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Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....tant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands originally belonged to Monindra Nath Mondal, the defendant No.2 in raiyati right who sold the suit land to the plaintiff by registered kabala dated 23.04.1970 and since then the plain......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ...... his name mutated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Estate and the original kabala was stolen from his house. 4. The trial court decreed the suit. On appeal being Title Appeal No. 142 of 1979 the court of appeal dis....... Ed. ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
..... Ruhul Amin J. - This is defendants appeal by leave against the judgment dated July 25, 2000 of a single Bench of the High Court Division in Civil Revision No. 9824 of 1991 making the Rule absolute and thereupon decreeing the suit. The Rule was obtained against the judgment and decree date......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......iled seeking declaration of title in respect of the land described in the schedule attached to the plaint. It may be mentioned the appellate Court upon reversing the judgment and decree of the trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being de..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
.... that land measuring 6.20 acres of No.23 khebog owned by Daraj Ullah and Nazir Uddin and by amicable arrangement Daraj Ullah used to possess previous plot No. 31/34, that Daraj Ullah died leaving 2 sons Babar and Mobarak, 4 daughters and a widow, that Mobarak died leaving plaintiff Nos. 1-5 that......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......ion was listed in khas khatian No. 1, that the suit has been filed by making untrue statements in respect of the land in which plaintiffs have no right, title and interest. 5. The trial Court decreed the suit on the findings that plaintiffs by the evidence of competent witnesse...... (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Pirojpur and others....................Appellants Vs. Md. Wazed Ali and others…&he..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
.... 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 Subor...... at all set aside the judgment of the trial Court an 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 wer......943, 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......0/- Ed. ..Category: Property Law | Date: | Hits: 35
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....l Amin J. - This appeal by leave is directed against the judgment and order dated 26.01.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ...... names of the plaintiffs was again corrected in favour of defendants after filing objection under section 19(1) of the State Acquisition and Tenancy Act. So the suit is liable to be dismissed. The trial court decreed the suit. The appellate court reversed the judgment and decree of the trial cou......llowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....dents cannot obtain any relief in the Administrative Tribunal because Rule 14 of the Supreme Court of Bangladesh (High Court Division) Employees (Discipline and Appeal) Rules, read with first proviso to section 4 of the Administrative Tribunals Act, 1980 stands as a bar to an relief because the ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......stituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka on 01.08.1996 for a declaration that the said order of dismissal was illegal. The learned trial court fixed the suit for hearing on maintainability. Upon hearing only the learned Advocate f...... Judgment: M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellan..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
.... defendant-petitioner from dispossessing or creating any disturbance in their peaceful possession of the suit property stating, inter alia, that the property originally belonged to Ganjela Roy who sold the property to One Rahimuddin Sarker and the aforesaid Rahimuddin Sarker by registered haba-b......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ...... Ed. ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....al District Judge, Second Court, Dhaka in Title Appeal No. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants...... per valuation determined by the Valuation Committee. The plaintiff was advised by the defendant No.3, Section Officer, Ministry of Works, to keep fund available for depositing the money when called upon but inspite of repeated requests by the plaintiff, the defendants did not allow the pl......he plaintiff took an appeal before the learned District Judge. The Additional District Judge, 2nd Court, Dhaka, who heard the appeal, allowed the appeal setting aside the judgment and decree of the trial Court and directed the defendant-petitioner Government to register a document on acceptance o...... Fazlul Karim J Md. Tafazzul Islam J Government of Bangladesh & Ors……...Appellants vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. ..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
.... High Court Division in Civil Revision No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghos......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......nal owners and they have been in possession of the same and the plaintiff never lived in suit village and never possessed the 'Kha' schedule land and the suit is barred by limitation. 4. The trial Court on consideration of the evidence adduced by the parties dismissed the suit. On appeal b...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others………&he..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e judgment and decree dated 15.5.1989 (decree signed on 22.5.1989), in Other Class Suit No. 37, 1987 and the final decree dated 9.1.1997 passed in the aforesaid suit be set aside and also prayed for a separate saham in respect of the property described in the 'ga' schedule within th......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......ained therein with the observation that the defendant-petitioner shall be at liberty to file a fresh application under Section 11 of the Code of Civil Procedure on the point of res-judicata and the trial Court shall frame one of the issues as to whether the suit is barred by res-judicata and will...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Rasheda Begum………………….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- ..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
.... Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L.A. Case No. 4 of 1950-5......h the other land was handed over to the Railway. It may be mentioned the Railway filed the letter and a map which has compositely been marked as Ext-B. At one stage of the hearing of the appeal we called for the record of the Title Suit No. 563 of 1987 of the 4th Court of Assistant Judge, Dhaka ......arch 22, 1984 has informed the Railway that the said Ministry never leased out the suit land for 99 years to the plaintiff, that the land in suit is in the possession of the Railway. 4. The trial Court on consideration of the evidence both oral and documentary, of the parties dismissed th...... Md. Ruhul Amin J M. M. Ruhul Amin J Saleh Ahmed, Estate Officer, Bangladesh Railway……………......Appellant Vs A.P.M. Basher, Advocate and others .........Respondents Judgement February 25, 2004. Lawyers Involved:..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....sing the rule directing both the parties to maintain status quo. 2. The facts, in brief, are that the petitioner and others instituted Other Suit No. 101 of 1985 for ejectment of the predecessor of the respondent Nos. 1 and 2 and the suit was decreed ex-parte on 01.10.1989 and the plainti......ed the facts and circumstances and by an elaborate judgment discharged the rule. 6. On perusal of the aforesaid judgment we do not find that there is any error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and ......ill pending. In the aforesaid Miscellaneous Case No. 495 of 2003 the respondent Nos.1 and 2 filed an application for temporary injunction against the petitioner and others which was allowed by the trial court by order dated 30.09.2003 and the present petitioner and others were restrained from ma......mirul Kabir Chowdhury J A.N.M. Gaziul Azim………………………………….....Petitioner Vs M.A. Kader and others..........................Respondents. Judgement January 1, 2005. La..Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....e of nazar money by the landlords. The appellate court below further held that Ext.3 does not show the khatian number to which the land proposed for settlement related. The lower appellate court also held that Ext. 3(a) was said to be the sanction accepting the settlement of the land mentioned i...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......gail for declaration of title and recovery of khas possession. The suit was decreed. The defendant preferred Title Appeal No. 395 of 1963 which was allowed and the judgment and decree passed by the trial court was reversed. The plaintiffs preferred 2nd Appeal No. 1204 of 1965 before the High Cour......ourt of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....er No. 1383 of 1997 rejecting the revisional application summarily. The revisional application was filed against the order dated 19.2.1997 of the Court of Subordinate Judge and Artha Rin Adalat, Jessore allowing an application filed under Order 1, Rule 10(2) of the Code of Civil Procedure and th......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... to be struck out from the plaint, that defendant Nos. 3 and 4 having admitted, undertaken and declared their liability to the Bank the High Court Division was wrong in upholding the finding of the trial Court to the effect that plaintiff will get no decree against them as they were not borrower...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Sonali Bank..................................Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June ..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....laintiff respondents case is that an area of 92.28 acres of lands out of 105.50 acres including the suit land of C.S. Plot No.1 of C.S. Khatian No. 7 was taken pattan by one Abdur Rahman, the predecessor of the plaintiff respondents, from the land Lord on the basis of a dakhila at a Jama of Tk. 66 a......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ...... the plaintiff's predecessors in interest created some antedated and fabricated papers in order to grab the property and plaintiff's or their predecessor had no possession in the suit land. 5. The trial court decreed the suit finding right, title and possession of the plaintiff's in the suit land......ate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referred to- Abdul Kader..Category: Limitation Law | Date: | Hits: 156
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....in J. - This is plaintiffs appeal, by leave, against the judgment and order dated August 24, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1358 of 1995 making the Rule absolute upon setting aside the judgment and decree dated February 26, 1995 of the 2nd Court of Addi......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......ave got their names mutated and upon obtaining receipt paying rent to the Government. 5. The case of the defendant No. 8 was almost similar to the case of defendant Nos. 1-6. 6. The trial Court decreed the suit on the finding that the suit of the&nbs......rt Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referr..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....illul Bari and others.....Respondents Judgment May 2, 2005. The Evidence Act, 1872 (I of 1872), Section 106 Normally, there is no burden on the accused to offer the reason of death of a person for which he is tried. But the deceased living with the accused in the sam......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......al Chandra Das, an officer of CID. During investigation he collected materials on the basis of which he came to the opinion that the respondents along with other co-accused (since acquitted by the trial Court) were responsible for causing the murder of Chapa. He accordingly, submitted final repo......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State............Appellant Vs. Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evide..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
.... 2. The facts, leading to this petition, are that complainant-respondents filed a petition of complaint on 2-6-1996 before a learned Magistrate, 1st Class, alleging, inter alia, that the accused persons are related to each other and that accused No.1 is residing abroad and 4/5 months ago he came ......he High Court Division ought to have made the Rule absolute. 6. It is further submitted that the Magistrate accepted the report of the District Anti-corruption Bureau (D.A.B.) which was not called for and that the petition of complaint was sent only for preliminary inquiry and without lod......rrest and the case was registered as G.R. Case No. 19 of 1996 under sections 420/406/468/471 and 109 of the Penal Code. The Magistrate sent the case record to the Additional District Magistrate for trial. The accused-petitioner appeared before him and prayed for bail on the ground among other tha...... Present Mainur Reza Chowdhury J K.M. Hasan J Syed J. R. Mudassir Husain J Abdus Salam alias Md. Abdus Salam................Petitioner Vs. Samala Bibi and others.........Respondents Judgment May 22, 2002. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 37
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....is petition for leave to appeal is directed against the judgment and order dated 06.03.2002 passed by a Division Bench of the High Court Division in Writ Petition No.5226 of 2000 making the Rule absolute. 2. Short facts are that the petitioner was elected as Chairman of Nazirpur Union Par......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder.............Category: Civil Law | Date: | Hits: 104
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
..... 3. Plaintiff-respondents filed Title Suit No. 106 of 1975 for declaration of their title in the suit land measuring 13.79 acres. The plaintiffs claimed that heirs of original owners sold the suit land to one Chapala Bala by registered kabala dated 9.5.1927 and thereafter, by anoth......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......ed. Ed. ..Category: Procedural Law | Date: | Hits: 113
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