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Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......t: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to:......rvices of summons were made in that address; the allegation of not knowing the whereabouts of Abdur Rashid Khan, the husband of the defendant No. 1, is nothing but myth and altogether disproved by evidence; the said Md. Abdur Rashid Khan was made party in the miscellaneous case as opposite party..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....led seeking specific performance of the contract for sale of the property in question dated November 9, 1979 between the defendant No. 1 and Syed Rafiuddin Ahmed. In the background of the aforesaid facts plaintiff filed the suit seeking the relief as mentioned hereinabove. 4. The suit was ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Refer......he findings that the suit was not barred by limitation and the suit as framed is maintainable and that the plaintiff has proved his right, title and interest in the land in suit, that from the evidence of PW 4 it is seen that the power of attorney (Exhibit 3) and the kabala dated October 16,..Category: Property Law | Date: | Hits: 31
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....tances leading to the death of his wife. In the absence of any plausible explanation in the present case by the accused-petitioner, his plea of innocence falls to the ground. Tilting balance of the facts and circumstances of this case is such that there is no other way but to maintain the convict......Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 144 of 2004. (From the judgment and order dated 7-1-2004 passed by the High Court Division in Death Reference No. 25 of 2001 heard ......nder sections 302/34 of the Penal Code to which they pleaded not guilty and claimed to be tried. 4. 17 witnesses were produced on behalf of the prosecution while defence did not adduce any evidence. According to the drift of the suggestion made to the prosecution witnesses, the accu..Category: Criminal Law | Date: | Hits: 99
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....ri Bibi and three other defendant- petitioners seek leave to appeal against the judgment and decree dated 6-3-2005 passed by a Single Bench of the High Court Division in CR No. 908 of 2001. 2. The facts, in short, are that Md. Yusuf, predecessor of the plaintiff-respondents, instituted Title Suit......is also Reported in: 12 BLC (AD) (2007) 42. ...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....Civil Procedure on merit by a regular judgment, there is no further scope for revisional Court to rehear the same and so the aggrieved ought to have preferred appeal to the Appellate Division; the facts and circumstances of the case of Falguni Majumder Vs Mokbul Hossain Biswas and others reporte......so Reported in: 12 BLC (AD)(2007) 25. ......t of some dags of the schedule land as a public waqf whereupon, after hearing but without any notice to many of the petitioners and other co-sharers and also without any spot verification or taking evidence, order was passed for enrolment of the schedule land as waqf property with Md. Madaris Ali..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......2 BLC (AD)(2007) 18. ...... from 28-12-1928 as the mortgage which was made on 27-12-1927 become redeemable on and from 27-12-1928 but the suit was filed on September 27, 1989, Chat the Court of appeal below on misreading the evidence and misconstruing the document as well as the provision of law allowed the appeal upon se..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....Evidence Act and that as Abu Sufian, predecessor of the defendant-petitioners, attested the HukumÂnama as such by the oral evidence defendants are not competent to establish anything contrary to the facts as being reflected by the Hukumnama or in other words defendant-petitioners cannot be allowed ......rted in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......at as Firoz Bhuiyan was dead and his son Babul was minor and because of that RS record was prepared in the name of the plaintiffs and the defendants, that plaintiffs by documentary as well as by oral evidence have established their title and possession in the land in suit. Thereupon, the defendants ..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
....es not permit to pass an order for payment of cost upon a party who won the case and, as such, the High Court Division erred in law in passing the impugned order. 6. It appears from the facts and circumstances of the case that the litigant accused petitioners had genuine apprehe...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abul Fazal and another…............Petitioners Vs. The State and another……........ in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ..Category: Criminal Law | Date: | Hits: 31
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....ce the same does not suffer from error or infirmity calling for interferÂence by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......ed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Muhammad Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1218 of 2007. (From the Judgment and Order dated May 23, 2007 passed by the High Court Division in Civil Revision No. 2644 of 2005). ......trial Court the tenant i.e. petitioner herein moved the High Court Division in provisional jurisdiction under section 25 of the Small Cause Courts Act. 7. The High Court Division on perusal of the evidence on record and in the face of agreement of verbal tenancy proved by reliable evidence and th..Category: Tenancy Law | Date: | Hits: 165
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....eous Appeal No. 61 of 1995 affirming those of dated 25.5.1995 passed by the learned Assistant Judge, Kuliarchar in Pre-emption Miscellaneous Case No.11 of 1994 allowing preemption. 2. Brief facts are that the Dud Banu, the preemptor respondent No.1, filed the above Miscellaneous Case No.1...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Amjad Ali and anothers .............Petitioners Vs. Dud Banu and other ................Responde......from the date of their purchase and meanwhile the valuation of the case land increased manifold and the High Court Division erroneously held that there is no misreading or non consideration of evidence although it was specifically submitted before the High Court Division that deposition of P..Category: Property Law | Date: | Hits: 22
....e to appeal is directed against the judgment and order dated 06.12.2005 passed by a Division Bench of the High Court Division in Civil Revision No. 2221 of 2005 making the rule absolute.
2. Short facts are that the plaintiffs instiÂtuted Title Suit No. 347 of 1982 in the 3rd Court of Subordinat......Respondent No. 1-7.
Rafique-Ul-Huq, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-Added Respondent.
Civil Petition for Leave to Appeal No. 111 of 2006
(From the judgment and order dated 06.12.2005 passed by the High Court Division in Civil Revision No. 2221 of 2005).
......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
..
Category: Limitation Law | Date: | Hits: 165
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
....decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 332. ......;……...Petitioners Vs Md. Abdul Aziz & others ..............................Respondents Judgment May 14, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. ......ndra Biswas, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 7. The High Court Division considered the evidence of P.W.3 and the documents Ext.5 and 6 series and held that P.W.3 in his evidence admitted..Category: Property Law | Date: | Hits: 23
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
.... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ...... (2008) 318. ...... the Muslim law. The appellate Court upon allowing the appeal sent back the suit to the trial Court for enabling the plaintiff to deposit the kabala money and further to enable the parties to lead evidence and thereupon for disposal of the suit. As against the judgment and order of the appellate..Category: Property Law | Date: | Hits: 25
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shawkat Ali Khan being heirs, Khan dead his Haider Ali and others……… Petitioners Vs. Ahmed Ali and others …&helli......claiming the land and sought for partition and other reliefs. The findings and decisions of the High Court Division and the Courts below do not suffer from mis-reading or non-consideration of evidence or that mis-construction of document. In that view of the matter we find no me..Category: Property Law | Date: | Hits: 21
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....p; M. M. Ruhul Amin J. - By this petition the petitioner seeks review of this Court's judgment dated 08.03.2005 passed in Civil Appeal No. 81 of 1999 allowing the appeal. 2. Short facts are that the plaintiff filed Title Suit No. 196 of 1977 in the 2nd Court of Munsif (no......or Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Review Petition No. 67 of 2005. (From the judgment and order dated 08.03.2005 passed by the Appellate Division in Civil Appeal No. 81 of 1999). ......wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ..Category: Property Law | Date: | Hits: 31
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......s also Reported in: V ADC (2008) 307 ......ter the decision as to the nature of the document by which transfer has been made, that the trial Court held that the Miscellaneous case was barred by limitation upon due consideration of the evidence but the appellate Court upon proceeding on the wrong premises set aside the finding of the..Category: Property Law | Date: | Hits: 20
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....nbsp; 5. Mr. Abdul Wadud Bhuiyan, the learned Counsel for the petitioners submit that the High Court Division failed to under stand the facts and circumstances of the case and came to a wrong conclusion. He next submits that the High C...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Robiul Islam and others....... Petitioners Vs. Secretary, Ministry of Land, Bangladesh Secretariat......ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
.... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... Present: Md. Ruhul Amin J Md.Tafazzul Islam J Government of Bangladesh, represented by the Deputy Commissioner, Sylhet ........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April 9, 2006. Lawye......aving found that admittedly the suit pathway is being used by the general public of the locality and there is no other alternative way for their passage to Sylhet Tamabil Road and haor and that the evidence of D.W.1 disclosed that the suit pathway was demarcated by a row of trees and irrigat..Category: Property Law | Date: | Hits: 19
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....e, 1st Court, Tangail, in Other Class Appeal No. 47 of 1993 reversing those dated 18.02.1993 by the Subordinate Judge, 2nd Court, Tangail, in Other Class Suit No. 10 of 1992. 2. The relevant facts of the case are that the plaintiff is a landless cultivator and he prayed for settlement of ......e Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ali.........Appellant Vs. Bangladesh and others…….........Respondents Judgment March 13, 2007. Lawye......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..Category: Property Law | Date: | Hits: 25
Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
..... 5. The High Court Division rejected the writ petition summarily upon observing the petitioner filed a title suit before the Court below where the question of title is pending. Under these facts and circumstances we do not find any substance in this application. 6. The learne......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Golam Azim and another……………….Petitioners Vs. Bangladesh......shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ..Category: Property Law | Date: | Hits: 29
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