is called a Special Case (and not a Special Tribunal Case) as written in the judgment of the High Cour......hat section 339(C) of the Code of Criminal Procedure having been amended and a new provision having been added to the effect that the proceedings cannot be stopped when the specified time for trial is over and the accused may be released from custody. The High Court Division furth......ted by Md. Ahsanullah Patwary, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 230 of 2006 (From the judgment and order dated 16.11.2005 passed by the High Court Division in Criminal Revision No. 652 of 1993.)..Category: Criminal Law | Date: | Hits: 96
Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)
....formation Report with Kotwali Police Station, District-Sylhet against the petitioner and others stating, inter-alia, that on 16.08.1999 a meeting was held to protest the death of one Raza Meah son of co-accused Zamir Ali and at about 4 to 4.30 P.M. the accused petitioners entered the house o......h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ......h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ...... Present Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others………Petitioners Vs. The State………&he..Category: Criminal Law | Date: | Hits: 44
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....l @ Sahidul Hossain Hannan seeks leave to appeal against the judgment and order dated 29.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 13882 of 2005 making the rule absolute thereby transferring the case from the court of Drato Bichar Tribunal No.1, Dhaka to Druto ......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......harge sheet against the accused petitioner and others under Sections 326/302/109/34 of the Penal Code on 16.03.2005.The Government by notification in the official gazette transferred the cases for trial before the Druto Bichar Tribunal No.1, Dhaka. &......ah, Deputy Attorney General, with him) instructed by A. S. M. Khalequzzarman, Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 60 of 2006 (From the judgment and order dated 29.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 13..Category: Criminal Law | Date: | Hits: 64
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Abul Hossain and Brothers, 16/E, Chota Katara (Near Chawk Bazar) Dhaka…...Petitioners Vs. Rupali Bank Limited, Johnson Road, Dhaka and others......Respondents Judgment December 10, 2006. Result: Th......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... arising out of interest. But the plaintiff-Bank without considering the application of the defendants instituted the said Title Suit No. 120 of 1997 by suppressing the actual fact. 4. The trial Court upon hearing the parties dismissed the suit by judgment and decree dated 17-08-2004 an...... Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Abul Hossain and Brothers, 16/E, Chota Katara (Near Chawk Bazar) Dhaka…...Petitioners Vs. Rupali Ba..Category: Banking Law | Date: | Hits: 85
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....awazima on 19.07.2001 allowing 3 weeks time for compliance with a default order that for non compliance, the appeal shall stand dismissed. The order passed by the lawazima Bench on 19.07.2001 was also not complied with and the office recorded a note on 02.09.2001 that the appeal stood dismissed fo......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......ted papers. 4. The learned Single Bench further held that the original suit was one under section 77 of the Registration Act for registration of the disputed document which was dismissed by the trial court on the ground that there was no material on record to indicate that any appeal was filed......K. Saha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 938 of 2005 (From the judgment and order dated 19.03.2005 passed by the High Court Division in S.A. No. 302 of 1979). Judgment ..Category: Procedural Law | Date: | Hits: 97
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....are of 25 decimals of land for his daughters namely Bashiron, Apon and brother Tilumuddin.Thereafter, Apon died leaving her husband Tomizuddin and sister Bashiron; that Tomizuddin and Boshiran then sold their shares (13+4 1/3) to defendant No.3; Tilumuddin sold his share (25+8 1/2 ) to his ......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......ffs have no right, title and interest over the suit land and they brought the suit upon false averments and as such the suit is liable to be dismissed. 4. Upon hearing the parties, the trial Court dismissed the suit by judgment and decree dated 10-10-2000 and against which the plaint......hellip;……………………………………………Petitioner Vs. Md. Abu Bakar Siddique Khan and others......Respondents Judgment July 11, 2006. Lawyers Involved: M..Category: Property Law | Date: | Hits: 33
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
....e. Both the parties’ adduced evidence in the miscellaneous case and the trial court dismissed the case. On appeal, being miscellaneous Appeal No.16 of 1994, the appellate court upon hearing also dismissed the miscellaneous appeal. Thereafter, the petitioner moved the High Court Division in ...... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......esence of Mukabela witnesses and as such the petitioner was aware institution of the suit and he date of ex-parte decree. Both the parties’ adduced evidence in the miscellaneous case and the trial court dismissed the case. On appeal, being miscellaneous Appeal No.16 of 1994, the appellate ...... Lawyers Involved: Abul Quasem, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 1368 of 2004 (From the judgment and order dated 24.04.2004 passed by the High Court Division in Civil Revision No. 4787 of 1997). ..Category: Property Law | Date: | Hits: 24
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
.... of the defendant petitioner Mst. Mariam Bibi this petition has been preferred against the judgment and order dated 21.01.2004 passed by a Single Bench of the High Court Division making the rule absolute. 2. The respondent Nos.1 to 3 as plaintiffs instituted Title Suit No. 7 of 1989 in th......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......that the plaintiffs failed to pay the salami and so their settlement has been cancelled legally and that the defendant Nos. 4 and 5 purchased portion of the suit plot in auction. 4. The trial court by the judgment and decree dated 31.03.1991 decreed the suit. The defendants preferred ...... Appellate Division (Civil) Present Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mst. Mariam Bibi.............. Petitioner Vs. Shiraj Madbar and others.........Respondents Judgment August 1, 2006. Lawyers Involved: ..Category: Property Law | Date: | Hits: 25
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....4,191.00 against the defendant appellants towards compensation on the averments that they obtained loan from Bangladesh Shilpa Bank to set up an industry for manufacturing electric bulbs and they also obtained loan of Tk. 1,50,00,000/- from the defendant No.1 against pledge and also another loan ......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......rdingly after lapse of six years they cannot seek local investigation when the value of machinery and stock has admittedly deteriorated and the High Court Division fell in error in holding that the trial court properly exercised its discretion. 4. As it appears the High Court Divisio...... ..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
.... having found prima-facie case against the employees of the defendant No.1 submitted report for prosecution and the case was submitted to the Narayanganj Magistrate for trial, that the matter was also investigated by the Department of Shipping and report was submitted on August 25, 1986 with the......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......hy;tion. Investigating Agency having found prima-facie case against the employees of the defendant No.1 submitted report for prosecution and the case was submitted to the Narayanganj Magistrate for trial, that the matter was also investigated by the Department of Shipping and report was submitted...... Reported in: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....ssessment of the evidence and materials on record having found that the condemned petitioner along with accused Rokeya Begum on 16.6.2000 at about 8.30 P.M. by way of pressing the mouth and also by throttling, killed deceased Surja Begum on the sugarcane field of Jaber Molla situated o......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... Lawyers involved: Sarwar Ahmed, Advocate-For the Jail Petitioner. Golam Kibria, Deputy Attorney General-for the State. Jail Petition No. 4 of 2005 (From the judgment and order dated 16.5.2004 passed by the High Court Division in Death Reference No. 34 of 2001, Jai..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....ioner before the High Court Division, while serving as Assistant Adjutant of Answers was declared surplus in the light of the report of the Enam Committee and thereupon he was nominated for absorption in the National Board of Revenue either as Income Tax Inspector or Customs Inspector and u...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......cedural law an accused has no vested right and the proceeding against the accused would be preceded as per provision of law as on the date of initiation of the proceeding as well as on the date of trial. In that regard the learned Additional Attorney General has referred to the case of A.K.M. ......he State..........................Appellant Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 1..Category: Criminal Law | Date: | Hits: 48
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
.... with Death Reference No. 50 of 2002). Judgment Md. Hassan Ameen J. - This petition for leave to appeal as well as Jail Appeal Preferred by condemned-prisoner, Paritosh Rudra, is directed against the judgment and order dated 18-07-2004 passed by a Div......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ...... is total denial and his case, inter-alia, is that he is not responsible for, nor connected with the murder but has been falsely implicated in the case out of grudge and enmity. 7. The trial court in consideration of the evidence on record as well as facts and circumstances of t......rd-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 307 of 2004. with Jail Petition No. 02 of 2005. (From the judgment and order dated 18-07-2004 passed by the High Court Division in Jail Appeal No. 615 of 2002 with De..Category: Criminal Law | Date: | Hits: 43
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....denying the plaintiffs' case stating inter alia, that the plaintiffs though received the rents from the defendants in time but were in the habit of not issuing rent receipt and the plaintiffs took some money as loan from defendant No.2 and the defendant No. 2 used to write it in a account book ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......posited the rent to the rent controller on 19.02.1995 in rent deposit Case No. 6 of 1995 and that till today petitioners are regularly depositing the rent in the said rent deposit case but the trial Court without considering the exhibit and oral evidence illegally decreed the suit by misrea......ed in: IV ADC (2007) 691. ..Category: Property Law | Date: | Hits: 35
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