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AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....of contract did not ask for the said kind of relief the High Court Division granted to the defendant Nos. 1 and 2. It was also contended on behalf of the appellant that the High Court Division upon wrongly placing reliance on the legal notice dated January 29,1997 arrived at the finding that the......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....Miscellaneous Case No.37 of 1981-82 and having had noticed the said materials the Additional Deputy Commissioner found that mutation in the name of the plaintiff in respect of the land in suit was wrongly done, the order dated June 30, 1983 cancelling the mutation earlier made in the name of the......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......e appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ...... the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdiction, 3. The suit was filed averring that the land in suit measuring 3.30 acres of CS khatian No.6, corresponding the RS khatian No.7, belonged to Bibi Ummat Johara and others and ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....ch settled the same in 1344 B.S. with some of the plaintiffs processors and others in raiyati right, that, dining the survey operation under the State Acquisition and Tenancy Act the suit land was wrongly recorded in the name of the respondent, whereupon an application was filed on behalf of the......ed the same in 1344 B.S. with some of the plaintiffs processors and others in raiyati right, that, dining the survey operation under the State Acquisition and Tenancy Act the suit land was wrongly recorded in the name of the respondent, whereupon an application was filed on behalf of the appella......dge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......against the defendant petitioners stating, inter-alia, that the suit property belonged to Abdul Wahed Mridha in Rayoti Jote right and he possessed the same as such and the property was accordingly recorded in ROR and that he was in possession of the property on payment of rent and that on 12.11.......ranted earlier be further extended till disposal of the appeal. Ed. ...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....intiff did not prove her document on the basis of which she is claiming the land in suit and as such plaintiff has no locus standi to file the suit, that plaintiff although claimed R.S. record wrongly prepared but she did not take any step as against the said wrong R.S. record and as such it......ed the said 19 decimals of land to his son Ranjit Kumar Biswas and said Ranjit Kumar Biswas sold 19 decimals of land to the plaintiff, that during R.S. record the aforesaid 19 decimals of land was recorded in R.S. plot No.1880 and 1886 comprising .2487 acre and .0500 acre respectively, in total ......peal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ...... suit is bad for defect of party and the partition suit is bad for not bringing all the property into hotchpotch. It was the specific case of the defendant that quantity of land listed in R.S. khatian No. 1981 is .2687 acre and that while Lalona Bala Biswas was the owner and possessor of .19..Category: Property Law | Date: | Hits: 28
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....on upon the said matter a 'salish' was held and as per award of the 'salish' plaintiff got her name mutated in the S. A. record and thereupon paying rent, that as the S.A. record was prepared wrongly in the name of Kamaruddin, as such to avoid future complications the plaintiff is constrain......ts decreed the suit, the High Court Division did not consider this aspect of the case and thus committed error of law in discharging the Rule without considering that none of the courts below recorded any finding as to the proof of title by the plaintiff but decreed the suit on the alleged ......n the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......y of defendant No.1. In cross-examination he admitted that he knows Mr. Rezaur Rahman who personally came to their office and paid rents in respect of property of Zohura Khatoon (defendant No.1), the recorded tenant. PW 4 Nurul Islam, an Assistant Branch Manager of Jiban Bima Corporation of Agrabad,......he appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......boration by any other evidence. The High Court Division also found that the confessional statement of accused Mafizuddin was not true and voluntary as he was not produced before the Magistrate who recorded the confessional statement within reasonable time after his arrest and the manner of occur...... at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....and they were accordingly granted permission. The plaintiffs asked the defendant Nos.1-4 to vacate the said portion of the suit land but they finally refused in Ashwin, 1379. The suit land has been wrongly recorded in the name of defendant No. 6 in S.A. Khatian. As a result cloud has been cast up...... were accordingly granted permission. The plaintiffs asked the defendant Nos.1-4 to vacate the said portion of the suit land but they finally refused in Ashwin, 1379. The suit land has been wrongly recorded in the name of defendant No. 6 in S.A. Khatian. As a result cloud has been cast upon the ......or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....ule absolute declaring the order dated 26.10.1998 (Annexure-F to the writ petition) passed by the Tax Settlement Commission, writ-respondent No. 2 in Tax Settlement Application Nos.830-834 of 1998 wrongly written in the rule as 832-834 partly modifying the order of writ-respondent No.3 (Annexure......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......ed Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....session against defendants and others. Due to their inexperience and illiteracy the plaintiffs failed to get the suit land recorded in their names during the last S.A. operation and the suit land was wrongly recorded in the names of defendant No. 1 and his mother Gafuran Nessa. Their further case is......der his interest devolved upon his son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming ...... appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....i Ahmed Khandker and Wali Mohammad Siddiqui, the vendors of the defendant Nos.1 and 2,in the land in suit, that the defendants have trespassed into the 'B' schedule property and that S.A. Khatian was wrongly prepared in the name of Sachindra Mohon Roy. 4. The suit was contested by the appellants......d as title suit No. 429 of 1982) for eviction of the defendant No. 5, that the defendants after their purchase got their names mutated and paid rent and in the R.S. khatian their names have been duly recorded, that Chinta Haran Roy, who is prosecuting the suit on the basis of the Power of Attorney g...... his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ....... 449 of 1976 (subsequently numbered as title suit No. 429 of 1982) for eviction of the defendant No. 5, that the defendants after their purchase got their names mutated and paid rent and in the R.S. khatian their names have been duly recorded, that Chinta Haran Roy, who is prosecuting the suit on t..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....s; and he also got his name mutated on 27.9.1995 initiating Mutation Case No.270 of 1995-1996 and paid rent up to 1995. But during the Revisional Settlement Operation the said land was found to be wrongly recorded in the name of the Government. 3. The suit was contested by the Government ......e also got his name mutated on 27.9.1995 initiating Mutation Case No.270 of 1995-1996 and paid rent up to 1995. But during the Revisional Settlement Operation the said land was found to be wrongly recorded in the name of the Government. 3. The suit was contested by the Government of Bangl......f this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.....S.C. Certificate and Admit Card issued by the Board and the High Court Division erroneously held that the petitioner reached the age of 60 years in the year 2000 and the High Court Division wrongly relying upon the case of Bangladesh Agricultural Development corporation Vs. Abdul Barek D...... fixed with reference to that age accordingly to the method indicated in Article 116 and sub-para (2) of Article 117 and the Service Roll of the petitioner clearly shows that his qualification was recorded as "Appeared in the Matriculation Examination in the year 1965" and hence the Hi......s no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..Category: Employment/Service Law | Date: | Hits: 82
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......en taken to the Sadar Hospital Khulna at about 9-30 PM reaching there at about 10-15 p.m. and admitted in the surgical ward. A police officer from Khulna PS named Abul Hashem came to the hospital and recorded the statement of the deceased (Ext.1) at 11-30 p.m. This statement was sent to Fultala PS o......ant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......ased in presence of witnesses present. The condemned prisoner was then handed over to the police. On the basis of the information received from the informant G.D. Entry No. 110 dated 04.10.2002 was recorded and S.I. Rupok Kumar Saha went to the place of occurrence and prepared the inquest report......eason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......tion, that by the materials on record as well as the evidence, both oral and documentary lead from the side of the plaintiff, he has proved his case. 5. The reasons, particularly the reasons recorded as 'Ka' and 'Kha', in the background whereof defendant No.3 dismissed the Exchange c......e appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......y;thorized absence to the enquiry officer on 15.03.1993 denying the allegations brought against him. He also appeared before the enquiry officer on the date of enquiry and the enquiry officer recorded the statement of the petitioner. But the Union representative was not allowed to take part...... The petitioner is directed to make the appeal for expeditious hearing. Ed. ...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......the Company as on 30th June, 1997 an amount of Tk. 1,24, 000,00/- was deposited in the account of the Company as share money. This proves that 1, 24,000 fully paid shares were subsequently issued and recorded in the audit report and approved by the Company. It was also held that Agrani Bank found th......nterfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......the learned District Judge, Kushtia in Title Appeal No.2 of 1975 is lawful and the present suit is not maintainable in law. The case of the defendant No.4 (respondent herein) is that the recorded tenant of the suit property left for India before the Indo-Pak war of 1965 and were living......to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
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