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Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......hat the suit is not maintainable and the plaintiffs are not the heirs of the mortgagors and the defendants having purchased a portion of the suit land have been in possession of the same for a long period to the knowledge of the plaintiffs. 4. The trial court on consideration of the mater..

Category: Property Law | Date: | Hits: 41

Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)

....system as per requirements of the law, the Ministry of Information had to issue the letter with full lawful authority. It is further stated that the NOC had lost the legal basis, if any, after the stipulated time. 5. The respondent Nos. 3 and 4 Bangladesh Telecommunication Regulator......y machinery and equipments to the petitioner and this temporarily permission for import of machinery and equipments was to remain valid upto 31.12.2004 but long before the expiry of the stipulated period the permission was revoked and before such revocation no show cause notice was served upon t..

Category: Information Technology Law | Date: | Hits: 321

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....­ing the Rule absolute and the same accord­ingly 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. ......disclosed in pleadings of the parties it is apparent that time began to run against the plaintiff from the date of execution of the bainapatra and since no suit has been filed within the prescribed period, the title of the plaintiff extinguished under Section 28 of the Limitation Act, the courts ..

Category: Tenancy Law | Date: | Hits: 141

Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......perty. But the High Court Division found that no scrap of paper has been filed on the side of the writ-petitioner evidencing that Rabeya Khatun possessed the case property during the rele­vant period. It also appears from the record that the case property is an abandoned property. In this co..

Category: Property Law | Date: | Hits: 23

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. ...... excess of actual loan amount of Taka 1.40 crore; after hearing, the suit was decreed for Taka 2,23,80,406.74; he, due to his chronic heart disease and family crisis, could not prefer appeal within period of limitation and meanwhile the bank, to put the said decree into execution, filed the above..

Category: Civil Law | Date: | Hits: 103

Kamrul Islam Vs. State, 2008, 37 CLC (AD)

....Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......l as facts and circumstances of the case, however, found the accused petitioner guilty for the offence charged and convicted him thereunder and sentenced him to suffer rigorous imprisonment for the period as well as to pay a fine with default clause as mentioned above. As against this, the petit..

Category: Criminal Law | Date: | Hits: 37

Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)

.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......tated in the inquiry report that as a sequel to social rivalry between the parties, the complainant-respondent No. 1 lodged the case as a measure of vengeance on them after lapse of a considerable period of time. 4. Being aggrieved by such report, the complainant-respondent No.1 lodged a ..

Category: Criminal Law | Date: | Hits: 35

Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)

....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......Tk. 5,000/- (five thousand), in default, to suffer rigorous imprisonment for 6 (six) months more. The accused petitioner being in abscondence did not file any appeal. After expiry of the statutory period of limitation for filing appeal, he filed Criminal Miscellaneous Case No. 6453 of 2000 befor..

Category: Criminal Law | Date: | Hits: 24

Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)

....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......n of the Administrative Appellate Tribunal Appeal No. 128 of 2000 which was dismissed for default upon observing "We find the application for restoration has not been filed within a reasonable period i.e. 90 days from the date of dismissal of the appeal. It is the usual practice of this Tri..

Category: Administrative Law | Date: | Hits: 95

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......t he entered the service as an Estimator under the Public Health Engineering Directorate on 2.10.1956. While serving as a Supervisor in Dhaka WASA he fell seriously ill and was absent from duty for a period of 2 years 10 days with effect from 1.10.1984. Subsequently on his prayer, the Chief Engineer..

Category: Administrative Law | Date: | Hits: 136

Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)

....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......der the submissions that the High Court Division not being the court of appeal erred in law in interfering with the findings of fact arrived at by the Court of Settlement and that during the relevant period the whereabouts of the original owner of the above building not being known and the said orig..

Category: Property Law | Date: | Hits: 28

M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)

.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......n the aforesaid state of the matter it has been observed by the trial Court that there was no reason to believe that the accreted land was in existence in 1963. It may be mentioned that during the period between 1935-1947 no rent was paid by the plaintiffs in respect of the land said to have acc..

Category: Property Law | Date: | Hits: 30

Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)

.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......ence which it failed to produce earlier whatever be the reason. In the circumstances of the case, we do not think it just and proper to direct a re-trial and thereby put the respondents to another period of harassment for further few years in the hand of an inept prosecution.'' 16. We are..

Category: Constitutional Law | Date: | Hits: 109

Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......n Khan and 31 others and also ordered for eviction of the trespassers who subsequently trespassed in the case land and in order to deliver possession to the above leasees who paid lease money for the period from 1387 B.S. to 1406 B.S. under different D.C.R. after issuing possession within 7 (seven) ..

Category: Property Law | Date: | Hits: 40

Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)

....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......alia, that their father Nasiruddin was the owner in possession of the suit land for the last 40 years by con­structing building and he adversely pos­sessed the suit land long over statutory period to the knowledge of all concerned and after the death of Nasiruddin his heirs are possessin..

Category: Property Law | Date: | Hits: 106

Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)

.... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 603. ......f the Registration Act. The preemptor obtained the certified copy of the deed on 18-10-1999 and came to know about the sale and the preemption case was filed on 18-10-1999 within the statu­tory period of limitation. 4. The petitioner Nos.1 and 2 as pre-emptees contested the preemption..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)

....ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......ive Tribunal within 3 (three) months but filed within 6 (six) months from the date of judgment and order of the Administrative Tribunal  i.e.  within 3 (three) months on the expiry of the period for filing the appeal prescribed in section 6(2) of the Administrative Tribunal Act. ..

Category: Administrative Law | Date: | Hits: 102

Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)

....they and the respondent No.3 agreed to sell the same to the respondent No.1 at a consider­ation of Tk.3,00,000/- and in pursuance thereof the respondent No.1 paid Tk. 50,000/- on 31.8.1987 and stipulated to get the suit property registered in his name on payment of the balance consideration ......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..

Category: Property Law | Date: | Hits: 26

Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)

....d char­acter of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ......pired on July 21, 2001. In that state of the mat­ter the Court did not pass any order on the application filed with the prayer for vacat­ing the order of injunction passed for lim­ited period at the time of issuance of the Rule. 7. The petitioner in the civil revision case hav..

Category: Property Law | Date: | Hits: 20

Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)

....hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ......s factual aspect and dropped the proceeding on 3.5.1995 asking the receiver to hand over the property in favour of the opposite party along with the sale proceed so far collected by him during the period of 16 years. But the said order passed by the learned Magistrate was challenged in the crimi..

Category: Property Law | Date: | Hits: 21