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Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 422. ......ine and Appeal) Rules, 1985 was initiated against the Respondent. In due course the Respondent submitted his explanation and then an enquiry was held and a report was submitted on November 11, 1997 holding the Respondent guilty. Thereupon second show cause notice was issued to the Respondent and ..Category: Administrative Law | Date: | Hits: 120
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ...... which are not corroborative evidence to support plaintiffs possession. That though the High Court Division failed to consider the evidence on record but affirmed the findings of the trial Court in holding that the trial Court considered properly the evidence and other materials on record althou..Category: Property Law | Date: | Hits: 42
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... High Court Division was in error in not considering the fact that two of the donors filed written statement supporting the case of the defendant No.1, that the High Court Division was in error in holding that it was not proved that there was offer and acceptance and delivery of possession, that..Category: Property Law | Date: | Hits: 37
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ny amalnama in their plaint nor they did produce any amalnama before the trial Court; though in the decision reported in 47 DLR 246 it has been held that for the purpose of granting lease of agricultural land no written document is required tinder section 3(17) of Bengal Tenancy Act, but t......sor did not acquire any title or interest in the suit land on the basis of the alleged settlement as the suit land was a protected forest land of the Government. The trial Court dismissed the suit holding that the plaintiffs could not prove the settlement. The plaintiffs then preferred First App..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......ndants filed the above miscellaneous appeal before the High Court Division and after hearing allowed the appeal. 3. Leave was granted on the submissions that the High Court Division erred in holding that the summons were not served upon defendant No.1 as there was no tender of the same upo..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......tion 42 of the Specific Relief Act is not supported by any reasoning, that trial Court was in error in not determining whether at all Syed Rafiuddin Ahmed made transfer to Anowara Begum and that in holding by the Exhibit 2 i.e. the agreement, between Anowara Begum and the plaintiff and Exhibit 3 ..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......on taken up by the defendants was legally done within the area of the inherited land from the predecessor of the defendants and the defendants having title and possession, municipal holding also stood in their name and the plaintiff's case being false the suit was liable to be dism..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......t admittedly, the said order was neither communicated to both the parties nor shown to the learned Advocates of both the parties. 4. As it appears the High Court Division discharged the Rule holding that the civil revision was disposed of on merit by a regular judgment discharging the Rule..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......tioner that the provision of Article 4 of the P.O. 12 of 1972 being clear and free from ambiguity, as such, upon resorting to the preamble of P.O. 12 of 1972 the High Court Division was in error in holding that the suit was barred by limitation on the view since plaintiffs' suit was not of the k..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......iffs of the land in suit, the suit for mere declaration of title is barred by section 42 of the Specific Relief Act and that wrongly arrived at the finding of possession in favour of Firoz alone upon holding possession of Abu Sufian "may be treated as intruder", which is inconsistent to the evidence..Category: Property Law | Date: | Hits: 33
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ...... monthly rent. 5. The tenant i.e. petitioner herein contested the suit denying the contention of the plaintiff as of his being a tenant under the plaintiff and also that he is a co-sharer of the holding i.e. the premises in question and that a partition suit is pending, that there was no agreem..Category: Tenancy Law | Date: | Hits: 165
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ......bsp; down in the case of Mofizuddin Bhuiya vs. Sree Narayan Chandra Roy and other, 4 MLR (AD) 127. 6. As it appears that High Court Division discharged the Rule holding that the pre-emptor respondent No.1 is a co-sharer of the case land by inheritance and Nur ..Category: Property Law | Date: | Hits: 22
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ......s on completion of their 57th years of age. 2. The respondent No.1 in Civil Appeal No. 196 of 2000 filed Writ Petition No. 2822 of 1997 stating that on 10.3.1982 he was employed as a worker holding the post of plant attendant in Bakhrabad Gas Field at Muradnagar, which is run by the appel..Category: Employment/Service Law | Date: | Hits: 90
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
....icultural Tenancy Act, 1949 shall not apply to transfer to a co-sharer in the tenancy whose existing interest has accrued otherwise than by purchase and that transfer of portion or share of the non-agricultural land' to a stranger opens right of pre-emption to one or more co-sharer tenants of su......ause of the provisions of clause (a) of sub-section II of section 24 of the Non-Agricultural Tenancy Act, 1949 the preemption case is not maintainable and so the trial court committed error in holding that “ buniadi shariker birudhe preemption dayerer khetre kono badha nai” and s..Category: Property Law | Date: | Hits: 30
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......6. It may be mentioned it has been averred by the preemptor that he had initial knowledge about the transfer on January 21, 1995. It is also the case of the pre-emptor that he is a co-sharer of the holding land of which has been transferred by the opposite party No. 2 and that the pre-emptee is a..Category: Property Law | Date: | Hits: 20
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....nd and the plaintiff in the meantime has developed certain portion of low land after spending his own money and made it fit for cultivation though the part of the leased out land was not fully agricultural land at the time of settlement and after the expiry of 15 years under condition No. 10......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..Category: Property Law | Date: | Hits: 25
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....ad for defect of party. On appeal by the pre-emptee the appellate Court set aside the judgment of the trial Court on the view that the subject matter of the suit being a pond and as such being non-agricultural land pre-emption sought under section 96 of the State Acquisition and Tenancy Act was ......rial Court was in error in allowing the prayer for pre-emption. 3. The High Court Division set aside the judgment of the lower appellate Court on the view that the said Court was in error in holding that pond being non-agricultural land the petition filed under section 96 of the State Acq..Category: Property Law | Date: | Hits: 23
S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
....out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......estly with satisfaction of his higher authorities; on 6.6.1993 allegation of misconduct was brought against him and then by order dated 7.7.1993 he was discharged from his service without holding any enquiry and no second show cause notice was also issued upon him; the petitioner then ..Category: Employment/Service Law | Date: | Hits: 61
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......o draw the final decree. A pleader commissioner was appointed on 8.1.1975 to effect partition by metes and bounds. The pleader commissioner submitted his report to the Court on 27.5.1975 after holding proper enquiries after due service of notice on the Advocates of the respective ..Category: Property Law | Date: | Hits: 23
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......istrate on 25-02-2001 discharging the accused-petitioners from the case. Against which, the opposite-party No. 2, the informant filed a naraji petition, which was allowed with a direction for holding judicial inquiry, the learned Magistrate, who carried out judicial inquiry, submitted ..Category: Criminal Law | Date: | Hits: 42
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