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Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ......e pre-emptee is that he purchased the case land from the seller within the knowledge of the pre-emptor and took possession of the same and got his name mutated by creating a separate holding and also erected dwelling house in the case land as per plan approved by Mathbaria Pourasha..Category: Property Law | Date: | Hits: 25
Md. Ziarat Hossain Vs. Md. Jaher Ali 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) 239. ...... co-shares and the claim of the defendants regarding their alleged title is dependant on proving many successive transfers in respect of the suit land and the High Court Division acted illegally in holding that the plaintiff failed to prove dispossession. 4. As it appears the High Court Di..Category: Property Law | Date: | Hits: 44
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ...... the trial Court has held that there is evidence that Suresh Chandra Chowdhury had a son named Sanker Prashad Chowdhury and has been possessing the suit land. The trial Court also decreed the suit holding that on 06.09.1972 the defendants have dispossessed the plaintiff from the Schedule-3 ..Category: Property Law | Date: | Hits: 29
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......at defendant No.1 has proved the fact of auction sale of the land by producing the sale certificate. The High Court Division further observed that the trial Court was in serious error in holding that defendant gave undertaking in Title Suit No. 121 of 1986 that he would not use the sal..Category: Property Law | Date: | Hits: 37
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......granted to consider the submission that the learned Judges of the High Court Division have committed error of law in construing sections 5(4) (5) and 6(Ka) of the Artha Rin Adalat Ain, 1990 in holding that section 56 of the Code of Civil Procedure will have no manner of application prohibiti..Category: Civil Law | Date: | Hits: 111
Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)
....ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ......d belonged to Tarini or to Brindaban. It was further contended that since the property was not redeemed and as such by lepse of time mortgage became a sale and thus court below was in error in not holding that the plaintiff being son of Tarini is entitled to .90 acre of land which was mortgaged ..Category: Property Law | Date: | Hits: 27
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)
....High court Division committed no illegality in dismissing the appeal. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ...... were disposed of by the Deputy Registrar of Trade Mark by the judgment and order dated 29.09.2002 rejecting the application allowing the opposition case No. 52 139 in class 25 filed by the applicant holding that the opponent respondent No. 2 is the adopter and prior user of the mark Cannon belongin..Category: Intellectual Property Law | Date: | Hits: 196
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ...... case also the appellants i.e. the writ respondents were selected on the basis of merit. It was further stated that in case of excessive number of candidates there was under the rule, necessity of holding examination but in the instant case there being 49 candidates against four posts, there was..Category: Employment/Service Law | Date: | Hits: 100
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ...... the petitioners were convicted without fixing their specific liability which has caused a total failure of justice. 6. As it appears that the High Court Division dismissed that appeal holding that P.W.1, Md. Ataur Rahman Mia, inquired the DAB ER No. 61/92 dated 7.9.1992 which was re..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......of the above, the petitioner was convicted without fixing his specific liability which has caused a total failure of justice. 6. As it appears that the High Court Division dismissed the appeal holding that P.W.1 Md. Ataur Rahman Mia inquired the DAB ER No. 61/92 dated 7.9.1992 which was recor..Category: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ......on March 4, 1984. It is evident that he transfer sought to be pre-empted in Miscellaneous Case No.6 of 1984 took place at a time when the plaintiffs did not acquire any interest in the land of the holding. In that view of the matter we are of the view High Court Division was not in error in dism..Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......along with declaration of title but did not put in requisite court fees for the relief of confirmation of possession. 6. As it appears the High Court Division discharged the Rule holding that both the courts below concurrently found that the plaintiffs could not prove thei..Category: Property Law | Date: | Hits: 30
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
.... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ......ed Advocate-on-Record in support of the etition has taken us through the impugned judgment and order and submits, inter alia, that the High Court Division committed error of law in not holding that the plaintiff petitioner's mother transferred the suit property by the executing and ..Category: Property Law | Date: | Hits: 24
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
.... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ...... No.1 is in possession of the same and the plaintiffs were no longer in possession of the suit land after the auction sale. 4. The trial court decreed the suit in preliminary from holding that suit land appertains to C.S. Khatian No. 117 and both parties admitted that Sarbananda..Category: Property Law | Date: | Hits: 67
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......bove premises, it was submitted that the impugned order has been passed without lawful authority and is of no legal effect inasmuch that the learned respondent No.1 Court erred in law in holding that it has jurisdiction since the name of the opposite party-respondent No.2, the Internat..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......Settlement for our perusal. It appears that except memo dated 27.03.1986 issued by the Administrative Officer, Mohammadpur Housing Estate, Dhaka acknowledging payment of the lease money of the case holding other documents were filed along with application under Section 7 of Ordinance 54 of ..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......e deed dated 14.6.65; that for the purpose of ingress to and egress from the said land he made an arrangement with his vendor for a passage 4ft wide commencing from the north-western extremity of his holding connecting the Elephant road, as described in Schedule B to the plaint, on the basis of an e..Category: Property Law | Date: | Hits: 31
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......The finding so made by the High Court Division could not be assailed by the learned Counsel. 8. It has also been submitted by the learned Counsel that the High Court Division was in error in holding that provision of Section 43 of the Transfer of Property Act has no application in the..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......section 47 of Registration Act is misconceived because Dud Mia was not entitled to transfer the properties belonging to his sisters. 6. As it appears the trial Court dismissed the suit holding that the plaintiffs purchased 60½ decimals of land from Dud Mia by sale deed da..Category: Property Law | Date: | Hits: 19
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......nable and the High Court Division erred in law in observing that order 9 Rule 9 CPC is applicable in such proceeding. 4. As it appears the High Court Division discharged the Rule holding that in the case of Kazi Mohammad Joyan Ali and another vs. Raja Pramanik and ors. report&s..Category: Property Law | Date: | Hits: 26
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