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Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....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. ......as denied that Syed Mojibur Rob died in Dhaka on 6th December, 1971 and was buried in the graveyard at Mohammadpur. The appellant was an adopted son of Syed Mojibur Rob and as such he had no right or interest in the properties in question. The death certificate was obtained long after the death of..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......arging the rule. 7. Hence is this petition 8. In support of the petition Mr. Nurul slam Bhuiya, learned Advocate-on-Record submits inter alia, that the plaintiff having no personal interest in the suit property the suit is barred under Section 56(k) of the Specific Relief Act. ..Category: Property Law | Date: | Hits: 33
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. 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: ......rship firm, that lessee executed and registered a Power of Attorney on January 18, 1972 appointing the plaintiff as the principal for performing all acts as mentioned in the Power of Attorney for the interest of the business, that the lessee made an oral gift of the property in suit as well as petro..Category: Limitation Law | Date: | Hits: 205
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......like to dispose of the matter finally. We have already pointed out that the mill authority upon due consideration of the petitioner's qualification, experience, efficiency and the interest of the mill allowed him selection grade scale of Tk.625-45-1315 along with another fol..Category: Employment/Service Law | Date: | Hits: 84
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......te for chairman or member of the Union Parishad will be disqualified if the candidate is a party to a contract for work done or goods to be supplied to the union Parishad or has otherwise pecuniary interest in its affair or is a dealer in essential commodities appointed by the Government. He..Category: Election Law | Date: | Hits: 108
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....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. ...... through L.A. Case Nos. 50/51-52 and 51/52-53 the suit land was made khas by the Government. The trial court observed that P.W. 1 was one of the defendants in Title Suit No. 288 of 1975 and for his interest supported the case of the Government but now for his own interest is resiling from his ea..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....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. ...... allowing the appeal i. e. Civil Appeal No.151 of 2000 observed "although there is a will but unless and until it is proved in accordance with law, on the face of objection raised by any interested party (herein the appellant) a Probate cannot be granted on compromise and it is not per..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. ......d in suit were inherited by his 3 sons, that during S.A. operation the land in suit was recorded in name of said 3 sons and therein wrongly name of defendant No.1 was recorded with the remark life interest, that defendant No.1 had neither inherited the property of Jatinadra nor got any property ..Category: Property Law | Date: | Hits: 23
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......l authority. 5. Leave was granted to consider the submission that the TCB felt constrained to issue the orders of discharge retiring the writ petitioners from service considering the better interest of the nation and for better public interest and on the basis of the recommendation m..Category: Labour and Industrial Law | Date: | Hits: 80
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ...... of defendant No.1 and the defendant No.1 was put into possession, the transaction is complete and the defendant No.1 became absolute owner of the land and the defendant No. 2 had no saleable interest in the suit land. So, the court should not recognize the kabala Ext.1 dated 23.04.1970 in ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......t as the property belonged to the Government and is being continuously possessed by the Government through its employees of the Revenue Department and that as the plaintiff has no right, title and interest in the land in suit and that the land in suit as was a Kacharibari of Gouripur Zamindari E..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......, 1950 the land in question was listed in khas khatian No. 1, that the suit has been filed by making untrue statements in respect of the land in which plaintiffs have no right, title and interest. 5. The trial Court decreed the suit on the findings that plaintiffs by the evidenc..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......Refatullah Mondal on the Magh, 1347 B. s and he transferred the said land by oral gift to his wife Nayjan Nessa and mutated her name and paid rent, that Taresh Haider transferred the rent receiving interest to one Maniruddin Biswas by the deeds dated February 15, 1943 and 28. 4. 1943, that durin..Category: Property Law | Date: | Hits: 35
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......al lies in the Administrative Tribunal and therefore the suit is impliedly barred under section 9 of the Code of Civil Procedure. The trial court upon taking a lenient view of the matter and in the interest of justice decided that to enable the respondents to obtain relief in the Administrative ..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ......nts for transportation of personal effects, that tne Government reserves the right to cancel any appointment of a public servant or stay the appointment without assigning any reason for the public interest, that the order challenged was passed legally and lawfully. 6. At the time of hearin..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......aving regard to Rule 8(2) of Bangladesh Abandoned Property (Land, Building and other Properties) Rules 1972 providing clearly that abandoned buildings, not required for public purpose or in public interest, shall be sold to the highest bidder in open auction, the High Court Division erred in hol..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ...... of 'Kha' schedule properties to the plaintiff in Bangladesh in pursuance of the contract. But when the plaintiff came to this country on query he learnt that Ghose brothers had no right, title and interest in respect of the lands of Mouza Hardi and Paltadanga though some lands of these two mouza..Category: Property Law | Date: | Hits: 32
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......tored building and that he has started foundation work, that on June 2, 1987 defendants threatened him to dispossess from the land in suit, although defendants have no right, title, possession and interest in the land in suit and that paper on the basis of which defendants have raised claim are ..Category: Property Law | Date: | Hits: 32
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......nbsp; 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. e..Category: Property Law | Date: | Hits: 38
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......recorded in Khatian No.1. The plaintiff’s predecessor never took pattan of the suit land from the ex-landlord. Taking advantage of the absence of original land Lord, the plaintiff's predecessors in interest created some antedated and fabricated papers in order to grab the property and plaintiff's ..Category: Limitation Law | Date: | Hits: 156
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