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Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....nfirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 687. .......of 1993 and the High Court Division, after hearing, discharged the Rule. 3. The learned counsel for the petitioner submitted that the High Court Division committed error of law in not holding that Lehajuddin did not execute the sale deed, the defendant No.1 did not acquire any right..Category: Property Law | Date: | Hits: 25
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ......ror in refusing to interfere with the orders passed by the trial Court and thereupon in rejecting the revisional application. Finally the High Court Division discharged the Rule upon holding that no important question of law involved in the revisional application. 7. We have..Category: Procedural Law | Date: | Hits: 58
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ......r partition, without declaration of title and recovery of khas possession, was barred by Section 42 of the Specific Relief Act. 5. As it appears the High Court Division discharged the Rule holding that the defendant No.1 in his written statement admitted the transfer of 60 decimal of lan..Category: Property Law | Date: | Hits: 20
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 667. ......d appeal, could not take any step for filing civil revisional application within time. 4. As it appears, the High Court Division rejected the application for condonation of delay holding that the explanations offered for condonation of delay were not at all satisfac..Category: Procedural Law | Date: | Hits: 68
Mosammat Namiran Nessa Vs. Aftaruddin & othÂers, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......bout the deed of Wasiyatnama in question. 6. Both the suits were tried analogously by the learned Assistant Judge, Patgram, Lalmonirhat and Other Class Suit No.3 of 1999 was decreed in part holding the Wasiyatnama to be a valid Wasiyatnama to the extent of 1/3 rd of Namiruddin and dismiss..Category: Property Law | Date: | Hits: 23
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ......h Court Division and other connected papers. 6. It is not disputed that the pre-emptor is a co-sharer in the disputed holding and the pre-emptee is a stranger. The miscellaneous case appears to have, been filed w..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....ing contiguous to the pre-emptor's land he is entitled to pre-empt the entire block. One of the purposes for allowing preemption to a contiguous land holder appears to help enlarge small uneconomic agricultural holdings in the country by consolidation and amalgamation. In a case like the ins......Act. 5. It appears from the record that the pre-emptor filed a pre-emption case under Section 96 of the State Acquisition and Tenancy Act and the trial Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous land holders of the land under pre-emption. On..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......ciple that one should not be deprived of benefit/post without affording him opportunity to put forward his case in support of the entitlement of enjoying the benefit or competency of holding the post. 8. Leave was obtained for consideration of the contention that the High Co..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......la by which Md. Amanullah acquired the property, affidavit and the other papers as well as mutation fees. 9. The learned Advocate submitted that lower appellate Court was in serious error in holding that the suit as framed was not maintainable in that plaintiffs sought for declaration of h..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ...... 50 lacs from him but without success. Being aggrieved the writ-petitioner-respondent moved the above mentioned Writ Petition before the High Court Division whereby the learned Judges passed an order holding that the respondent is not liable to serve out the unserved portion of the sentence and he i..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......ppeal, by leave, is against the judgment dated July 19,1992 of the High Court Division in Writ Petition No. 336 of 1987 making the Rule absolute and thereupon declaring inclusion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unla..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
....is null and void and not binding upon the plaintiff. In the suit, it has been stated that the defendant fisheries, a Public Ltd Co applied to the government for long term lease of 155.39 acres of non-agricultural land for fish cultivation in scientific way; that after enquiries and observing all for......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......ves that he is owner of the property. The learned Counsel further submitted that the suit being a suit for declaration of title and recovery of khas possession, the High Court Division erred in holding that "In this particular case the opposite parties plaintiff's have long uninterrupte..Category: Property Law | Date: | Hits: 25
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
.... 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: 11 BLC (AD) (2006) 90. ......ed cannot be considered illegal, that there has been no violation of the Articles 27 and 31 of the Constitution in issuing the Memo, in question since the same has been issued only for the purpose of holding an inquiry about the allegation of mis-appropriation of government funds and thereby causing..Category: Anti-Corruption Laws | Date: | Hits: 113
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ......d respondent No.2 signed memorandum of evidence himself and did not raise any objection against the enquiry committee and, as such, the judges of the High Court Division misdirected themselves in holding that the delinquent was not given proper opportunity of being heard and the materials &nbs..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......he ACC and the ACC Rules, inasmuch as the High Court Division stepped outside its province by making the said observation. He further submits that the High Court Division committed an error of law by holding that "section 26(2) is bad in the eye of law" on the erroneous basis that the provision of p..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......he tenant from the liability of payment of rent as per agreement or in the absence of a written agreement within the time specified in the statute, whether the High Court Division was in error in not holding that the plaintiff has bonafide requirement of the suit premises to construct a residential ..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......of abandoned buildings published in the Bangladesh Gazette on the 23rd September, 1986 under Ordinance No.54 of 1985. The respondent then filed Case Nos. 1084 of 1987 and 183 of 1988 in respect of holdings Nos.426 and 427 respectively before the Court of Settlement which dismissed both the cases..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......d thereupon the aforementioned Miscellaneous case was stated. The prayer for restoration of the original suit to its file and number was opposed by the plaintiff. The trial Court dismissed the case holding that the petitioners of the miscellaneous case failed to make out a case for setting aside..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......ng in total .53 decimals of land sold under three registered kabalas under section 96 of the E.B.S.A. and Tenancy Act, 1950 stating, inter alia, that the pre-emptor No.1 is a co-sharer in the case holdings recorded under S.A.Khatian Nos. 73, 74 and 75 on the basis of purchase vide registered kab..Category: Property Law | Date: | Hits: 25
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