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....death of plaintiff's husband defendant No.1 began to misbehave with the plaintiff and asked her to quit the house and stay elsewhere. He also disclosed that he would not deliver crops of her land. He also disclosed to have acquired title to the properties of the plaintiff by way of a deed o......being dead her heirs: Md. Abdul Gofur Shah and others ……………Opposite‑Parties
Judgment
August 5, 1992.
Result:
The Rule stands discharged.
Cases Referred to-
Rokeya Khatun Vs. Alijan Bepari and others, BLD 1982 (AD) 139; 33 DLR (AD) 1;...... Gofur Shah and others ……………Opposite‑Parties
Judgment
August 5, 1992.
Result:
The Rule stands discharged.
Cases Referred to-
Rokeya Khatun Vs. Alijan Bepari and others, BLD 1982 (AD) 139; 33 DLR (AD) 1; Siddique Ahmed Chowdhury and o......n Vs. Alijan Bepari and others, BLD 1982 (AD) 139; 33 DLR (AD) 1; Siddique Ahmed Chowdhury and other Vs. Gani Ahmed and others, 33 DLR (AD) 1.
Lawyers Involved:
Md. Asaduzzaman, Advocate‑For the Petitioner.
Md. Abdul Momin Talukdar, Advocate‑For the Opposite‑Parties.
Civil ..
Category: Evidence Law | Date: | Hits: 7
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....4 in the Court of Munsif, Sadar Court, Gopalganj against Md. Ruhul Amin Molla and this petitioner as defendants praying for decree of declaration of title and recovery of Khas possession for the suit land described in the schedule to the plaint. The said suit was contested by the said Ruhul Amin Mol...... BLT (HCD) (2010) 305. ......d judgment and order moved this Court and obtained the instant Rule. 3. The opposite parties contested the Rule by filing a counter affidavit denying the allegations made in the plaint contending that the petitioner being a minor was living with and under the care of his brother-in-law at Gopalga......ite Parties Judgment July 11, 2010. Result: The Rule is discharged. Case Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 51. Lawyers Involved: None appears -For the Petitioner. S.N. Goswami, Advocate - For the Opposite parties. Civil Revision No.798 of..Category: Procedural Law | Date: | Hits: 28
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....hould not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore for a deÂclaration to the effect that the suit land where, a cattle market sits once in a week is not a hat within the meaning under section 2 of t......angladesh, reÂpresented by the Deputy Commissioner, Jessore & another……………………………Opposite Parties Judgment February 6, 1983. Result: The rule is discharged. Cases Referred to- Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrasa, 16 DLR (S......ore on 18.6.79 in Misc. Appeal No.6/79 affirming the Judgment and order of the Munsif, 2nd Court Jessore passed in Title Suit No.839/78 on 16.1.79 should not be set aside. 2. Facts, in short, are that the plaintiffs petitioners filed Title Suit No.839/78 in the Court of 2nd Court Munsif, Jessore ......rs. In the result, the rule is discharged, howÂever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ..Category: Property Law | Date: | Hits: 19
....hereafter, Jamiruddin Mir came to reside with his step brother Arman Mir and that both of them acquired sepaÂrate independent properties. Subsequently there had been a partition between the superior landlords under the Estate Partition Act in which the personal properties acquired by Arman Mir were......ppellants
Vs.
Abul Hossain Mir, being dead, his heirs: Abdus Sobhan Mir & others…………………Respondent
Judgment
March 30, 1983.
Result:
This appeal is dismissed.
Cases Referred to-
17 DLR (SC) 398; 14 DLR 725; 27 DLR 589.
Lawyers Involved:
Shehabullah wi......gment and decree passed by the learned Additional District Judge, Comilla (Tripura) affirming those of the learned SubÂordinate Judge, Comilla in a suit for partition.
2. Plaintiffs have alleged that the suit properties belonged to Arman Mir and Jamiruddin Mir and that the two brothers who were ......nt
Judgment
March 30, 1983.
Result:
This appeal is dismissed.
Cases Referred to-
17 DLR (SC) 398; 14 DLR 725; 27 DLR 589.
Lawyers Involved:
Shehabullah with Moqbul Ahmed - For the appellants.
A.KM. Shafiqur Rahman with Faruque Ahmed - For the respondents.
..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
.....1986, 1921 dated 11.03.1986, 1922 dated 11.03.1986 and 1923 dated 11.03.1986 respectively. Thereafter the suit property was ultimately devolved upon Md. Shafat Imtiaj who transferred 0.0108-acres of land to Haji Shamsul Huque on 18.05.2003 and said Haji Shamsul Hoque got approval of the plan from R......rder. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......sed in Settlement Case No.362 of 1989 dismissing the case for non prosecution at the instance of Respondent No.5 without discussing the matter on merit. 3. Short facts of the petitioners case are that the case property originally belonged to one Janaki Ballav Dutt, who made a registered will in f......Reported in: 30 BLD (HCD) (2010) 212. ..Category: Procedural Law | Date: | Hits: 24
....tones is damaging the layers of the soil, changing the flows of the rivers and affecting adversely their navigability, increasing the risks of floods and eroding river banks and adjacent agricultural lands. Such havoc of pollution as created by the use of the mechanized excavators is not only causin......…………..Petitioner
Vs.
Government of Bangladesh and others…………………………………Respondent
Judgment
January 14, 2010.
Result:
The Rule is made absolute.
Cases Referred to-
Dr. Mohiuddin Farooq Vs. Bangladesh, (1997) 49 DLR (AD) 1; Rural Litigation and......dents to show cause as to why they should not be directed in line with the applicable laws and rules as mentioned in the cause title to protect the rivers Piain, Dawki and Dhala flowing through Goainghat and Companygonj Upazilas of Sylhet district from the use of mechanized excavators (Annexure-F) a...... Pradesh, AIR 1985 SC 652; Rural Litigation and Entitlement Kendra and Others Vs. State of Uttar Pradesh and Others, AIR 1987 (SC) 359.
Lawyers Involved:
Probir Neogi with Mr. M. Iqbal Kabir - For the petitioner.
Subrata Chowdhury - For Respondent No.12.
Dr. A.K.M. Ali - For Respondent N..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
.... as plaintiff filed Partition Suit No.69 of 2003 in the Court of Joint District Judge, 2nd Court, Chittagong for partition claiming 2/3rd share in the suit property stating, inter alia, that the suit land measuring 1.66 acres under revisional settlement plot No.490 originally belonged to one Jal Fak......u Sayed and others……………………………….Defendant Opposite-Parties Judgment March 29, 2006. Result: The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the trial and if no injunction is granted that w......others……………………………….Defendant Opposite-Parties Judgment March 29, 2006. Result: The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the trial and if no injunction is granted that would cause i......€¦â€¦â€¦.Plaintiff-Petitioner Vs. Abu Sayed and others……………………………….Defendant Opposite-Parties Judgment March 29, 2006. Result: The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the tr..Category: Procedural Law | Date: | Hits: 26
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....and Farid, who 5/6 minutes after died. This witness also stated that he saw the marks of bullet injury on the chest of his brother Abdul Motlib. This witness denied the defence suggestion that out of land dispute he falsely deposed against the accused persons. 24. P.W.10, Constable Montaz Ali sta......Involved: Md. Mozammel Huq, Deputy Attorney-General with Md. Iqbal Hossain, Assistant Attorney-General with Mahfuza Begum, Assistant Attorney-General - For the State Respondent. Md. Abul Bashar, Advocate, State Defence Lawyer - For the Condemned Prisoner (Moinuddin). MC Chowdhur......e, 3rd Court, Sylhet for confirmation of the sentence of death imposed upon the condemned prisoner Moinuddin in Sessions Case No.51 of 1997 arising out of GR Case No.13 of 1995 corresponding to Kanaighat Police Station Case No.1(3)95 for commission of the offence punishable under section 302 of the ......3 is rejected. The Jail Appeal No.361 of 2003 is dismissed. The Criminal Appeal No.2140 of 2003 and Jail Appeal No.497 of 2003 are allowed. Lawyers Involved: Md. Mozammel Huq, Deputy Attorney-General with Md. Iqbal Hossain, Assistant Attorney-General with Mahfuza Begum, Assistant Attor..Category: Criminal Law | Date: | Hits: 24
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....338 and C-339 covering a area of 7(seven) kathas within Khilgoan mouza appertaining to CS Plot Nos.557 and 559 within the city of Dhaka and after such allotment the delivery of possession of the said land was made over in favour of Nazar Ali on 20-11-74, thereafter on 29-9-81 Nazar Ali entered into ......ssain J Ashek Ali (Md.) and others……………Appellants Vs. Abdul Gaffar & others……………Respondents Judgment October 27, 2010. Result: The appeal is allowed. Cases Referred to- Ghulam Muhd. Shah Vs. Fateh Muhammad Shah, 7 DLR (FC) 70; Jagdeo Sharma Vs. Nan......r 27, 2010. Result: The appeal is allowed. Cases Referred to- Ghulam Muhd. Shah Vs. Fateh Muhammad Shah, 7 DLR (FC) 70; Jagdeo Sharma Vs. Nandan Mahto, AIR 1982 (Pat) 32 and Nurun Nessa Khatun Vs. Saleha Rahman, 26 DLR 347. Lawyers Involved: Mosiul Alam, Advocate - For the Appella....... Shah Vs. Fateh Muhammad Shah, 7 DLR (FC) 70; Jagdeo Sharma Vs. Nandan Mahto, AIR 1982 (Pat) 32 and Nurun Nessa Khatun Vs. Saleha Rahman, 26 DLR 347. Lawyers Involved: Mosiul Alam, Advocate - For the Appellants. Dr. M Zahir with Fazlul Karim Chowdhury - For the Respondent Nos.1-4.&nb..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....Kumar, predecessor of plaintiff No.3 being the sons of one Debendra Nath Ghose inherited 3/5th share of the property left by him. Before his death Debendra Nath purported to make a gift of his entire land in favour of plaintiff Nos.1, 2 and Arun Kumar and put them in possession thereof. Arun Kumar h......e shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ...... the plainÂtiffs. It is directed against a judgment and decree of the learned Additional District Judge, Patuakhali in Title Appeal No.37 of 1978 reversing those of the learned Subordinate Judge of that place in Title Suit No.102 of 1976. 2. The petitioners, as plaintiffs, brought the suit for a......ka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD). Lawyers Involved: P.C. Guha, Advocate - For the Petitioner. Shamsul Alam, Advocate - For the Opposite Party No.4. Civil Revision Case ..Category: Property Law | Date: | Hits: 64
....er Nos.1(a)-(b), 6(a)-(b) and petitioner Nos.2-5 instituted a suit for perpetual injunction against the opposite parties in the Third Court of Munsif at Jessore on the averments, inter alia, that the land as described in Ka and Kha schedules of the plaint originally belonged to Kalipada Nath and Sud......™ records.
Ed.
This Case is also Reported in:
......petitioner Nos.1(a)-(b), 6(a)-(b) and petitioner Nos.2-5 instituted a suit for perpetual injunction against the opposite parties in the Third Court of Munsif at Jessore on the averments, inter alia, that the land as described in Ka and Kha schedules of the plaint originally belonged to Kalipada Nath...... by his heirs Shimul Debnath and Others...........................................Petitioners
Vs.
Government of the People’s Republic of Bangladesh represented by the Deputy Commissioner, Jessore and another…………….Opposite Parties
Judgment
October 2, 2012.
Result:
The R..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....1-3-1986, 1921 dated 11-3-1986, 1922 dated 11-3-1986 and 1923 dated 11-3-1986 respectively. Thereafter the suit property was ultimately devolved upon Md. Shafat Imtiaz who transferred 0.0108 acres of land to Haji Shamsul Huque on 18-5-2003 and said Haji Shamsul Huque got approval of the plan from RA......rder. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......d in Settlement Case No.362 of 1989 dismissing the case for non prosecution at the instance of responÂdent No.5 without discussing the matter on merit. 3. Short facts of the petitioners case are that the case property originally belonged to one Janaki Ballav Dutt, who made a registered will in f......amsul Haque, 56 DLR (AD) 101; Sanatannessa Bewa Vs. Haipatullah Sarkar, 41 DLR (AD) 105; Mian Ahmed Kibria Vs. Government of Bangladesh, 18 BLD 459; Shamima Begum Vs. Chairman, Court of Settlement reported in 52 DLR 456; Cljand Miah Talukder Vs. Chairman, Court of Settlement, Bangladesh Abandoned Bu..Category: Property Law | Date: | Hits: 66
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....risur Rahman, further submits that the respondent bank being a secured creditor acted malafide in filing suit under Bankruptcy Act, 1997 without disclosing of the actual market price of the mortgaged land, which is clear violation of section 12(2) of the Act and hence, the proceeding is without lawf......t Jurisdiction Since the Bankruptcy Act is a special law and special provision having been provided in section 96 of the Bankruptcy Act, 1997 for preferring appeal against the Judgment and decree passed by the Bankruptcy Court and therefore, the question of entertaining an application under Artic......is Rule. On 24-6-1999 the respondent No.2 as plaintiff bank filed Bankruptcy Suit No.14 of 1999 in the Bankruptcy Court, Dhaka against the petitioner and 5 others impleading him as defendant No.6 in that suit for declaration that the defendants are defaulters to the plaintiff bank for loan outstandi...... 9, 2007. Result: The Rule is discharged. Writ Jurisdiction Since the Bankruptcy Act is a special law and special provision having been provided in section 96 of the Bankruptcy Act, 1997 for preferring appeal against the Judgment and decree passed by the Bankruptcy Court and therefore, t..Category: Procedural Law | Date: | Hits: 114
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....7-8-2006 affirming execution of aforeÂsaid share transfer forms in favour of the plaintiffs. Accordingly, the plaintiffs have become 100% ownÂers of the shares in the said company as well as of the landed and other properties, including the cold storage and in the machineries owned by the said com...... the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......ting the defendants to maintain status-quo for a period 6 (six) months and prohibiting from taking any step in respect of the suit cold storage. 2. Facts relevant for disposal of this appeal, are that, one Syed Shakhwat Hossain and four others, who are Respondent s Nos.1-5 before this Court, file......August 21, 2011. Result: The appeal is allowed. Cases Referred to- Mozher Sowdagar Vs. Md. Zahirul Islam, 8 BLD 1999 (AD) 29=40 DLR (AD) 62. Lawyers Involved: Md. Azizul Haque, Senior Advocate and Shamshed Banu, Advocate - For the Defendant-Appellant. Md. Abdul Malek with..Category: Administrative Law | Date: | Hits: 212
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ........................Petitioner Vs. Al-Arafah Islami Bank Ltd. and others ………………….Respondents Judgment November 20, 2008. Result: The Rule is discharged without any order as to cost. Lawyers Involved: ARM Shahidul Islam, Advocate — For the Petitioner. Kazi Md.......f petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-4-2005 respondent No.1 Al-Arafah Islami Bank Ltd., Moulvi Bazar Branch, (briefly as Bank) ......m.......................Petitioner Vs. Al-Arafah Islami Bank Ltd. and others ………………….Respondents Judgment November 20, 2008. Result: The Rule is discharged without any order as to cost. Lawyers Involved: ARM Shahidul Islam, Advocate — For the Petitioner. Ka..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
....2002, in the Third Court of Joint District Judge, Dhaka, impleading the petitioner and opposite party Nos.3-33 as defendants, for partition of ejmali property claiming their right over 50 decimals of land lying within plot No.1276 and 1449 as described in the Schedule 'Ga' of the plaint. On transfer......Vs. Abdul Barek Chowdhury and others………………………………………………………..Opposite parties Judgment August 29, 2006. Result: The Rule is made absolute. Cases Referred to- Nurul Islam Vs. Md. Abdur Rashid and others, 37 DLR (AD)32; Morsalin (Md.) and ......d others, 37 DLR (AD)32; Morsalin (Md.) and others Vs. Nurul Huda and others, 48 DLR 593; Naba Kumar Das and others Vs. Rudra Narayan Jana and another, A.I.R.1923 (P.C.) 95; Md. Hanif Ali Vs. Hajera Khatun and others, 22 BLD (HCD)217; Madhai Amthalal Vs. Amthalal, AIR 1947(Bombay)166. Lawyers Inv......BLT (HCD) (2007) 300. ..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
.... opposite parties. Civil Revision No.123 of 2000. Judgment Md. Emdadul Huq J.- The dispute in this Civil revision is about ejectment of the opposite parties (defendants) from certain land as licensees. The issue is whether the Courts below committed an error of law occasioning in fa...... others…………………………Petitioners Vs. Felu Hossain and others………………………Opposite parties Judgment August 10, 2009. Result: The Rule is discharged. Cases Referred to- Abdus Samad Vs. Deputy Commissioner and Custodian of vested and non-resident pr...... is about ejectment of the opposite parties (defendants) from certain land as licensees. The issue is whether the Courts below committed an error of law occasioning in failure of justice in deciding that the defendants-opposite parties are not licencees and therefore not liable to be ejected. An inc......DLR (2002) 523; Chinman and others Vs. Ranji Thammal, AIR 1931, Madras-216; Para Abdullah Bhai and others Vs. Ahmad Din 16 DLR (SC) (1964) 169. Lawyers Involved: Mst. Khaleda Zaman, Advocate - For the petitioners. Md. Faruque Ahmed, Advocate - For the opposite parties. Civi..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....that (a) the registered deed No.3118 dated 2.2.1978 of District Registration Office, Jessore was not binding upon the plaintiffs and (b) that the plaintiffs were the owners by inheritance of the suit lands. Subsequently by an order dated 27.1.1996 the aforesaid declarations were substituted for the ......s records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......me Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Delwar Hossain J Md. Abul Kashem and others……………………………Petitioners Vs. Mst. Robila Khatoon and others……………………………Opposite parties Judgment February 25, 2010.......s. Mst. Robila Khatoon and others……………………………Opposite parties Judgment February 25, 2010. Result: The Rule is made absolute. Cases Referred to- Jute Trading Corporation Ltd. Vs. Khona Rani Goha digested in 5 BSCD 264 Abdul Hamid Molla Vs. Md. Abdul Hye and o..Category: Property Law | Date: | Hits: 52
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....s Case No.16 of 1979, alleging, inter alia that he is co‑sharer by purchase to the case jote and the pre‑emptee opposite party No.1 is a stranger thereto. Opposite party No.2 transferred the case land to Opposite Party No.1 by a registered Kabala dated 9‑2‑77 at a consideration of Taka 2000.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioners Vs. Md. Shamsuddin………………………………….Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Case Referred to- Md. Matiur Rahman Vs. Md. Iman Ali and others, 1981 BLD (AD) 280. Lawyers Inv...... 2. Abdur Rashid Bhuiyan, predecessor-Âin‑interest of the petitioners, filed a case for pre‑emption under section 96 of the SAT Act, being Miscellaneous Case No.16 of 1979, alleging, inter alia that he is co‑sharer by purchase to the case jote and the pre‑emptee opposite party No.1 is a str...... June 24, 1997. Result: The Rule is made absolute. Case Referred to- Md. Matiur Rahman Vs. Md. Iman Ali and others, 1981 BLD (AD) 280. Lawyers Involved: AHM Ziauddin, Advocate ‑ For the Petitioners. Santi Ranjan Karmaker, Advocate ‑ For the Opposite Party. Civil Revision..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....itioner filed Title Suit No.84 of 1986 in the Court of the Assistant Judge, Kumarkhali Upazila, Kushtia for a declaration that the defendant Nos.1 and 2 are his Benamders and he has title in the suit land. The plaintiff‑petitioner alleged in his plaint, inter alia, that he by registered kabala dat......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Md. Abdul Hye and others…………………………………….Opposite Parties Judgment July 1, 1997. Result: The Rule is discharged. Cases Referred to- Hamidullah Talukdar & others Vs. Muslim Khan and others, 8 DLR 606; 13 DLR ......ersing the Judgment and decree dated 29‑8‑89 passed by the Assistant Judge, Kumarkhali, Kushtia in Title Suit No.84 of 1986 decreeing the suit. 2. The fact involved in this case, in brief, is that the plaintiff‑petitioner filed Title Suit No.84 of 1986 in the Court of the Assistant Judge, K......ule is discharged. Cases Referred to- Hamidullah Talukdar & others Vs. Muslim Khan and others, 8 DLR 606; 13 DLR (SC) 228; 39 DLR (AD) 46. Lawyers Involved: Abdul Hamid, Advocate ‑ For the Petitioner. Md. Abdul Haque, Advocate ‑ For the opposite parties. Civil Revision No.3..Category: Civil Law | Date: | Hits: 59
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