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Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....he above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......ame amicably but the defendant Nos.2-5 denied the plain­tiff-appellant's title; that in certified copy of Khatians the plaintiff-appellant came to know that some of the disputed land have been recorded in the name of the defendant-respondents. 3. The defendant-respondent No.4 con­t...... IV ADC (2007) 680. ......he above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ..

Category: Property Law | Date: | Hits: 30

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

.... 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 during S.A.operation land was recorded wrongly in the name of Jairuddin, the defendants are claiming the land in suit by purchase from th...... 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 during S.A.operation land was recorded wrongly in the name of Jairuddin, the defendants are claiming the land in suit by purchas......Tk. 2,000/- Ed. This Case is also Reported in:  IV ADC (2007) 672. ......1 and 2 by filing written state­ment denying the material averments made in the plaint and stating, inter alia, that Jairuddin was korfa tenant under Kuran Mondal in respect of the land of C.S khatian no.409 of Mouza Rajarampur, that Jairuddin surrendered his korfa tenancy by a 'Istafanama' ..

Category: Property Law | Date: | Hits: 28

Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)

....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......olonged illness of the plaintiff no. 1, who was the tadbirker on behalf of the all plaintiffs, the defendants in collusion with the staffs of the Settlement Office, in the R.S. Record, fraudulently recorded 3.22 acres in the name of the defendants 1-5 and 3.23 acres in the name of defendants 6-8 ......st at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..

Category: Property Law | Date: | Hits: 28

Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ...... when the plaintiff went to the local Tahshil Office to pay the rent, the Tahshidler received rent for only 49 1/2 decimals of land stating the only 49  1/2  dec­imals of land stands recorded in his name; the plaintiff then came to know that the defendant No.1 has managed to procu......petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......our of one Moktar Hossain, the defendant No.1, shows trans­fer of an area 26 1A decimals of land to the defendant No.1 and thus giving him ejmali possession in R.S. Plot No. 749 under the R.S. khatian No.829 but the trial court disbelieved the above sale deed only on the ground that accordin..

Category: Civil Law | Date: | Hits: 83

Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)

..... Plot No.60 of C.S. Khatian No. 470 and the said Goher Sheikh died leaving behind one son Modhu Sheikh and 2 daughters namely Rubia Bewa and Shirin Bewa but the land of the said plot was recorded wrongly in the name of Modhu Sheikh alone although the 2(two) daughters of Goher Sheikh have been e......n­structing a house thereon. Subsequently, the plaintiff sold .04 decimals of land out of his aforesaid purchased land to proforma-defendant No. 9 The plaintiff mutated his name and it was duly recorded in the R.O.R. Khatian vide order dated 22-10-1976 passed in Miscellaneous Case No. 1453 (i....... ......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ..

Category: Property Law | Date: | Hits: 23

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

....y made parties in the suit. He next submits that Exts. 7, 8(a), 9 and 12(b) were not properly considered by the High Court Division and upon misconstruction of those documents the High Court Division wrongly held that the defendants are tenants under the plaintiffs and their predecessor-in-interest ...... cogent reason to interfere with the same. Both the appeals are, therefore, disĀ­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... cogent reason to interfere with the same. Both the appeals are, therefore, disĀ­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..

Category: Property Law | Date: | Hits: 34

Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)

....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ...... 10. Certified copy was ready. 07.03.2005 11. Certified copy delivered. 07.03.2005 12. Order recorded in the 1st petition for certified copy by Record Assistant that petition could not be ass......aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..

Category: Civil Law | Date: | Hits: 132

Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)

.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... Kashem were arrested in connection with that G.R. Case No.60 of 2002. They made confessional statements before a competent Magistrate, 1st Class on 24.07.2002 and in those confessional statements recorded under section 164 of the Code of Criminal Procedure both the confessing accused disclosed ...... matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..

Category: Criminal Law | Date: | Hits: 61

Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)

....(23.11.1997, rejected the review petition on (04.06.2003 of the respondent in confirming the lease deed in favour of the petitioner, but the High Court Division  without considering the same wrongly made the (rule absolute declaring the said orders of the Chairman of the Land Appeal Board ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......smissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ..

Category: Property Law | Date: | Hits: 29

Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)

.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ...... MLR (AD) 2008, 198; V ADC (2008) 320. ...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ..

Category: Property Law | Date: | Hits: 32

Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)

.... mutated his name and paid rents, taxes and other charges and the plaintiffs have no right, title, interest and possession in the suit land and the trial court, without applying its judicial mind, wrongly held that the plaintiffs had exclusive possession over the suit land and the defendant ille...... and they paid rents, taxes and other charges and they constructing a semi pucca tin shed building therein rented it to different bharatias and in the Mohanagar Settlement their names were rightly recorded and the objection filed by the defendant against the above recording was also ultimately r......D) 2008, 196. ......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ..

Category: Property Law | Date: | Hits: 23

Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)

....s right in making the Rule absolute. Accordingly, the leave petition is dismissed.  Ed.      This case is also Reported in: 13 MLR (AD) 2008, 140. ....... Khatian No.804 belonged to Naju Miah and Tamizur Rahman. Their further case is that by amicable arrangement between Tamijur Rahman and Naju Miah the lands were being possessed separately and was recorded separately in their name. The land of Tamizur Rahman was recorded in P.R.R. Khatian No.804......;    This case is also Reported in: 13 MLR (AD) 2008, 140. ......s right in making the Rule absolute. Accordingly, the leave petition is dismissed.  Ed.      This case is also Reported in: 13 MLR (AD) 2008, 140. ..

Category: Property Law | Date: | Hits: 29

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....the learned trial Court convicted him basing upon such non-corroborated confessional statement. 10.The learned Counsel further submitted that the trial Court convicted the accused-petitioner wrongly and improperly disbelieving the defence case and the trial Court convicted the accused-peti......r Razzak were arrested and $3,000 was recovered inside the boot shoe of accused Habilder Abdur Razzak. Meanwhile P.W.1 Abu Taher as informant lodged the FIR with the Lalbag Police Station which was recorded therein as Lalbag Police Station Case No.3 (9) of 1986 corresponding to G.R. Case No.5629......the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..

Category: Criminal Law | Date: | Hits: 40

Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)

....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......he same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ..

Category: Tenancy Law | Date: | Hits: 174

Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)

....the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ...... of the premises and that no notice was issued upon him terminating the tenancy and that there was no cause of action for the suit and the suit was liable to be dismissed. 6. The trial court recorded evidence of parties and dismissed the suit. 7. The High Court Division by the impu......bdul Halim and another.............Respondents Judgment March 18, 2007.         Lawyers Involved: Farooq Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. N.I. Bhuiyan, Advocate......the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ..

Category: Property Law | Date: | Hits: 31

Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)

....tice under Section 106 of the Transfer of Property Act, that the petitioner is depositing the rent in the house rent case No.264 of 1976 but despite those admissions of payment of rent the High Court wrongly held that the defendant-petitioner did not prove that he made payment of rent hence the judg......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ...... This case is also Reported in: 13 MLR (AD) 2008, 110. ......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..

Category: Tenancy Law | Date: | Hits: 184

Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

....the name of the plaintiff and the plaintiff paid rent on the basis of the S.A. record upto 1381 B.S. and in the background of the said fact the finding of the appellate Court was that R.S. record was wrongly prepared in the name of the defendants. The High Court Division on consideration of the evid......n died leaving defendant Nos. 13-19 and S.A. Record was prepared in their names and R.S. record was prepared in the name of heirs of Nizam Uddin who were minors but at the final stage the land was recorded in the name of the Jaminder, that heirs of Nizam Uddin has filed the suit against the wrong...... petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......Khatian No.60 was prepared in his name, but the same was finally published in the name of Ex-landlords and in the remark column the property was shown as vested property, that on obtaining final R.S. khatian the plaintiff came to know on October 31, 1991 about the preparation of wrong record of righ..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)

....ualification for accountant is B.Com 2nd Class while in the High Court Division no Division is required. A simple B. Com. can be appointed as accountant in the Supreme Court of Bangladesh. It was wrongly stated that the post of accountants of the Supreme Court of Bangladesh cannot be equated w...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..

Category: Employment/Service Law | Date: | Hits: 69

Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)

....;decessor of opposite party Nos. 1-10) pur­chased 0.70 acre of Plot No.125 from the heirs of Nizamuddin on 13-5-1955 and 4-12-1955 by two registered sale deeds (although quantum of the land was wrongly written in the sale deeds). The government acquired 0.45 acre out of 0.70 acre of suit Plo......cogent ground for interference in the impugned judg­ment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......cogent ground for interference in the impugned judg­ment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..

Category: Procedural Law | Date: | Hits: 86

Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......sed for non-prosecution along with other similar writ petitions. 3.The suit was contested by the defend­ants averring that the suit is not maintainable and that the land in suit has been recorded in the kash Khatian being within the periphery of the Khulna Hat and Bazar and that the la......e petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ..

Category: Property Law | Date: | Hits: 27