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Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....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: VI ADC (2009) 229. ...... 2. Short facts are that the plaintiffs instituted Title Suit No. 269 of 1966 in the Court of Munsif(now Assistant Judge), Borolekha, Moulvibazar impleading one Abdul Huque the predecessor in interest of the present petitioners as defendants and opposite party Nos.3-27 and others raying for..Category: Property Law | Date: | Hits: 23
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity 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: VI ADC (2009) 223. ...... Mohen Bashi Roy, the predecessor of the petitioners, filed Title Suit No.36 of 1985 in the Court of the then Munsif (now Assistant Judge), Derai, Sunamganj for declaration of his right, title and interest in the suit land and for further declaration that the ex parte decree dated 27.5.1985 of t..Category: Property Law | Date: | Hits: 22
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......ent to the government in his name. Thereafter the defendant petitioner tried to have a fraudulent settlement deed in his name from Bakul Acharjaya Chowdhury. In 1988 the plaintiff acquired a saleable interest decree from Trishal Assistant Judge Court and on 29.01.1988 the defendant dispossessed the ..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......dgment and decree of the appellate court below without adverting to any material evidence on the point. He lastly submits that it is a settled principle of law that a co-sharer has right, title and interest in every inch of land. When the plaintiff failed to prove his exclusive possession sufficie..Category: Property Law | Date: | Hits: 26
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......ed as well; actually all the deeds filed by the plaintiffs were genuine, and accordingly proved by the plaintiff before the Court; that the plaintiff herein petitioners got every right, title, interest and possession over the suit land; that the defendant-respondents herein could not be able..Category: Property Law | Date: | Hits: 21
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......in favour of Guru Charan. Guru Charan purchased that land in the benami of Upendra and Gogendra Sarder. Mohim Sana sold 1.62 acres of land to Kalipada and Jotish. After that transfer Mohim had his interest in 3.11 acres of land. Guru Charan filed a Money Suit No. 19 of 1944 against Ashini Sana. ..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......he suit arose lastly on 24.04.1997 and as such, the plaintiff bank has been forced to take the shelter of law for recovery of its good money amounting to Tk. 2,56,28,277.00 together with up-to-date interest @ 18% till realization of the decreetal amount. 3. The petitioners as defendants c..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......ow:— “The Custodian shall cause a notice to be served on the respondent, and the Rehabilitation Authority of the area in which the property is situate, and on any other person likely to be interested in or affected by the result of the application, and may also cause a public notice to be..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......hy;turbance. If the President considered the suspension of the fundamental rights to be necessary during the subsistence of the Proclamation of Emergency it should be taken to have been made in the interest of security of Bangladesh and no further proof of the security is necessary. We therefore..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
....peal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 6 LG (AD) (2009) 108; 61 DLR (AD) (2009) 67; VI ADC (2009) 106; 29 BLD (AD) 2009, 11. ......er an amount of Tk. 1.51.810.69/- paisa in excess. The writ petitioner then released the goods on payment of this excess amount under protest to avoid extra liabilities by way of demurrage and interest. But in spite of repeated representations by the writ petitioner for refund of the excess ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......he submission of the learned Counsel for the petitioner and found no merit therein for our interference with the impugned judgment and order. 12. But since this petition is also by way of public interest litigation and accordingly, we gave directions to RAJUK to clarify the status of the land p..Category: Property Law | Date: | Hits: 36
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......ghi East Corporate Branch, Chittagong, the auction purchaser will be highly prejudiced and will suffer irreparable loss and injury in as much as the auction purchaser has to pay huge amount of interest against the said amount of bank guarantee. 5. The said application for a direction..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......n Parishad. In this regard, the defendant No.1 claimed that the documents relied upon by the plaintiffs not being genuine and, therefore, not acted upon, the plaintiffs have not right, title, interest and possession of the suit lands. 4. The learned Assistant Judge, Rajbari upon hear..Category: Property Law | Date: | Hits: 37
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 142. ......etitioner. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above Mortgage Suit No.63 of 1994 praying for a preliminary decree for Tk.78,70,728/- as on 31.10.94 with interest @ 20% per annum including penal interest and also praying that in case of the failure of ..Category: Civil Law | Date: | Hits: 106
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ......ing both Ka and Kha schedule land, died leaving behind Mahatab Sheikh who, in the year 1346 B.S, orally settled the same in favour of Barkatullah, who then by Patta dated 16.7.1952 transferred his interest in the said land in favour of Yousuf Ali Biswas who in turn, by registered sale deed dated..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......the plaintiff is found to be out of possession; that the trial Court's finding on possession is supported by the evidence on record; the plaintiff Nos.3 and 4 has failed to show that they have any interest in the suit land. 7. The High Court Division observed that the learned Subordinate ..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ...... Ext. A. The trial court was pleased to allow the pre-emption finding that (a) the case land is agricultural (nal) land; (b) the case of development has not been proved; and (c) kabala from limited interest holder and from reversioners made the pre-emptors owners and thus the pre-emptors are co-..Category: Property Law | Date: | Hits: 28
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......arwar Hossain. Paglimai the mother of defendant No.5 by Hiba deed dated 26.01.1981 transferred .23¾ acres to Servan Nessa, the wife of defendant No.2. The defendant No.2 had no saleable interest as mentioned in the plaint and the deed dated 12.01.1968 in respect 0.33 acres of land is..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......uent thereupon as the oral gift said to have been made by Sahera Khatun to his daughter Anwari Khatun cannot be considered as genuine and that as Anwari Khatun did not acquire any right, title and interest in the property in question from Sahera Khatun, as such Respondent No.1 did not acquire an..Category: Property Law | Date: | Hits: 29
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ...... 3. The added respondent Nos.6-12 contested the Rule denying the averments made in the writ petition contending, inter alia, that after being elected as Chairman, petitioner worked against the interest of the general public; that he became involved in many unlawful activities of which he inc..Category: Criminal Law | Date: | Hits: 32