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S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......smissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ...... the case from the Court of Druto Bichar Tribunal, Rajshahi to any other Druto Bichar Tribunal at Dhaka. From the impugned judgment and order of the High Court Division it appears that the case in question has been transferred accordingly to Druto Bichar Tribunal No.3 at Dhaka. 10. We are ..Category: Criminal Law | Date: | Hits: 47
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......Malekun Bibi; Bibijan Bewa died leaving behind brothers' sons Moyen Mondal, Jabbar Mondal and Rahimuddin. Malekun by a registered deed of heba-bil-ewaz deed dated 5.2.1982,transferred 6.32 acres of land to her brother's sons, the pre-emptee petitioners, and on the same date the pre-emptee petitio......ssed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......5 does not apply to the facts and circumstances of the present case because in the above decision, the transfer in respect of which pre-emption was sought did no longer subsist and accordingly question of pre-emption did not arise in the above reported case. 8. On perusal o..Category: Property Law | Date: | Hits: 34
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
.... leave-petition, Mr. Nawab Ali contends that the High Court Division failed to consider that the Appellate Court failed to apply its judicial mind in not considering that the plaintiffs are not in possession in the suit property and as such injunction can not be granted to one, who is not in po....... 324 were Lalkha, Isha Kha, Ali Kha, Zion Kha, Mia Kha and Guda Kha; that the schedule property devolved upon Isha Kha, which is stated in Khatian No. 324 that Isha Kha transferred 52 decimals of land from northern side on 03-11-1915 during C.S. operation to Sheikh Falu and Tilumuddin that Shei...... is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......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. ..Category: Property Law | Date: | Hits: 33
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
.... 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. ...... 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. ......etition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ...... not served upon the defendant and the plaintiff managed a false report of the process server in respect of service of summons and by practicing fraud upon the Court obtained the ex-parte decree in question on 28.09.1989.The application was registered as Miscellaneous Case No. 57 of 1989. ..Category: Property Law | Date: | Hits: 24
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....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. ......ing the rule absolute. 2. The respondent Nos.1 to 3 as plaintiffs instituted Title Suit No. 7 of 1989 in the Court of Subordinate Judge, Shariatpur for declaration of their title in the suit land and for a declaration that the order dated 20.02.1989 passed by the Additional Deputy Commiss......s dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......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. ..Category: Property Law | Date: | Hits: 25
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....in Writ Petition No. 922 of 2006 allowing the prayer of respondent No. 11 adding her as respondent in the writ petition and also directing the respondent No. 3 not to disturb the writ petitioner's possession in the land as mentioned in the petition till expiry of his lease period. 2. Shor......o. 922 of 2006 allowing the prayer of respondent No. 11 adding her as respondent in the writ petition and also directing the respondent No. 3 not to disturb the writ petitioner's possession in the land as mentioned in the petition till expiry of his lease period. 2. Short facts are that t......ed. Ed. This Case is also Reported in: IV ADC (2007) 772. ...... judgment of the High Court Division and other connected papers. 6. Mr. Ahmed submits that respondent No. 11 is not a necessary party and the claim of the respondent No.11 involves disputed question of fact which cannot be determined in the writ petition. 7. Mr. Khan on the other ha..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......002 passed by a Division Bench of the High Court Division in Writ Petition 2382 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner was the owner of 1.33% acres of land of C.S. Plot Nos. 1081 and 1082 of C.S. Khatian No.14 and an area of 1.06 acres of C.S. Plot N......e petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ...... 3. The respondent No.5 entered appearance by filing an affidavit-in-opposition denying the material allegations made in the writ petition. The case of the respondent is that the land in question along with other lands were requisitioned under Special L.A. Case No.8 o..Category: Property Law | Date: | Hits: 26
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....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. ......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. ......er as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ...... knew about the time from the Master of the vessel. It may be mentioned Master of the vessel was not examined by the plaintiff. Hence evidence of PW.5 is of no purpose to the plaintiff on the question of time of collision. P.W.6, Lasker of the vessel stated that at 5 A.M. M.V. Tapash l..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... 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. ...... 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. ...... the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......na P.S. Case No. 31(6) 93 only on that ground. 4. The learned Additional Attorney General submits that the High Court Division was in serious error in quashing the proceedings of the case in question on the wrong view of the law in that provision for stopping the proceeding and releas..Category: Criminal Law | Date: | Hits: 48
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....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. ......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. ...... This Case is also Reported in: IV ADC (2007) 691. ......rther period as per terms of previous agreement; that the said letter was exhibited as exhibit-'Ga' before the trial Court without objection; that if the petitioners were really defaulters the question of further enhancement of rent could not arise but the Courts below ignoring the exhi..Category: Property Law | Date: | Hits: 35
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....ations made in the plaint by the plaintiff-appellant stating, inter alia, that the father of the defendant No. 4 purchased the disputed land by auction sale on the benami and he was put into possession on 19.12.1955 evicting Sometro Tara and others from the suit property and settled ......it No.3 of 1984 in the Court of the learned Munsif ( now Assistant Judge), Nazirpur Upazila, Pirojpur against the defendants-respondents for declaration of title in respect of several plots of land including R.S. Plot No.712 measuring 0.86 acres being homestead land on the current; that the...... IV ADC (2007) 680. ......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. ..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....ted April 30, 1982 of the Court of Munsif (now Assistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff,......sistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff, in short, is that the land in suit, which is hom......Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ...... the name of Alfajuddin and Rafatullah was prepared wrongly since tenancy of Jairuddin was not surrendered at any point of time in favour of Kuran Modnal. Finally the High Court Division held that question of surrender by Jairuddin in favour of Kuran Mondal could not be established by the defend..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....ats executed by the defendants but the appellate Court, without reversing the material findings of the trial court erroneously allowed the appeal holding that he defendants acquired title and possession in the land in suit on the basis of kabuliyat Ext. Uma and dakhiles Exts. Ga (2) and Ga ......istant Judge, Fulbari, in Other Suit No.37 of 1986 decreeing the suit. 2. The appellants, as plaintiffs, filed the above Other Suit No. 37 of 1986 for declaration of their title in the suit land on the averments that the suit land originally belonged Moharaja Jogodipendra Narayan Bhup Bah......st at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......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. ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....it land and C.S. Record was prepared in their names and subsequently Tarini Prasad and the two others surrendered the property in favour of the original landlord who then took the same to his Khas possession; Abdul Aziz, the father of the plaintiffs, then took pat-tan of the suit land by registe......r Suit No. 459 of 1987 decreeing the suit. 3. The respondents 1 and 2 filled (filed) the above suit on the averments that Bimalendu Roy, Tarini Prasad and two others took pattan of the suit land and C.S. Record was prepared in their names and subsequently Tarini Prasad and the two others ......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......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. ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....1956 alleged to have been executed and registered by him in respect of the land described in schedule 1 (ka) of the plaint is forged, void and not binding upon him and also for confirmation of his possession in schedule-1 land measuring 76 decimals upon declaration of his title therein and also ......instituted the above Other Suit No.110 of 1982 for declaration that the registered Deed of Sale being No. 5666 dated 13.12.1956 alleged to have been executed and registered by him in respect of the land described in schedule 1 (ka) of the plaint is forged, void and not binding upon him and also ......petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......he defendants adduced sufficient evidence to show that the said "Zager Hossain" is actually the executant "Zakir Hossain" himself; the trial court did not find the sale deed in question as collusive but merely found ejmali possession of the plaintiff and the defendants in the..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....sistant Judge, Ghatail, Tangail. The case of the plaintiff was that Goher Sheikh was the sole owner of the land in C.S. Khatian No. 470 including suit plot No. 601 while his son Modhu Skeikh was in possession. Modhu Skeikh died leaving behind 3 (three) sons namely (1) Jawahar Ali, (2) Bachiruddin......cts, leading to this petition, are that the plaintiff-respondent instituted Other Class Suit No. 109 of 1985 praying for permanent injunction restraining the defendants from entering into the suit land or from dispossessing him from the suit land in the Court of Assistant Judge, Ghatail, Tangail....... ......Division having meticulously assessed and considered the material on record held as follows: "It is well settled proposition of law that in a suit of permanent injunction the sole question to be seen is the exclusive possession of the plaintiff the suit land as well as his..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....and out of her share from the land of the patta dated February 17, 1902 to her son Jebal Hossain by the 2nd husband, that the gift was made by the registered deed of gift dated June 25, 1928, that possession of the land so gifted was made over to Jebal Hossain who built his homestead in the said......93 of the 2nd Court of Additional Senior Assistant Judge, Sadar, Chittagong in Other Case No. 155 of 1990 dismissing the same. 2. The suit was filed seeking separate saham of 34 decimals of land on partition of 1.14 acres of land. The appellate Court upon allowing the appeal passed a decr......tion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......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. ..Category: Property Law | Date: | Hits: 24
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... by executing an unregistered amalnama (amal-dari) in favour of defendants' predecessor-in-interest on receipt of a salami Tk. 4001/- and at a rental of Tk. 30/- on 17.05.1950. Since then they are in possession and they were never tenants under Baidyanath or the plaintiffs. 11. The learned Advoca...... plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 respectively. Admittedly the suit land measuring .17 acres being C.S. Plot No. 3871 appertaining to C.S. Khatian No. 1865 of Mouza Ban...... This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......he enquiry report, contained, inter alia the following finding: "On analysis of the aforesaid information, explanations and statements the enquiry committee concludes that Wonderland Toys Ltd deliberately concealed information in the prospectus with regard to the company's ma......ordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ...... consequent criminal proceedings on the basis thereof is ultra vires the Constitution and the High Court Division Committed an error of law in vacating the order of stay when the case involves the question of vires of Section-21 of Securities and Exchange Ordinance, 1969. The learned Counsel sub..Category: Criminal Law | Date: | Hits: 36
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....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. ......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. ......aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ...... days from the date of the order of Artha Rin Adalat i.e. within the statutory period of limitation. According to Mr. Ahmed to examine legality of the impugned order it is necessary to probe into the question as to what is the "time requisite for obtaining certified copy" in this case admitting the ..Category: Civil Law | Date: | Hits: 132
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