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Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....igh Court Division discharging the Rule in Civil Revision No. 2637 of 2005. 2. The facts, leading to this petition, are that the respondent No. 1 as plaintiff instituted Title Suit N...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Hazi Salahuddin and others.......Petitioners Vs. Zinnatan Nesa and others........Respondents Ju......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....98 on 20.9.1998. But the Rule nisi was discharged on 10.5.1999. Mr. Habibul Islam Bhuiyan, learned counsel for the petitioner, submits that the High Court Division did not apply its mind to the facts and circumstances of the petitioner's case and failed to appreciate that the petitioner in c......ppellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Moazzam Hossain ..........Appellant Vs. Bangladesh Bank and ors.......Respondents Judgment April 4, 2005. Civil Appeal No. 111 of 1999 ......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....e the Rule absolute and thereby decreed the suit of the plaintiffs in amended form. 3. The learned counsel for the petitioners submits that the lower appellate court, the final court of facts, having found that the suit land has not been specified and that the consideration money of t...... in: IV ADC (2007) 866. ......ons of Section 114(g) of the Evidence Act; the lower appellate court did not advert to the finding of the trial court regarding possession; the finding of possession of the trial Court is based on evidence on record; since the plaintiffs are found in possession of the suit land there is no ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
.... the writ petitioner without filing any affidavit-in-opposition. 5. Leave was granted to consider the submission that the High Court Division erred in law in setting aside the finding of facts arrived at on evidence on record by the Court of Settlement in exercise of its jurisdict......ar Hossain, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 187 of 2000. (From the judgment and order dated 21.10.1997 passed by the High Court Division in Writ Petition No. 1067 of 1993). ......without filing any affidavit-in-opposition. 5. Leave was granted to consider the submission that the High Court Division erred in law in setting aside the finding of facts arrived at on evidence on record by the Court of Settlement in exercise of its jurisdiction under Article 10..Category: Property Law | Date: | Hits: 27
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ase is also Reported in: IV ADC (2007) 849. ......e trial Court for re-hearing in the light of the observation made by the lower appellate Court and with further direction to the trial court for giving opportunity to the parties to adduce further evidence "if it is at all necessary" and also for fresh consideration of the evidenc..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord by the courts below; the submission of the learned advocate of the petitioner that the suit was barred under auction 66 of the Code of Civil Procedure has no application in the facts and circumstances of the present case; the defendant Nos. 1-3 who allegedly purchased th...... in: IV ADC (2007) 841. ......orma defendant No.4 in favour of the defendant Nos. 1-3 prove the ownership of the proforma defendant No.4 in the suit land and the plaintiff is thereby not permitted to deny this fact by oral evidence; the trial court as well as the appellate Court applied erroneous mode of appreciatio..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......orted in: IV ADC (2007) 838. ......at plaintiffs by competent and reliable witness have not been able to prove their basic document on the basis whereof they are claiming the land in suit, that from the plaintiffs' side no reliable evidence was brought on record to show that C.S. khatian was correctly prepared in the name of..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....ons of the learned Advocate of the petitioner that "the learned Single Judge of the High Court Division erred in law in discarding the evidence of the plaintiff in spite of clear proof of the facts regarding talk of sale of the suit land, delivery of possession, receipt of consideratio......in: IV ADC (2007) 834. ....... 4. The leave was granted to consider the submissions of the learned Advocate of the petitioner that "the learned Single Judge of the High Court Division erred in law in discarding the evidence of the plaintiff in spite of clear proof of the facts regarding talk of sale of the suit l..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Shirajul Islam and others….Petitioners Vs. Shoshti Rani and others......Respondents Jud......l and that there was "material irregularity in the certificate proceedings.” 7. It is seen from the materials on record that the lower appellate Court on consideration of the evidence arrived at the finding that certificate case in respect of the land in suit was initiated ..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....un Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Sayeeda Khatun and others 14 DLR (Dacca) 163. 3. For proper appreciation of the questions relevant facts may be stated thus: The property described in the schedule to the plaint belonged to Ism......ip;………..Respondents Judgment January 11, 1982. Cases Referred to: Mst. Khairunnessa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Sayeeda Khatun and others 14 DLR (Dacca) 163. Lawyers Involve......for him to put thumb impression. They claimed to be in possession of the property as Ismail Gazi's legal heirs and according to their legal shares. 4. The trial Court on consideration of the evidence led by the parties accepted the case of plaintiff. The learned Subordinate Judge found the..Category: Trust/Waqf Law | Date: | Hits: 171
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....passing the order of transfer of the case from one tribunal to another tribunal has gone contrary to Section 4(4) of the Ain and as it is liable to be set aside. For that in view of the facts that earlier the High Court Division having passed order in consonance to with Section 4(4) ...... ......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. ..Category: Criminal Law | Date: | Hits: 47
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....f the deed of heba-bil-ewaz dated 20.3.82 exceeded the direction of the High Court Division and further, the principle laid down in the decision reported in 35 DLR(AD) 225, being inconsistent with facts of the present case, is not applicable in the present case and accordingly the pre-emptor, be......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Haji Ebad Ali Akanda and others…………….Petitioners Vs. H......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. ..Category: Property Law | Date: | Hits: 34
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....ision in S.A. No.302 of 1979 rejecting the application for restoration of S.A. No. 302 of 1979 which was dismissed for default for non-compliance of the court's order dated 19.07.2001. 2. Short facts are that the matter came up before the lawazima Bench of the High Court Division on 20.02.2001......K. Saha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 938 of 2005 (From the judgment and order dated 19.03.2005 passed by the High Court Division in S.A. No. 302 of 1979). Judgment ......cord arrived at 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: IV ADC (2007) 782. ..Category: Procedural Law | Date: | Hits: 97
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....king leave to appeal against the judgment and order dated 25th March, 2003 passed by a Single Bench of the High Court Division in Civil Revision No. 5731 of 2001 discharging the Rule. 2. The facts, leading to this petition, are that the plaintiff-respondents filed Other Suit No. 161 of 200......hellip;……………………………………………Petitioner Vs. Md. Abu Bakar Siddique Khan and others......Respondents Judgment July 11, 2006. Lawyers Involved: M......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)
....e to appeal is directed against the judgment and order dated 24.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 4787 of 1997 discharging the Rule. 3. Short facts are that the plaintiffs instituted Partition Suit No. 29 of 1986 in the Court of Munsif ...... Lawyers Involved: Abul Quasem, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 1368 of 2004 (From the judgment and order dated 24.04.2004 passed by the High Court Division in Civil Revision No. 4787 of 1997). ......sp; duly served by the process server in presence of Mukabela witnesses and as such the petitioner was aware institution of the suit and he date of ex-parte decree. Both the parties’ adduced evidence in the miscellaneous case and the trial court dismissed the case. On appeal, being miscell..Category: Property Law | Date: | Hits: 24
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....p in the matter earlier but coming to know of the fact they paid the balance amount of salami with interests on 26.10.1987. But the Additional Deputy Commissioner (Revenue) without considering the facts and circumstances by order dated 20.02.1989 cancelled the settlement and hence was the suit. ...... Appellate Division (Civil) Present Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mst. Mariam Bibi.............. Petitioner Vs. Shiraj Madbar and others.........Respondents Judgment August 1, 2006. Lawyers Involved: ......good faith paid the amount to the tashilder who did not pay the same in the treasury and that coming to know the fact they paid the amount in full. 11. The trial Court after considering the evidence held: - (Bengali…………..) 12. The submission that ..Category: Property Law | Date: | Hits: 25
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... 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 the petitioner filed the above mentioned writ petition challenging Memo dated ......abir Chowdhury J Abdur Rahim………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Power, Energy and Mineral Resources, Bangladesh Secretariat Building, Ramna, Dhaka-1000 & others ..................espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....e to appeal is directed against the judgment and order dated 14.01.2002 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 ......torney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 282 of 2004. (From the judgment and order dated 14.01.2002 passed by the High Court Division in Writ Petition No. 2382 of 1999). ......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. ..Category: Property Law | Date: | Hits: 26
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ...... ...... elected to have the machinery and the stock surveyed privately by a foreign expert along with other local engineers, they can prove the result of that survey, whatever it is worth, by leading evidence. So the prayer of the plaintiff seeking local investigation after lapse of six years has n..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....n record arrived at the finding "the plaintiffs have failed to prove that the accident took place at 5.30 A. M. on 13.5.86 due to negligence of the Master of M. V. Shainpukur-1. In view of the facts and circumstances of the case and materials on record I am of the view that plaintiffs have f...... Reported in: IV ADC (2007) 735. ......the vessel at 5 A. M., then 10 Ansars were in the vessel. 6. Both the parties filed documents in support of their respective case. The High Court Division about the quality of the oral evidence brought before the Court through the deposition of P. Ws. 1-6 observed that P.W.1 at the t..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
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