Search Options
Judgment Advanced Search
Displaying 4481-4500 of 5707 results.
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
.... Rajshahi Sadar for a declaration that the plaintiff was the only legally married wife of late Alhaj Faruque Hossain till his death stating, inter alia, that she married late Alhaj Faruque Hossain, son of late Abdul Malek fixing a dower money of Tk. 3,001/- on 26.07.1981 under the Muslim Family L......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......j Farque Hossain and as a result Alhaj Faruque Hossain divorced her on 27.03.1983 by a registered Talaknama and married defendant No. 1 on 16.04.1983 by a registered Kabinnama. 4. The trial Court on consideration of the materials on record decreed the suit. On appeal in Title Appeal......era, Begum alias, Hazera Khatun & another........Respondents Judgement June 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. N. H. Khandaker, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civ..Category: Family Law | Date: | Hits: 150
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....dant No.1 have been possessing the same amicably but the defendant Nos.2-5 denied the plaintiff-appellant's title; that in certified copy of Khatians the plaintiff-appellant came to know that some of the disputed land have been recorded in the name of the defendant-respondents. 3. The......he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......ed by way of adverse possession. The plaintiff has neither produced any documentary evidence nor let any oral evidence to prove his right, title and interest over the suit land though the trial Court decreed the suit land in favour of the plaintiff but the Court of Appeal has modified t......rendra Nath Mondal……………………………………………..Appellant Vs. Dhirendra Nath Mandal and others………………………..Responden..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....e filed, by leave, the instant appeal against the judgment dated March 29, 1998 by the High Court Division in Civil Revision No.2248 of 1991 (Dhaka) Civil Revision No.271 of 1984 (Rangpur) making absolute the Rule obtained against the judgment and decree dated July, 19, 1984 of the Court of Subo......t all set aside the judgment of the trial Court and as the High Court Division on due consideration of the materials on record set aside the judgment of the appellate Court no interference is called for by this Court. The learned Counsel also submitted that the S. A. and the R. S. record we......, that during S.A.operation land was recorded wrongly in the name of Jairuddin, the defendants are claiming the land in suit by purchase from the successive heirs of Jitu Mondal. 5. The trial Court decreed the suit on the findings that plaintiff proved his case of possessing the land ......) 672. ..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....g that the defendants could not produce any witness or documents to prove that Abdul Gafur Talukder, did accept the kabuliyats, Ext. Uma, on which the defendant relied and further the plaintiffs also proved their possession in the suit land on consideration of the materials on record the tr......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......er, did accept the kabuliyats, Ext. Uma, on which the defendant relied and further the plaintiffs also proved their possession in the suit land on consideration of the materials on record the trial court duly found that the entry in the R.S. record is wrong and there is also no evidence to ......rted in: IV ADC (2007) 669. ..Category: Property Law | Date: | Hits: 28
Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)
....cation filed under Order 41, Rule 21 read with section 151 of the Code of Civil Procedure for re-hearing of the Rule upon setting aside the judgment and order dated June 16, 2003 making the Rule absolute. The High Court Division made the Rule absolute on the finding that the opposite party faile...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ......o make out a case that the heba was not acted upon. The appellate Court upon allowing the appeal decreed the suit which was filed seeking cancellation of the heba dated June 25, 1986. 2. The trial Court dismissed the suit. The appellate Court reversed the judgment and decree of the trial C...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Syed Badruddoza being dead his legal heirs: Mrs. Arjuman Banu and Others………… Petitioners Vs. Tawfiq Hasan and another ...Category: Civil Law | Date: | Hits: 102
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
.... - Delay of 2 days is condoned. 2. This petition for leave to appeal arises out of the judgment dated 22.6.2003 of the High Court Division passed in Civil Revision No. 1229 of 1992 making absolute the Rule obtained against the judgment and decree dated 12.04.92 passed by the learned Subor......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......he plaintiffs is vague and based on fabricated papers and further since the kabuliyat was for one year only there is no legal basis of the claim of the plaintiffs after the expiry of one year. The trial court, after hearing, decreed the suit. The defendant Nos.1 and 2 filed appeal which, after h......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, Represented by the Deputy Commissioner and others, Rangpur……………Petitioners Vs. Khariat Hos..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....sing those of dated 29.9.1984 passed by the learned Munsif (now Assistant Judge), Rangunia, Chittagong in Other Suit No. 110 of 1982 decreeing the suit in part. 2. The plaintiff, the predecessor of the petitioners, instituted the above Other Suit No.110 of 1982 for declaration that the re...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......o registered Deeds of Sale dated 13.12.1956 the plaintiff transferred 261/2 decimals of land in favour of the defendants but now the plaintiff, with malafide intention, is denying those deeds. The trial court decreed the suit declaring that the Sale Deed No. 5666 dated 13.12.1956 as void, forged......se is also Reported in: IV ADC (2007) 661. ..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....tance of defendant Nos. 1 and 2, is directed against the judgment and order dated 26-06-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 3458 of 1997 making the Rule absolute. 2. Facts, leading to this petition, are that the plaintiff-respondent instituted Oth......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......Heba-bil-Ewaz deed dated 11-07-1985. In this way, defendant No.1 and 2 have been in possession of the specified area in the southern part of the suit land. 4. Upon hearing the parties, the trial Court decreed the suit by his judgment and order dated 26-06-2002 and against which, the peti......Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shamsul Haque and another………………Petitioners Vs. Md. Abdul J..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....p; Md. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment dated May 11, 2005 of a Single Bench of the High Court Division in Civil Revision No. 749 of 1996 making absolute the Rule upon setting aside the judgment and decree dated January 22, 1996 of the 3rd Court ......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ...... 1/8th share in the land described in the schedule and that the plaintiffs are entitled to 1/16th share in the land for the partition whereof suit for partition has been filed. 6. The trial Court dismissed the suit with the findings that the plaintiffs failed to prove the patta on t......2007) 654. ..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....inter alia, that he is a share-holder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23.03.2002; as per provision of law and its Articles of Association the company convened it's 20th Annual General Meeting on 28.4.2003 by a notice dated 7.4......xercising power conferred under the above sections the High Court Division must be satisfied that it is impracticable to call a meeting in the manner in which such a meeting is to be called and that section 81(2) and 85(3) of the Companies Act 1994 pertain to procedural impractica......rrived 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) 649. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Bank ........................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. Case Referred to- ..Category: Business or Commercial Law | Date: | Hits: 78
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....hul Amin J. - This petition for leave to appeal has been filed against the judgment of August 31, 2004 of a Single Bench of the High Court Division in Civil Revision No. 2072 of 2000 making absolute the Rule obtained against the judgment and decree dated February 28, 2000 of the 5th Court o......ther reinstated employees. 10. In the afore state of the matter we are of the view High Court Division has committed no error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Repo......nd that finally in the departmental proceeding plaintiff was found guilty and thereupon he was dismissed and his appeal having been found of no merit the same was rejected. 5. The trial Court decreed the suit on the findings that there has been violation of Rule 46(2) of the ser...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Water Supply and Sewerage Authority (WASA) and another……….Petitioners Vs. Md...Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... .17 acres being C.S. Plot No. 3871 appertaining to C.S. Khatian No. 1865 of Mouza Baniakhamar originally belonged to one Rakhal Das Bose and his wife. The case of the plaintiff is that their predecessor-in-interest, Baidyanath Chatterjee purchased the suit land from the original owners in the benam...... cogent reason to interfere with the same. Both the appeals are, therefore, disÂmissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......emises and Srish Chandra was benamder of Baidynath of the suit premises and the plaintiff-respondents acquired title to the same by purchase by kabala dated 04.11.1961 from Baidyanath Chatterjee. The trial court also disbelieved the case of settlement of the suit premises to defendant-appellants by ......ate-on- Record-For the Appellants. Mahbubey Alam, Senior Advocate, instructÂed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 117-118 of 1998 (From the judgment and order dated 13.08.1995 passed by the High Court Division in Civil Revision No. 1222 of 1981 with..Category: Property Law | Date: | Hits: 34
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....e, 1st Class, Mymensingh in C.R. Case No.376(1) of 1995 convicting the Respondent No.1 under section 6(5) of the Muslim Family Laws Ordinance, 1961 and sentencing him to one year simple imprisonment. 2. The petitioner filed the aforementioned C.R. case alleging that during subsisten......nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ......nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ......ivision (Criminal) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazaul Islam J Razia Khatun.......................Petitioner Vs. Idris Ali and another.........Respondents Judgment October 23, 2005. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 36
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....artered Bank and mortgaged the property mentioned in schedule A of the plaint of Title Suit No. 35 of 1996 renumbered as Title Suit No. 261 of 1999 and the borrower defaulted in repaying the loan and so the aforesaid bank filed the above suit for realizing the money and obtained a decree of Tk. 1,45......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......ing the decision of the High Court Division holding, "At the time of tendering the memorandum of appeal before the High Court Division the appellant did not deposit half of the decretal amount in the trial court. Nowhere in Section 7 it is provided that such deposit beyond the period of 30 days from......d JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Peninsular Shipping Service Limited ..............................................Appellant Vs. M/s. Faruque Paint and Varnish Manufacturing Co. Ltd. and others ........Respondents Judgment June 18, 2006. ..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
....icting the accused Md. Aminur Rahman, Md. Shirajul Islam @ Khasru and Dulal under section 9(3) of the Nari-0-Shishu Nirjatan Daman Ain, 2000 and sentencing each of them to suffer, imprisonment for life and to pay a fine of Tk.10,000/- in default to suffer rigorous i imprisonmen...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ......rocedure both the confessing accused disclosed the fact of commission of rape on the informant by those three accused. 3. Police on completion of investigation submitted charge sheet. During trial prosecution examined 15 witnesses. 4. The defense case is that the accused have been ......sp; Criminal Petition for Leave to Appeal No.252 of 2005 (From the judgment and order dated 18.04.2005 passed by the High Court Division in Criminal Appeal No.2513 of 2003). ..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....different places, that at one stage they came to know that the said dacoit was standing on a culvert over a village road by the side of Natore-Bogra Highway, that one local Dafader and 2 Chowkidars also joined with them and they proceeded for the place of occurrence being divided in 3 (three) groups......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......ons Judge, Natore by the same judgment acquitted 4 other accuseds of the charge leveled under sections 302/353/333/224 read with section 34 of the Penal Code. 5. The 5 (five) accuseds were put on trial to answer the charges under sections 302/353/333/224 read with section 34 of the Penal Code. ...... General instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner Not represented- For the Respondent. Criminal Petition for Leave to Appeal No. 233 of 2005. (From the Judgment and Order dated July 18, 2004 and July 19, 2004 passed by the High Court Division in Death Reference..Category: Criminal Law | Date: | Hits: 73
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
.... Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 06.08.2005 passed by the High Court Division in Writ Petition No.4404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ Petiti......ying rent regularly since 1379 B.S. after mutating his name therein. He has obtained rent receipts in his name up to 1410 B.S. from the local Tahasil office. 6. The case land is in a market called Puran Bazar which is not adjacent to the writ petition Aluminum factory. There is a road of ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ion (Civil) Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Ayen Ali Howlader...................Petitioner Vs. Nazir Ahmed and others…………….Respondents Judgment November 28, ..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....is Ali. Thereafter, whereabouts of said Nasim Razzak could not be ascertained. While Idris Ali was thus in possession by payment of municipality taxes, rates etc. he on 12.08.85 transferred the possessory right to the plaintiff at a consideration of Taka 70,000.00 only by way of a registered power o......st illegally declared title of Rabiul Awal in the suit property. 13. Similarly, Abdur Rab failed miserably to prove the power of Idris Ali to transfer any right of the original allottee. By the so-called power of attorney dated 12.08.1985 Abdur Rab therefore, acquired no right in the property. Ac......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......ate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the High Court Division in Civil Revision No.1931 of 2..Category: Tenancy Law | Date: | Hits: 180
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
....he writ petition). 2. The plaintiff Pubali Bank filed the aforesaid money suit for a decree of Tk. 78,11,629.36 with interest at the rate of 20% per annum till realization of the same and also for the order to sell the mortgaged property. 3. It appears from the materials on record...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......ourt Division that the suit having been filed against the dead person, is a nullity in the eye of law and consequent thereupon as no suit lies against the defendant No. 3 the direction given by the trial Court for furnishing particulars of heirs of the defendant No.3 was not legal. 6. It w...... Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J A.F.M. Wahid Shahjahan.........Petitioner Vs. Subordinate Judge (now Joint District Judge), 3rd Court Dhaka and other……………Respondents Judgment August 2, 2007. ..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....he refused to buy the same and consented to the sale no question of waiving his right arises. [Obiter] Right of pre-emption accrues to the pre-emptor only after the case land is sold to the purchaser pre-emptor by its owner. It does not arise before sale and any such right be...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......nd to pre-emptee Md. Dewan Ali by a registered sale deed and the pre-emptor Md. Jasimuddin delivered possession of the case land to the pre-emptee Md. Dewan Ali. 4. In this background, the trial court heard the preemption case and dismissed the same on the finding, inter alia, that befor...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Dewan Ali..........................Appellant Vs. Md. Jasim Uddin and others .......Respondents Judgment January 6, 2008. The State Acquisitio..Category: Property Law | Date: | Hits: 32
24372435243424332432243124302429242824272426242524242420241924182416241524132412