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Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... in the impugned judgment regarding actions of the respondents based on paper clippings are not legally maintainable. 14. It appears that the High Court Division intended not to go into the disputed question of facts but at the same time expressed their disapproval to the police actions a......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....between the parties. The amendment has therefore, been rightly disallowed. 8. From the pleadings of the parties, it is clearly discernible that both the parties are co-sharers to the disputed holding by purchase and exchange. The only question that is raised and calls for dete......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....earned Counsel for the petitioner and Mr. Abdul Wadud Bhuiyan, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the opposite party No.1, the present petitioner took loan of Tk.25 lacs from Janata Ba......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
.... finding of the High Court Division there is hardly any cope to argue that in absence of any for partition the suit for declaration and recovery of possession was incompetent. 11. In view of the undisputed record of rights and payment of rent by the plaintiffs and oral and documentary evidence th......laintiffs by force on 09.01.1992 and illegally entered into the suit land and constructed some kucha houses on the suit land. Plaintiff A.N.M. Obaidul Islam made a waqf of the land comprising of S.A. khatian No.197 and S.A. plot No.298/303 and he worked as Mutwlli of the said waqf Estate. Remaining ..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ...... leaving behind her two brothers Nuruddin and Fazlu Mia as her heirs. Fazlu died leaving Nuruddin as his only heir. In this way Nuruddin acquired title in respect of 1.10 acres of land in both the khatians. Out of those 1.10 acres of land government acquired .38 acres of land for Faridpur-Barisa..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....3 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the disputed land measuring .09 acres in Chandina Jote right under the Court of Wards on behalf of one ...... of land. That on 29.02.1975 the plaintiffs for the first time came to know that out of the said land .07 acres was recorded in their names while the rest .02 acres was wrongly recorded in the khas khatian of the government. During the pendency of the suit defendant-respondent No.2 dispossessed ..Category: Property Law | Date: | Hits: 46
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....e, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injunction against the Government is not maintainable by such......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....Deputy Attorney-General for the appellants and Mr. Rafiqul Huq, the learned Counsel for the respondent and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that in respect of LA Case No.32 of 1967 and LA Case No. 61 of 1957-58 gazette notificati...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....after hearing the parties discharged the rule. 4. Leave was granted to consider whether the High Court Division was correct in interpreting section 283 of the Succession Act. 5. Facts are not disputed. The only question is whether the respondent could be added as a party in the proceeding un......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....on but was a fabricated document. 5. There is no direct evidence about the assault upon the deceased, Mahmuda; but the injuries found on her person which ultimately resulted in her death are not disputed by the defence whose only suggestion is that the injuries were caused by some other perso......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....itution of Bangladesh, 1972 (as amended upto-date) Articles 102 & 103 A mere denial by the respondent of a fact in issue raised by the petitioner in a writ petition will not render that fact a disputed fact but if the assertion made by the petitioner is not supported by materials to the satis......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....ed Counsel for respondent Nos.1-3 and Mr. Jillul Huq, the learned Counsel for respondent Nos. 4-7 and perused the judgment of the High Court Division and other connected papers. 5. It is not disputed that the Title Suit No.73 of 1976 brought by predecessors of plaintiffs in the First Court......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....d. It appears from the evidence of P.W. Sheikh Saber Ali who was Senior Post Master attached to Dhaka General Post Office during the relevant period that in the ledger book in question containing the disputed account the figure '100' was turned to 35,100/- adding the figure 35 before the figure 10...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....e Additional Commissioner, Rajshahi and by order dated 18.10.1979, he found that the land in suit of Anil Ranjan against Monindra Nath Pramanik and the recording of Monindra's name as tenant of the disputed land and sale set aside Case No. 319 of 1960-1961 are all managed collusive and fraudulent......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....other learned Advocate and not by the appellant's learned Advocate Mr. M.K. Rahman who was engaged to represent the appellant in the First Appeal. The contention so made appears correct since the undisputed position is that while compromise petition was filed before the High Court Division the ap......e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ves in separate mess. 4. The trial Court on consideration of the evidence of the parties, both oral and documentary, arrived at the findings that the plaintiffs have filed C. S and S. A khatians and Government Dakhilas showing payment of rent upto 1389-90 B. S. that the plaintiff..Category: Property Law | Date: | Hits: 23
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....andakar Mahbubuddin Ahmed (with Mr.S.M. Munir) the learned Counsels for the respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the writ petitioner respondent No.1 joined in the Department of Architecture, B...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....he appellant and Mr. Md. Nawab Ali, the learned Advocate-on-Record for the respondent Nos. 1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the suit land belonged to defendant No. 2. The case of the plaintiff is that the def......rchased some land out of suit jama from Devendra Nath. P. W. 4 who is said to be borgader of the plaintiff in the suit land stated that the defendant No.1 cultivated three bigha of land out of suit khatian which he obtained from one Devendra Nath. But we have already pointed out that it is n..Category: Property Law | Date: | Hits: 35
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