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Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....correct 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) 407. ......correct 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) 407. ...... the evidence on record adduced by both the parties and as such there has been a miscarriage of justice. 7. We are not impressed by the submissions of Mr. Kazi Shahadat Hossain. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct ..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......ex-parte order for withdrawal of the P.S. Plot No. 1246, Thus claiming his absolute right, title interest and possession in this plot by practising fraud upon the L.A. Officer and on misleading of facts to. withdraw award money in L.A. Case No.138 of 1967-68 and as such, the plaintiff-peti&..Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......Suit No.148 of 1991; that the decree in Title Suit No.148 of 1991 is not binding upon the heirs of Akramullah as they were not made party to that suit and since the plaintiff never got possession, no question of dispossession arose, the suit is liable to be dismissed. 4. Mr. A. J. Moh...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......rming the judgment and order dated 27.03.2001 passed by the Subordinate Judge, Second Court, Sylhet in Miscellaneous (Pre-emption) Case No.191 of 1993 dismissing the pre-emption case. 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecess..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......led the suit on the basis of forged and fabricated agreement for sale. 4. The trial Court on consideration of the materials on record held that the defendant No.1 agreed to sell the land in question for Taka 2,00,000 and that upon receiving Taka 1,40,000 on August 15,1991 executed the agr......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......on certificate case acted as Tadbirkar of the said women i.e. donors. The concurrent finding is that no evidence was led from the side of the defendant No.1 that the donors executed the document in question i.e. deed of gift, having had independent advice about the transaction and being aware of ......donors executed the document in question i.e. deed of gift, having had independent advice about the transaction and being aware of the nature of transaction and the contents of the document. In the facts and circumstances of the case, the burden was on the defendant No.1 to establish that the do..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
....sion over those documents are without jurisdiction; the schedule of the suit land along with sketch map and the Advocate Commissioner's report and the Mutation Khatians prove that the suit land is identical, specific and the plaintiffs have been able to prove the amicable partition of the suit l...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......ge, Magura in Title Appeal No. 76 of 1993 reversing those dated 27-5-1993 passed by the learned Assistant Judge, Mohammadpur, Magura in Title Suit No. 35 of 1987 decreeing the suit. 2. Brief facts leading to the filing of this civil petition are that the petitioners, as plaintiffs, in..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ......t respondents failed to accord approval. Rather they issued aforesaid memo dated 17-11-2002 directing the writ petitioners to dismantle the structures of the writ petitioners from the land in question. Under such circumstances the writ petitioners felt constrained to file the writ peti......ferred this petition seeking leave to appeal against the judgment and order dated 9-5-2005 passed by the High Court Division in Writ Petition No.6305 of 2003 making the Rule absolute. 2. The facts, in short, are, that the respondents as writ petitioners moved the High Court Division under ..Category: Property Law | Date: | Hits: 27
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......declaration has been sought for that the defendant No.1 is a licensee of the plaintiff and for eviction of the defendant No.1 from the property described in schedule B. So, it is seen that the moot question in the suit in question is, whether defendant No.1 is a licensee of the plaintiff. The op......d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ..Category: Property Law | Date: | Hits: 33
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......cision reported in 47 DLR 246 it has been held that for the purpose of granting lease of agricultural land no written document is required tinder section 3(17) of Bengal Tenancy Act, but the facts of the said decision are quite distinguishable with the facts of the present case; the plaint..Category: Property Law | Date: | Hits: 31
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. ......dar reported in 32 DLR (AD) 167 it has been held that an ex parte decree obtained by suppressing summons is a decree obtained fraudulently and, as such, nullity and the decree, which has been questioned in the present miscellaneous appeal, is a nullity; in the present case in a hot haste an......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. ..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......ff obtained an ex parte decree on April 26, 1989 in Title Suit No. 291 of 1985. It may be mentioned the said suit was filed 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 backgr......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 ..Category: Property Law | Date: | Hits: 31
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......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..Category: Criminal Law | Date: | Hits: 99
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... 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. ...... 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. ......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..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......others reported in 2002 BLD (AD) 136 cited by the learned Advocate for the petitioners before the High Court Division are distinguishable from the facts of the instant case as in those cases,, the question as to whether there was any scope of rehearing of a civil revision decided on merit by a r......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..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. ......icle 143 of the Limitation Act, that plaintiffs made the demand for return of possession in the 1st part of Magh, 1395 BS since by that time the mortgage being an usufructuary mortgage, the land in question became free from mortgage, that in case of usufructuary mortgage period of limitation as p......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. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ...... his right in the half of the property by waiver, estoppel and acquiescence appears to be of substance. 20. It is seen from the judgment of the High Court Division as well as the courts below that question of possession in the background of the evidence on record touching maintainability of the s......Evidence Act and that as Abu Sufian, predecessor of the defendant-petitioners, attested the Hukumnama 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 ..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
.... 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. ...... 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. ......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..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 interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......nt i.e. petitioner herein contested the suit denying the contention of the plaintiff as of his being a tenant under the plaintiff and also that he is a co-sharer of the holding i.e. the premises in question and that a partition suit is pending, that there was no agreement of tenancy between the de......ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ..Category: Tenancy Law | Date: | Hits: 165
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ......ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ......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..Category: Property Law | Date: | Hits: 22
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