Judgment : High Court Division Full List
 
Case Type
Case/Tender Number
Year
Parties
Short Description
 

Case Number Parties Short Description
601
Mosammat Morjina Begum and others Vs. Haji Md. Fazlul Haque Matbor alias Fazal Meah and others.
Absolute.
602
Md. Amir Hossain -Versus- The State and another
603
Mohammad Nurul Azim -Versus- The State and another
604
Sree Makhan Lal Bhowmik being dead his heirs- Manik Chandra Ghosh Vs. Enayatullah and others
605
Abdul Motaleb Sardar and another Vs. Md. Jahangir Hossain Howlader and others
606
Afizuddin being dead, his legal heirs: Akter Hossain and others. -Vs- Md. Abdul Haque and others.
Simple suit for declaration that the Judgment and decree dated 06.08.1970 passed in Other Class Suit No. 317 of 1969 is null and void without making a further prayer for declaration of title and confirmation of possession is not maintainable. In a suit for cancellation of a decree passed by a competent court, it is incumbent upon the plaintiff to prove by cogent evidence the decree was obtained by fraud practicing. According to Section 90 of the Evidence Act, it is the duty of the plaintiffs to prove that the defendants have created forged documents and procured the Judgment and decree dated 06.08.1970 in Other Class Suit No.317 of 1969 collusively and fraudulently though the documents were more than 30 years old.
607
Abdur Rashid Bepary being dead his legal heirs; 1(a) Jahanara Begum and others Vs. Abdul Ohab Khan being dead his legal heirs 1. (Ka) Md. Shajahan Khan and others
If a property is sold subject to an option of repurchase within a stipulated time, the agreement to reconvey may be specifically enforced if the vendor exercises his option within the stipulated time. A sale with a condition of repurchase can be carefully distinguished from a mortgage by conditional sale. Right to repurchase is lost if it is not exercised within the stipulated time. Where in a deed of sale, an option of repurchase is given to the vendor within a stipulated time with further stipulation that on failure to exercise the option or to fulfill the terms thereof within the stipulated time the agreement for resale would stand canceled, the option of repurchase is in the nature of a concession or privilege which is available only if the condition is strictly complied with.

The facts and circumstances of this case clearly reveals that the transactions were not mortgages but out and out sales with an agreement to reconvey within five years from 07.08.1961 which were not alive and subsisting on the date of promulgation of President’s Order 88 of 1972, i.e. on 03.08.1972 and accordingly, the ratio settled in 1 BLC (AD) 90 is applicable in this case and the case reported in 24 BLC (AD) 4 cannot help the plaintiff-petitioners. Accordingly, the plaintiffs have no legal right and locus-standi to institute the present suit for declaration of title to and redemption of the suit land.


The principles of law deduced by our Apex Court is very clear that the trial Court would insist imperatively on examining the party at the first hearing so that bogus litigation can be shot down at the earliest stage and if the ultimate result of the suit is as clear as daylight such a suit should be properly buried at its inception so that no further time is consumed in a fruitless litigation. If the plaintiff does not have any legal character/interest in the suit property, in such a situation, the plaint can be rejected by resorting to the provision of section 151 of the Code of Civil Procedure.
610
Shah Azizur Rahman and other Vs. Saleha Parvin and others
Appeal is disposed of.
611
Md. Alamgir Kabir -Versus- Sohaiba Akter Subarna
Disposed of
612
Abdul Khaleque and others Vs. Lotimon Bewa being dead her legal heirs: Tofazzal Hossain and others.
Discharged as being infructuous
613
M/S. Rubeda Trading Vs. U M Cables limited, represented it it`s CEO and CFO 1/1/3, Chainchpada, Silvassa-396230(U.T. OF D.
614
Md. Alauddin Dhali and others. Vs. Md. Sadek Ali and others.
Absolute.
615
M/S. Haji Ship Breaking Industries Vs. Member-Secretary NBR and others.
Disposed of
616
M. Moazzem Hossain Vs. Mr. Rabiul Hasan and others.
Discharged
617
Continental Homes Ltd. and another Vs. Md. Abul Hasem and others.
Disposed of
618
Mobarak Ali Howlader and others. Vs. Abdul Aziz Howlader and others.
Disposed of
619
Begum Khaleda Zia VS The State
Rule absolute
620
Begum Khaleda Zia VS The State
Rule absolute
621
Begum Khaleda Zia VS The State
Rule absolute
622
Begum Khaleda Zia VS The State
Rule absolute
623
Begum Khaleda Zia VS The State
Rule absolute
624
Begum Khaleda Zia VS The State
Rule absolute
625
Babul Bhuiyan being dead his legal heirs Tamanna Begum and others Vs. Md. Didar Mulla and others
Rule is discharged.
626
Begum Khaleda Zia VS The State
Rule absolute
627
Zafar Ahmed Chowdhury Vs. Bangladesh represented by the Secretary, Ministry of Information
Appeal is dismissed
628
Begum Khaleda Zia VS The State
Absolute
629
Md. Nasib Ali and others Vs. The State
630
Rajkumar Paul -Vs- Pachibala Paul being dead, his legal heirs: Santosh Kumar Paul and others.
Since the suit deed is a registered document, it is a strong presumption that the alleged deed is a genuine instrument. The findings for cancellation of the deed are beyond the pleading and the materials on record, which is not at all sustainable in the eye of the law. So, the appellate court below, without considering the plaint, decreed the suit, which is barred under Order VI Rule 7 of the Code of Civil Procedure.
631
Md. Nurul Islam and others Vs. Md. Afzal Hossain being dead his heirs- Most. Atia Begum and others
632
Babul Ghosh Vs. The State and another
633
Babul Ghosh Vs. The State and another
634
Zobed Ali Sarker being dead his heirs- Md. Anowarul Islam and others_Vs_Government of Bangladesh, represented by the Deputy Commissioner, Rajshahi, and another
635
Md. Mobin Ul Islam_Vs_Most. Nahida Akhter Shandaand others
636
Asma Akter_Vs_Khaleda Akter
637
Khairul Islam and others_Vs_Hafez Ahammad Mijiand others
638
Md.Abu Hossain alias Robiul Hossain and others-Vs- Mobi Boksha being dead, his heirs Khoka Mia and others
639
Ashutosh Majumder and another-vs-Paritosh Majumder and others
640
Md. Mohabbot Ali -Versus- Most. Suraton Nesa
Disposed of
641
Tarek Ejaj alias Sohel -Versus- Monir Jahidul Islam and others
Discharged
642
Fatema Rahman and others -Versus- Abul Kalam Molla and others
Discharged
643
Fani Bhushan Biswas and another -Versus- Surendra Nath Mallik and another
Discharged
644
Acorn Limited and another -Versus- Bangladesh Bank and others
Appeal dismissed and Rule discharged
645
Mohd. Anowarul -Versus- Southeast Bank Limited and others
Appeal dismissed and Rule discharged
646
Khaleda Yasmin @ Khaleda Begum, wife of Salimullah Ahmed, At Present: Flat No. 3-201, Eastern Eden, 3/A, Purana Paltan, P.O.-G.P.O, P.S. Shahbag, District- Dhaka and another.-Vs-Md. Abdul Kader Khan, son of late Dil Mohammad Khan alias Deen Mohammad Khan of Village- Amulia (West Side of Abdur Razzak High School), P.O. and P.S. Demra, District- Dhaka and others.
Appeal Dismissed and rule Discharged
647
Mohammad Hossain Chowdhury being dead his heirs and successors- Iqbal Hossain Chowdhury and others Vs.Md. Rajib Hossain and others
648
Rajdhani Unnayan Kartipakkha (RAJUK) represented by its Chairman, RAJUK Bhaban, RAJUK Avenue, Motijheel, Dhaka-1000.-Vs-Social Islami Bank Limited, Principal Branch, 15, Dilkusha Commercial Area, Police Station- Motijheel, Dhaka-1000 and another
Appeal dismissed and rule discharged
649
Dr. Sayed @ Dr. Sayed Mohammad Rijvee VS The State
650
Abdus Salam VS The State
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