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State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......sp; Shahabuddin Ahmed J.— In this appeal by special leave, at the instance of the State, the legality of the High Court Division's order of acquittal in revision has been called in question. The main question is whether the act and conduct of the accused persons, even if admitte..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......circumstantial evidence as adduced by P.Ws. 1, 2, 3, 4 and 8. P.W.1, Md. Nowsher Ali stated in his deposition that the deceased had enmity with accused Hazer Mondal, Wazed Ali and Abbas over land dispute. P.W. 2 Md. Yusuf Ali Biswas, stated in his deposition that a few days before t...... sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ..Category: Criminal Law | Date: | Hits: 52
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......lip;……………..Respondents Judgment November 13, 1984. The Code of Civil Procedure, 1908 (Act V of 1908); Order 23 rule 3 When a respondent in an appeal dies and one of his legal representative is already on record in another capacit......ed Subordinate Judge. Thereafter the plaintiff filed a Second Appeal before the High Court Division and the learned Single Judge sent the case on remand to the lower appellate Court to consider the question of substitution of the successor Mutwalli. This is the impugned order and leave was grante..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....f 1963 passed by the High Court Division on 1-8-79. Plaintiff-appellant instituted Title Suit No.73 of 1961 in the Court of Subordinate Judge, Sylhet for declaration of title and recovery of possession. Facts as stated in the plaint are that his father Haji Kalimullah used to advance money......1), 9(2), 9(3) Interpretation of Statutes Section 9(1) of the State Acquisition and Tenancy Act substituted by Ordinance XXVII of 1961 lifted embargo on all transfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospe......This Case is also Reported in: 37 DLR (AD) 71. ......,000/- to defendant-respondent and executed a kabala on January 30, 1958. For affecting the transfer he executed a power of attorney in favour of Ahmed Khan on January 28, 1958. Properties in question were purchased by the defendant-respondent before the institution of the plaintiff's ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....t used to pay the educational expenses of the two sons of plaintiff No.1 and plaintiff No. 2. Plaintiffs, however, transferred most of their properties to the defendant and delivered possession of the same to him. 4. In 1964 defendant returned to Bangladesh permanently ......ppellant), contested the suit. Defendant had good relations with the plaintiff since be served in a Rubber factory in Calcutta. At the plaintiff's request he purchased in their benami .25 acres of land of Plot No. 138 appertaining to C. S. Khatian No. 64 of Mouza Jadabpur from one Haragobinda Da...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das ...... (Act V of 1908) Order 6, rule 17 Since the relief prayed for in the amendment petition appears to follow from the declaration prayed for in the plaint, the contention that there was no question of limitation does not appear to be unacceptable. Where it is found after taking evidence..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......ibed in Schedule Ka and Kha respectively and that he had 8 annas share in C.S. Khatian No. 267 and 271, the properties in Schedule "Ga" and "Gha" thereby claiming 2.34 acres of land to their share. 3. Defendants contested the suit stating, inter alia, that the suit la......ent July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the parti......culation the said share was reduced for which no objection could be taken. In this view of the matter the revisional application was rejected summarily. 6. Leave was granted to consider the question whether in the absence of any cross appeal filed by the defendants the appellate Court bel..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
....an Magistrate, Dhaka on 19.02.2004 under Section 145 of the Code of Criminal Procedure alleging, inter alia, that they purchased the land in question on 28.04.1977 and since then they have been in possession of the same on getting their names mutated and a caretaker was appointed to look after t......etition case bearing No. 248 of 2004 before the Chief Metropolitan Magistrate, Dhaka on 19.02.2004 under Section 145 of the Code of Criminal Procedure alleging, inter alia, that they purchased the land in question on 28.04.1977 and since then they have been in possession of the same on getting t......cord arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......case bearing No. 248 of 2004 before the Chief Metropolitan Magistrate, Dhaka on 19.02.2004 under Section 145 of the Code of Criminal Procedure alleging, inter alia, that they purchased the land in question on 28.04.1977 and since then they have been in possession of the same on getting their nam..Category: Criminal Law | Date: | Hits: 45
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....gh the name of the petitioner was but available but the police after investigation submitted charge sheet against the petitioner. The petitioner was a lessee under the Government and he also was in possession in the disputed property, The petitioner was paying rent to the Government and subseque...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......d deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....r Barinda Mouza, he was attacked by the condemned prisoner and his accomplice, namely Abbas Ali, alias Boga. The assailants gave him stab injuries causing his death and took away Tk. 200/- from his possession as well as the two head of cattle. On the following morning one Abdul Khaleq found the ......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......cord arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..Category: Criminal Law | Date: | Hits: 45
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......Shahid Sheikh, Mottaleb Sheikh, Nazrul Islam, Jahangir Alam, Nizam Sheikh, Wahidul Islam, Hannan Sheikh, Rukunuddin and Borhanuddin Mollah being armed with weapon including bhela entering into the land of the victim, over which there was a dispute, occupied the same and on hearing the same the v...... for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ..Category: Criminal Law | Date: | Hits: 38
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......hy;tate the needs of people of its area. 3. The Public Works Department of the Government considering the necessity and expediency for the establishment of the Shishu Park over 8.86 acres of land at Jambury Maidan, Agrabad, Chittagong handed over the aforesaid land in favour of the petitio......on which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......pugned judgment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division found that the subject matter of the writ petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil court on the ..Category: Civil Law | Date: | Hits: 113
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
.... defendant Nos. 3-7 are heirs of Manulla Amena and Mariyam husband Baura and full paternal uncle's son named Kala Sheikh. In this way Kalu inherited 6(six) annas share; that defendants are in possession in more land. The plaintiffs are heirs of Kalu Sheikh. The plaintiff claimed partition a......t, are that the plaintiffs instituted Other Suit No.74 of 1995 in the Court of Senior Assistant Judge, Mithapukur, Rangpur, for a preliminary decree for partition to 8 annas share to the suit land and also for a declaration; that the compromise decree passed in Other Suit No. 55 of 1966 to ......ngly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....notice upon the respondent Nos.3 and 4 directing them to vacate the whole 450 shops of the ground floor which the petitioner and other shop owners are possessing through purchase of their possession from the respondent Nos. 3 and 4 knowing fully well that there was no provision for main......ase by filing an affidavit-in—opposition stating, inter alia, that the respondent Nos.1 and 2 RAJUK had approved a plan in 1982 for construction of a two storied building on the piece of land of the respondent Nos.3 and 4. Thereafter, said plan was revised for construction of 4(four) ......ation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......Judge, Sadar Kurigram in miscellaneous Case No. 48 of 1996 allowing pre-emption. 3. The pre-emptor respondent No. 1 filed the miscellaneous Case No. 48 of 1996 in order to have the case land by way of preemption stating, inter alia, that he is a co-sharer tenant in the case land......ich is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ...... petitioner is that there was a shalish and as per verdict of shalish the petitioner gave Tk. 5,000/- to the pre-emptor and the pre-emptor promised not to file any pre-emption case for the land in question, but the petitioner failed to prove such assertion in any court and all the courts below c..Category: Property Law | Date: | Hits: 33
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....t the plaintiffs filed Title Suit No.31 of 1995 in the 2nd Court of Subordinate Judge, Sylhet for declaration of title stating that the predecessor of the defendant Md. Sadir having title and possession over the schedule land died leaving behind one son A.S.M. Ali Ashraf, three daughte...... Suit No.31 of 1995 in the 2nd Court of Subordinate Judge, Sylhet for declaration of title stating that the predecessor of the defendant Md. Sadir having title and possession over the schedule land died leaving behind one son A.S.M. Ali Ashraf, three daughters named Mst. Momtaz Begum, Noor ...... Reported in: VI ADC (2009) 307. ......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ..Category: Property Law | Date: | Hits: 32
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......e decreeing the suit. 2. The case of the plaintiff, in short, is that the plaintiff Jobeda Bewa, a widow, used to stay under the care of defendant No.1 and she was the owner of 3.55 acres of land and subsequently when the plaintiff was suffering from paralysis and was confined to bed.......sed. Ed. This Case is also Reported in: VI ADC (2009) 305. ...... existence of the deed and hence the suit. 3. The defendant No. 1 contested the suit by filling written statement, stating, that to meet the cost of treatment, the plaintiff sold the land in question in favour of defendant No. 1 and the deed was executed and registered on receiving th..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....itle Suit No.6 of 1985. In this appeal, defendant Nos. 1-3 are the appellants while plaintiff Nos. 1 and 2 are the respondents. 2. The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and he....... In this appeal, defendant Nos. 1-3 are the appellants while plaintiff Nos. 1 and 2 are the respondents. 2. The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and her son plaintiff No. 2, ...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ..................Plaintiff-Respondents Judgment July 28, 1996. Lawyers Involved: Habibul I......ts of the impugned Kabala who was not an heir to Abdul Barek on account of his mother being alive and that the deceased Abdul Barek left behind several heirs who, far from presenting the kabala in question for registration, were not been notified. The learned Munsif therefore came to the co..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....ated 27.7.1960 but subsequently by two agreements dated 28.7.1968 and 6.2.70, the original allottee entered into a contract with him for selling the house to him. He further claimed that possession was delivered to him by the original allottee on the basis of that agreement. Md. Ziaul ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......e Division (Civil) Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J The People's Republic of Bangladesh represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The......gainst the judgment and order dated 27.10.1997 passed by a Division Bench of the High Court Division in Writ Petition No. 1370 of 1994. Leave was granted by the order-dated 9.8.2000 to consider the question whether the decree obtained by respondent No. 2 in a suit for specific performance of con..Category: Property Law | Date: | Hits: 38
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....Suit No. 203 of 1984 of the Court of the Subordinate Judge 4th court, Dhaka for declaration of their title to the suit property, comprising of land and buildings within Dhaka City, on adverse possession. Defendant respondent No. 1 through her son Samsuddin Soleman as her constituted at......ants on 31.12.86 got an ex parte decree in Title Suit No. 203 of 1984 of the Court of the Subordinate Judge 4th court, Dhaka for declaration of their title to the suit property, comprising of land and buildings within Dhaka City, on adverse possession. Defendant respondent No. 1 through her...... ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Danish Ali & others .....................Appellants Vs. Mrs. Sakina Bai & ors.............Respondents Judgment March 16, 1998. Lawyers Inv......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....urt of the Assistant Judge, the then Baliakandi Upazila, Rajbari, against defendant Nos. 1-4 respondents restraining them from giving on lease the suit land to any body and disturbing the plaintiffs' possession therein and also of a declaration that the proceeding taken in V.P. Case No. XII-1877 72-......numbered as Title suit No. 424 of 1984 of the Court of the Assistant Judge, the then Baliakandi Upazila, Rajbari, against defendant Nos. 1-4 respondents restraining them from giving on lease the suit land to any body and disturbing the plaintiffs' possession therein and also of a declaration that th......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defen......d also arrived at findings that defendant Nos. 1,2 and 4 viz the Government of Bangladesh, the ADC (Revenue), Rajbari and the Supt. of vested and non resident property Rajbari preferred the appeal in question through the Government pleader, Rajbari, Mr. Abdul Wajed Biswas and that no cause was shown..Category: Limitation Law | Date: | Hits: 166
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