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Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....ning to Plot Nos.834, 835 and 859 of Mouza Char Mominpur measuring an area of 6 acres and the sheet No. 2 Containing Plot Nos. 600-699 of Char Mominpur is forged, concocted and collusive and also prayed for permanent injunction restraining the defendants from leasing out the suit land ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......inter alia, that the sheet Nos. 1-3 have been approved by the concerned authority of the government and the plaintiff-respondents have no right, title and possession in the suit land. 4. The trial court decreed the suit. On appeal being Title Appeal No. 28 of 1993 the court of appeal dismi......-For the Appellant Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 Civil Appeal No. 288 of 2002 (From the judgment and order dated 15.01.2001 passed by the High Court Division in Civil Revision No. 1635 of 1995.) ..Category: Property Law | Date: | Hits: 31
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....am J.- This petition for leave to appeal is directed against the judgment and order dated 25.4.2005 of a Single Bench of the High Court Division in Civil Revision No. 1974 of 2004 making the Rule absolute setting aside the Order No. 23 dated 8.5.2004 passed by the learned Additional District Judge......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......itten statements denying the material averments made in the plaint and contended, inter alia, that they are in possession of land of plot No. 25 by planting trees and making houses therein. The trial court having decreed the suit on contest, the respondents preferred Title Appeal No. 88 of 200...... till hearing of the appeal. Ed. This Case is Also Reported in: ..Category: Civil Law | Date: | Hits: 116
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
....d. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated March 12, 2005 of a Single Bench of the High Court Division in Civil Revision No. 4297 of 1997 making absolute the Rule obtained against the judgment and order dated August 21,1997 of the Court of Distri...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ...... 3. The prayer for pre-emption was opposed asserting that the transfer is in fact exchange and that the contention of the pre-emptor that the transaction is not an exchange is incorrect. The trial Court dismissed the case on the finding that the transaction between the pre-emptee oppo...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Shamsuddin Sarder being dead his heirs-Mst. Sufia Khatun and others....Petitioners Vs Md. Habisuddin Gazi and others………&he..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
..... Ruhul Amin J.- This appeal, by leave is by the heirs of defendant No.1 against the judgment dated May 9, 2001 of a single Bench of the High Court Division in Civil Revision No.3560 of 1993 making absolute the Rule obtained against the judgment and decree dated November 17,1993 of the 1st Court of ......Respondent No.1 and the learned Counsel who would make submission on behalf of the Respondent No.1 at the moment is not available and in that state of the matter the learned Advocate-on-record when called upon to make submission he did not make any submission on behalf of the Respondent No.1. It m......filed solehnama and on the basis of the said solehnama the suit was decreed, that the solehnama so filed was quite genuine, that the plaintiffs have filed the suit making untrue statements. 5. The trial Court decreed the suit on the finding that the suit is not bad for defect of party and that su......MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....0 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned District Judge, Kushtia is fraudul......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ...... were living there permanently and thus the suit property was correctly listed as enemy property (now vested property) and the same is under the management of the custodian. 5. The trial court dismissed the suit. Being aggrieved the plaintiffs preferred Title Appeal No. 16 of 198......n-Record-For the Appellants. A.K.M.Shahidul Huq, Advocate-on-Record-For Respondent No.1 Ex Parte- Respondent Nos. 2-3 Civil Appeal No. 216 of 2002 (From the judgment and order dated 08.12.1999 passed by the High Court Division in Civil Revision No. 240 of 1991.) ..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....delivery proceedings and accordingly the samples were drawn and Bangladesh Atomic Energy Commission issued Radiation Test Certificate on 12.07.2003 and the plaintiff paid necessary fees and also made payment of river tax to Chittagong Port and that the defendant No.6 declared about storing ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ...... submits, inter-alia that the petitioner having filed the plaint showing cause of action on the basis of facts alleged, the truth of which is to be determined on evidence to be adduced during trial, the High Court Division committed error in not holding that the trial court was wrong in rej......ructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High Court Division in first Appeal No. 70 of 2004) ..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....These petitions for leave to appeal have been filed against the judgment dated November 3, 2004 of a Single Bench of the High Court Division in Civil Revision Nos. 524, 614 and 615 of 1998 making absolute the Rule obtained in Civil Revision No. 524 of 1998 and discharging the Rule obtained in Civi......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......pre-emptee) were filed against the judgment and order dated January 27, 1987 of the Court of Subordinate Judge (now Court of Joint District Judge) Patuakhali in Miscellaneous Case No. 27 of 1983. The trial Court by the aforesaid order allowed the prayer for pre-emption to the extent of 1/3rd of the ......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Aktaruzzaman alias Sahin...........Petitioner (In all the cases) Vs Abdur Rashid Khan and others.....Respondents (In all the cases) Judgement July 3, 2006 Lawyers Involved: ..Category: Property Law | Date: | Hits: 35
State Vs. Sentu and others, 2004, 33 CLC (AD)
....der convicting the accused respondents under Sections 302/34 of the Penal Code and sentenced them to imprisonment for life and to pay fine of TK. 5,000/-each in default to suffer rigorous imprisonment for one year more. The other accused were acquitted. The respondent Nos.1 to 11 prefer......a view to kill him but the Imam of the mosque informed them that he (the informant of the case) was not there and the they left and getting the information the aforesaid Md. Habibur Rahman (P.W.1) called the villagers through mike of the mosque to resist the miscreants belonging to Sarbahar...... a First Information Report was lodged by aforesaid Md. Habibur Rahman which being investigated charge sheet was submitted against the accused respondents and others. The case being sent for trial before the learned Additional Sessions Judge, 2nd Court, Barisal he recorded evidence and pas......nt: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State……………….........Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers In..Category: Criminal Law | Date: | Hits: 41
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....ated 20 July 1998 convicted the two accused respondents under sections 409/420/109 of the Penal code read with Section 5(2) of Act II of 1947 and sentenced each of them to suffer rigorous imprisonment for two years and to pay fine of Tk. 20,000/- in default, to suffer rigorous imprisonment f......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......une, 1987 was started and considering the dates of occurrence the case was splitted up into eight cases and separate charge sheets were submitted after investigation in all those cases. During trial charges were framed in the present case against the accused respondents under Sections 4......CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State represented by the Deputy Commissioner, Dinajpur.......Petitioner Vs Abdul Toab alias Abdul Towab and other…..........Respondents Judgment April 17, 2005 Lawyers Involv..Category: Criminal Law | Date: | Hits: 35
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....5 August 1997 and that the cheque of TK. 50, 000/- was honored while the cheque of TK. 3, 97, 875/- was dishonored more than once and in the mean time the due time for payment of the installment also expired and, institute the respondent No. 1 felt constrained to institute the aforesaid criminal......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......yment of the installment also expired and, institute the respondent No. 1 felt constrained to institute the aforesaid criminal case against the accused petitioner. 4. The case being sent for trial, the learned Metropolitan Magistrate, Chittagong framed charge against the accused petitioner...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M.A. Sukkur………………….................Petitioner Vs. Md. Zahirul Haque and another………...Respondents Judgement November 15, 2005. ..Category: Criminal Law | Date: | Hits: 44
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....f filed this petition for leave to appeal impugning the judgment and decree dated 25.7.2004 passed by a single Bench of the High Court Division in Civil Revision No. 3436 of 1993 making the Rule absolute upon reversing the judgment and decree dated 16.9.1993 passed by the learned Subordinat......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......ght a suit for specific performance of contract against Anukul Chandra Dutta and obtained a decree; the plaintiff has created the alleged Nadabipatra showing the defendant No.1 executant. The trial court after hearing decreed the suit. The defendant No.1 preferred Title Appeal No. 66 of 199...... Md. Ruhul Amin J Md Tafazzul Islam J Md. Mofazzal Hossain………………………Petitioner Vs. Md. Muklesur Rahman and others.....Respondents Judgement June 25, 2006 Lawyers Involved: Nu..Category: Property Law | Date: | Hits: 30
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....CJ. - The defendant-petitioners are seeking leave against the judgment and order dated 1st February, 2005 passed by the High Court Division in civil Revision No. 1806 of 2004 making the Rule absolute by sending the suit back to the lower appellate Court on remand. 2. The predecessor o...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......endant having been in possession of the suit land for more than 12 years through their predecessors acquired title in their favour and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit by judgment and decree dated 20-06-1999 holding that R.S. khatian...... ..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....nd order dated 5.4.2005 passed by the High Court Division in Civil Revision No. 4754 of 2003 and Civil Rule No. 08(R) of 2004 arising out of the said civil revision discharging as infructuous and also disposing of the application for addition of party of the present petitioner and disposing of C......possession by furnishing certified copy of the order passed by the High Court Division on 19.12.2003 showing issuance of rule and order of stay. The Executing Court after hearing the parties recalled the writ of delivery of possession but in the mean time the respondent No.1 had already bee......rty in question to Bangladesh Bank and that therefore he was necessary party in the rule. 5. The High Court Division after hearing the parties by the impugned judgment and order directed the trial court to restore possession of the suit land to the petitioner of Civil Revision No.4754 of 2...... Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Belayet Hossain……………….Petitioner Vs. Abul Fayez Md. Abdullah and others…………….Respondents Judgment June 13, 2005..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....itle Suit No.115 of 1998 for permanent injunction against the defendant petitioners in petition No. 392 of 2005 and others stating, inter alia, that the plaintiff was a registered co-operative society and the members of the said society had been doing their business in the suit property ...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......spondents having not been evicted in violation of courts order/ or any order of injunction or status quo, the High Court Division erred in affirming the order of mandatory injunction passed by the trial court. 6. Lastly, he submits that the High Court Division erred in holding that ......rt Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fulbaria Adrasha Market Dokandar Malik Samity & anr...... Petitioners (In Civil Petition No. 392 of 2005) Dhaka Mah..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....reme Court of Bangladesh in this petition seeks leave to appeal against the judgment and order dated 02.02.2005 passed by the High Court Division in Writ Petition No. 2554 of 2004 making the rule absolute. 1. The facts, in short, are that the respondent No. 1 instituted Writ Petition No. 2......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......cheme of the Constitution as to the removal of a judge of the Supreme Court is sui generis in nature, inasmuch that it does not require an adjudication of fats in the nature of a civil or criminal trial, and that the protection from being removed from office upon an allegation of gross misconduc......of Bangladesh, 42/1, Ka Segun Bagicha, Dhaka………………………………… Petitioner Vs. Syed Shahidur Rahman and others…………Respondents Judgement April 25, 2005 ..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....hul Amin J. - This is plaintiffs' appeal by leave against the judgment and order dated July 16, 2001 of a Single Bench of the High Court Division in Civil Revision No. 232 of 1999 making the Rule absolute upon setting aside the judgment and decree of September 15, 1998 of the 3rd Court of Additio......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......in the said land and the same was handed over to the Agricultural Department and some portion of plot No. 685 is in occupation of the local Primary School for more than 20 years. 5. The trial Court decreed the suit in preliminary form upon declaring title of the plaintiffs in res......There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....dgment and order dated 28.11.2004 passed by the High Court Division in Civil Revision No. 3664 of 2003. 2. The facts revealed in the leave petition, in short, are that one Raquib Ali predecessor of the respondent No.1 (Ka) to 1 (Tha) instituted Miscellaneous Case No. 15 of 1999 before the ......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......tion. 3. The petition was contested by the pre-emptee petitioners denying the material statements of the pre-emptor and adding that the pre-emption application was not maintainable. The trial court rejected the application for pre-emption while the appellate court reversed the same. ......ir Chowdhury J Abdul Quddus…………………………….Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July 30, 2005 Lawyers Involve: ..Category: Property Law | Date: | Hits: 35
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/S Ashraf and sons represented by its Proprietor, Ali Ashraf............Petitioners (In Civil Petition No. 223 of......pondent No. 1 in Civil Petition No.223 of 2005 and respondent No. 2 in Civil Petition No. 490 of 2005 submits, inter alia, that the writ petitioner Md. Zahangir Alam was bidder in all 14 items called in the 5th bid and the bids were accepted but illegally 6th call was made without any r......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ...... ..Category: Civil Law | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
.... - This petition for leave to appeal is directed against the judgment and order dated 5-1-2005 passed by a Single Bench of the High Court Division in Civil Revision No. 5360 of 2000 making the Rule absolute. 2. Short facts are that the plaintiff instituted Other Suit No. 48 of 1998 in the Court ......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: V ADC (2008) 600, 12 BLC (AD) 7. ......the allegations made against him and the reply was not found satisfactory. An Inquiry Committee was formed which found the plaintiff guilty and accordingly he was dismissed from service. 4. The trial Court decreed the suit. On an appeal being Title Appeal No. 46 of 1999 the appellate Court all......an, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Civil Petition for Leave to Appeal No. 919 of 2005. (From the judgment and decree dated 5-1-2005 passed by the High Court Division in Civil Revision No.5360 of 2000). ..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....cords were sent down. After receiving the records by the trial Court fresh summons was issued to the defendants and after receiving the service return date was fixed for taking steps and the order so passed by the Court was shown to the defendant's (herein respondent No.1) Advocate on May 26, 19......tatement. While the suit was awaiting for disposal before the trial Court, as seen from the materials on record in connection with the civil revision the record of the Title Suit No. 77 of 1965 was called for by the High Court Division and after disposal of the civil revision the records were sen......e respondent No.1 was the defendant No.2 in Title Suit No.77 of 1963. He upon service of summons entered appearance and filed written statement. While the suit was awaiting for disposal before the trial Court, as seen from the materials on record in connection with the civil revision the record ......Ed. ..Category: Civil Law | Date: | Hits: 112
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