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Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)

....rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ...... failed to con­sider that the plaintiff respondent having failed to prove that the suit land is excess land of the landlord it cannot be said that the plaintiff respondent has right, title and interest in the suit land and as such the finding of the trial Court about the right and title of t..

Category: Property Law | Date: | Hits: 27

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....not point at any error 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: V ADC (2008) 44. ......ssing the same adversely to the exclusion of all for more than the statutory period of limita­tion; further the plaintiffs having paid all rents and taxes also acquired indefeasible right, title and interest in the suit land; even though Surendra and Dijendra received the balance consideration of T..

Category: Property Law | Date: | Hits: 39

Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)

....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......sent khatians were cor­rectly prepared and published in their names as well as in the names of their predecessor and they have been paying rents regularly; the defendants have no right, title, interest or possession in the suit land and the suit land was never acquired; the plaintiffs did no..

Category: Property Law | Date: | Hits: 37

Government of Bangladesh & others Vs. Jahangir Alam & oth­ers, 2007, 36 CLC (AD)

....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......held, "this Court finds that in the facts and circum­stances of this case the amendments intro­duced in the Project Pro-forma by the DPEC operating to the detriment of the petitioner's interest in securing continued employment in the project are products of arbitrary and irrational ..

Category: Constitutional Law | Date: | Hits: 146

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......kground of the fact that the sale deed in favour of the plaintiff was subsequent to the deed of gift and consequent thereupon person through whom plaintiff claimed the title having had no saleable interest as such plaintiff was required to seek declaration of title in respect of the land in suit..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......r the person is being detained without lawful authority or in an unlawful manner. The authority can never, justify an order of preventive deten­tion by merely saying that the action was taken in the interest of public safety and public order. It has to satisfy the High Court Division which is an ob..

Category: Procedural Law | Date: | Hits: 107

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ......on and the High Court Division by the judg­ment and order dated 31.03.1998 held that Section 28 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 provides that any person interested who has not accepted any award made by the Deputy Commissioner within 45 days from the d..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)

....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......ahbubur Rahman, learned Advocate, appearing for respondent Nos.1, 3, 4-8 and 11-13 submits that in view of the joint possession of the plain­tiff-respondent in the suit having right, title and interest and the Courts below having found the title of the plaintiff in respect of their claimed s..

Category: Property Law | Date: | Hits: 26

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... regard the import of reconditioned car beyond 5 years old imported in respect of two others consign­ments and the refusal in respect of the writ-respondent was to the prejudice and detriment of his interest in violation of the principle of equality as enshrined in the Constitution. 9. The autho..

Category: Business or Commercial Law | Date: | Hits: 139

Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)

....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 115. ......llegal. Ibrahim Mondal got it recorded in S.A. record in the name of Ibrahim Mondal instead of Ibrahim Mollah and in the names of his own daughters and wife. The defendants have no right, title and interest in the suit property. The claim of defendants in the suit proper­ty creating a cloud i..

Category: Property Law | Date: | Hits: 27

Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ...... one time the bank, as claimed by it, went into possession of the property in ques­tion, of which it was not in possession as mortgagee, to save the same from being damaged keeping in view its interest therein as mortgagee. In the background of the nature of the mortgage, i.e. equi­table..

Category: Property Law | Date: | Hits: 36

Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)

....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......e for preemption. 3. The pre-emptee appellant contested the above case and filed written objection stating that the case is not maintainable, the preemptors having exhausted their subsisting interest in the case jama by dif­ferent transfers had no longer any right for preemption of th..

Category: Property Law | Date: | Hits: 21

Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)

....d into order of compul­sory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......e respondent No.1 was again posted at that Branch twice affording him adequate opportunities for regularising all the irregular loans but, he  failed to do anything for protection of the  interest of the appellant Bank and so he  was proceeded against on 12 heads of charges by the ..

Category: Administrative Law | Date: | Hits: 104

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ...... Court of Assistant Judge, Kaliakair, Gazipur for permanent injunction against the government and the suit was dismissed for some defects but the said dismissal did not affect the right, title and interest of the defendants in the suit land. Subsequently, defendant Nos.2 and 3 purchased a part o..

Category: Property Law | Date: | Hits: 35

Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)

....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......nd the notices of the revisions were served in her local address there is no necessity of effecting any service on the defendant No.7 at her New York address and directed the trial Court in the interest of justice to issue summons upon the defendant No.7 in her Narayanganj address under Orde..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)

....als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......­cific findings of the Court of Settlement that Md. Safi had not acquired any title to the building in question and for that mat­ter the writ petitioner did not acquire any right, title and interest the High Court Division erred in law in entertaining the writ petition and setting aside ..

Category: Property Law | Date: | Hits: 27

Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)

....ns made here­inbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......d negligence i.e. for producing further evidence, both oral and documentary, in support of their claim of the land in suit. 12. The case of the plaintiffs is that they have right, title and interest in the land in suit on the basis of inheritance. The total quantity of land in suit is 69 ..

Category: Property Law | Date: | Hits: 19

Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)

.... High Court Division of the kind call­ing for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......irs, that plaintiffs made demand for possession in the year 1989 but the defendants refused, that Title Suit No. 38 of 1983 was filed with the averments that defendant Nos. 21-24 have no title and interest in the land in suit and the sale deed dated October 28, 1980 is a sham transac­tion an..

Category: Property Law | Date: | Hits: 23

Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)

....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......l Sayed vs. Commissioner of Karachi, 1968 SCMR 509 the Pakistan Supreme Court, in making a casual observation, said that the suit property being of the value of more than Rs. 100/- no right, title or interest in it could, under section 17 of the Registration Act, be conveyed except by a deed in writ..

Category: Property Law | Date: | Hits: 37

Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)

....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ...... The pre-emptor then preferred Civil Revision No. 4887 of 1995 and a Single Bench of the High Court Division, after hearing made the Rule absolute holding that Malekun, having exhausted her entire interest i.e. 6.32 acres of land by executing deed of heba-bil-ewaz dated 5.2.1982 in favour of th..

Category: Property Law | Date: | Hits: 34