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Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......ncellation of deed No.2809 dated 29.09.1997 and the Exchange deed No.7793 dated 29.10.1997 were illegal, collusive, void and not binding upon the plaintiff and the defendants acquired no title and interest by the subsequent cancellation deed and the exchange deed. The case of the plaintiffs is t..Category: Property Law | Date: | Hits: 26
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......f 1978 and obtained ex-parte decree resorting to fraud. 4. The suit was contested by the defendant No.1 denying the material averments made in the plaint and claiming right, title and interest in the land in suit and also claiming that the decree obtained by him was quite genuine. ..Category: Property Law | Date: | Hits: 20
Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
....ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ......itioners' factory. 2. The writ petition was filed seeking direction on the respondent Nos. 1-6 to implement the observation made in writ petition No. 4083 of 2000 for settling the matter of interest calculated on the arrears gas bills issued in respect of the writ petitioners and al..Category: Others | Date: | Hits: 92
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......ismissed the suit on the finding that the lessor cancelled the lease legally and as such the plaintiffs' predecessor by purchase from the lessee Khaleda Rahman did not acquire any right, title and interest in the land in suit, that RAJUK cancelled the permission for transfer and thereupon allott..Category: Property Law | Date: | Hits: 30
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......the wrong record while the plaintiffs were taking step for filing suit the defendants dispossessed the plaintiffs from the 'kha' schedule land in Bhadra 1386 BS although they have no right, title and interest in the land where from they dispossessed the plaintiffs, that plaintiffs have their homeste..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......tion were acquired on payment of compensation money to the owner and, as such, the ownership of the previous owner having been vested in the Government, the writ petitioner respondents' right, title, interest and possession, if any, in the acquired land had extinguished and, as such, the High Court ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ...... of abandoned buildings or to return the same to him or contending that the building is not an abandoned property and has not vested in the Government and that his right and interest in the building has not been affected by the provision of the Ordinance No. 54 of 1985, is..Category: Property Law | Date: | Hits: 32
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
.... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ......Corruption Officer concerned by the Metropolitan Magistrate, Dhaka and the District Anti-Corruption Officer only issued notice to the petitioner, under the Order of the Metropolitan Magistrate in the interest of proper inquiry and furthermore, in the reported case the petition of complaint filed bef..Category: Anti-Corruption Laws | Date: | Hits: 113
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......ant Nos.1-5 from evicting the tenant and the said O.C Suit No.190 of 1993 is pending. 5. The High Court Division opined that since the Government-appellants have divested themselves from all interest in the case properties, they have now no locus standi to file the aforesaid suit in the C..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......12.1988 of the Additional Land Acquisition Officer, Dhaka. 8. The learned Attorney General submits that after final publication of gazette notification dated 20.02.1950 the right, title and interest, if any, of the original owner in the acquired land including the suit plot had already ex..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......nce the cases were not maintainable. He also opposed the right of pre-emption of the subsequently added pre-emptors on the ground that when the case lands were sold, none of them had any subsisting interest in the case holdings. Rather, they acquired interest by the subsequent purchase when the ..Category: Property Law | Date: | Hits: 25
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......y the Deputy Commissioner is correct. By judgment and order dated 15.01.2003, the Joint District Judge and Arbitrator allowed TK.4,52,75,612.50 as compensation for 11.5750 bhiti land 15% statutory interest TK. 67,91,341.87 paisa i.e.total TK. 5,20,66,954.37 paisa minus previously taken TK. 1,39,..Category: Property Law | Date: | Hits: 37
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......disapproved, but it is not entirely clear that so long a delay may not still be fatal. Even where the time limit is designed as a safeguard of individual freedom the court may, by weighing the public interest against that of the individual, hold that the time limit is directory only, as did a divide..Category: Civil Law | Date: | Hits: 125
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......der Sk. sold their share to defendant Nos.12, 16 Jobed Sk. died leaving 4 sons, defendant Nos. 12-15 as his heirs and Wakhiluddin Sk. died leaving 6 sons, defendant Nos.1-6, Ahalladi Bibi sold her interest to defendant Nos.7-9. Thus the defendants have been possession the 14 annas shares of the ..Category: Property Law | Date: | Hits: 26
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......oney Suit No. 48 of 1960 in the 3rd Court of Munsif (now Assistant Judge), Comilla for realisation of the arrear rents. The said Money Suit was contested by the original defendant, the predecessor-in-interest of the leave-petitioner. The suit was dismissed on contest. 3. In the instant suit the o..Category: Tenancy Law | Date: | Hits: 141
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......g a question of fact cannot be decided in the writ jurisdiction and that the bank prayed for decree for an amount of Taka 2,23,80,407.74 due as on 30-9-99 along with pendentilite and post-decretal interest and moreover, no appeal having been filed against the judgment and decree dated 1-6-2003 w..Category: Civil Law | Date: | Hits: 103
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......d purchased by the writ-petitioner remained in her possession, that the land requisitioned also covered 2 decimals of land owned by the writ-petitioner and thus the writ-petitioner's right, title and interest in respect of .06 acre of land remained outside the requisitioned land i.e. .45 acre, that ..Category: Property Law | Date: | Hits: 31
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ...... to the aforesaid provision of law and in the facts and circumstances of the case, we are of the view that the learned judges of the High Court Division rightly passed the impugned judgment in the interest of justice. We, therefore, find no illegality in the impugned judgment for our interferenc..Category: Criminal Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......aintaining up-to-date record of right. Therefore, the enquiry report lacks finality and authoritativeness of a Court as the Revenue Officers do not possess the power to decide the right, title and interest of the parties. In the light of aforesaid view taken by the Appellate Division, we hold th..Category: Anti-Corruption Laws | Date: | Hits: 88
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......hendra possessed the eastern half and Lalit possessed the western Half; Lalit sold his share to Shashi Bhusan Chokraborty who then sold the same on 30.6.1943 to Raj an Mohan Basak, the predecessor-in-interest of the plaintiff; Ranjan Mohan Basek having died intestate leaving two daughters namely Dev..Category: Tenancy Law | Date: | Hits: 147