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Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... claimant of the land the certificate sale was illegal. 8. The learned Advocate-on-record could not point out that the High Court Division and the lower appellate Court were in error in holding that the certificate case in which plaintiffs land was sold was started in the name of dea..Category: Property Law | Date: | Hits: 22
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
..... The defendant No. 1 moved this Court and obtained leave to consider whether the provisions of the Bengal Tenancy Act, particularly those contained in section 26C which bars all kinds of transfer of agricultural land except in certain cases excluded therein without a registered instrument which doe...... new Khatian No. 23 in the name of defendant No. 1 was wrongly prepared and that the same is liable to be recorded in his name in the rent roll Khatian No. 22. 3. The plaintiff's case is that the holding belonged to Agardi Sonaru who died leaving defendant No. 3 as heir. She made a gift of the..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ad with section 5(2) of Act II of 1947. The case was subsequently sent to the Court of Special Judge, Rajshahi Division. 7. The High Court Division by the impugned order discharged the Rule holding, inter alia, that section 339(C) of the Code of Criminal Procedure having been amended and..Category: Criminal Law | Date: | Hits: 96
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......ime pre-emptee petitioners having transferred to Malekun 2.50 acres of land, Malekun did not cease to be a co-share. 4. The learned Assistant Judge, after hearing, allowed pre-emption holding that Malekun cased to be a co-sharer due to her above transfer of 6.32 acres on 5.2.1..Category: Property Law | Date: | Hits: 34
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......n was rejected for default. Subsequently the application for restoration came up for disposal before the learned Single Judge. By the impugned order the learned Single Bench dismissed the application holding that it was stated the due to inadvertence of the clerk of the filing advocate Mr. N.K. Saha..Category: Procedural Law | Date: | Hits: 97
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....ote the said provision which is as under:- "81B. Registration of Lease Deed.- Notwithstanding anything contained in section 81 and 81 A or any other law for the time being in force, no agricultural or non-agricultural tenancy shall in law be created or deemed to have been created, ev......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ..Category: Property Law | Date: | Hits: 25
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ...... survey and accordingly after lapse of six years they cannot seek local investigation when the value of machinery and stock has admittedly deteriorated and the High Court Division fell in error in holding that the trial court properly exercised its discretion. 4. As it appears the Hi..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......vessel for carrying Kerosene, absence of pilot on the vessel and the age of the Master of the vessel and properly did not consider the inquiry report of the Department of Shipping (Ext-A) made upon holding inquiry in connection with the accident in question. The age of the Master of the vessel w..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ivision similar contention was also made from the side of condemned prisoners and in support of the above contention several decisions were cited but the High Court Division did not consider those holding that decisions referred to are distinguishable in the facts and circumstances of the p..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......t the impugned proceeding is liable to be quashed". 3. Leave was granted to consider the contention that the High Court Division on a wrong notion of law quashed the proceeding holding that 180 days (working days) have already expired and the Investigating Agency having ..Category: Criminal Law | Date: | Hits: 48
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......eally defaulters the question of further enhancement of rent could not arise but the Courts below ignoring the exhibit-'Ga' most illegally decreed the suit and discharged the Rule by illegally holding that the petitioners were defaulters. 8. We have head Mr. Md. Ozair Farooq, l..Category: Property Law | Date: | Hits: 35
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ...... the trial Court decreed the suit land in favour of the plaintiff but the Court of Appeal has modified the said decree partly in favour of the plaintiff and partly in favour of the defendant No. 1 holding the defendant is entitled to 0.43 acres of land as admitted by the plaintiff. In the s..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ......not advert to the findings and decisions of the trial Court and thereupon did not reverse the finding of the trial Court based on evidence. In our view High Court Division was not in error in holding that from the defendants' side evidence was lacking to establish the case of surrender by J..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......Abdul Gafur Talukder ever accepted the kabuliyats executed by the defendants but the appellate Court, without reversing the material findings of the trial court erroneously allowed the appeal holding that he defendants acquired title and possession in the land in suit on the basis of kabuli..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......the kabuliyat being made for only one year, the claim of the plaintiffs has no legal force as the period of kabuliyat expired. 5. As it appears the High Court Division made the rule absolute holding that there is no dispute as to the fact that the suit land was taken settlement by the fath..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......th malafide intention, is denying those deeds. The trial court decreed the suit declaring that the Sale Deed No. 5666 dated 13.12.1956 as void, forged, collusive and not binding upon the plaintiff holding that the contents of the same show that the name of the vendor as "Jager Hossain"..Category: Civil Law | Date: | Hits: 83
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......land in suit in fact stands in the name of Abdul Ali alone and in the background of the facts and the materials brought on record the same was not acted upon, that the appellate Court was wrong in holding on the basis for of noting about the patta in the R.S. record that Hakim Jan Bibi had the 8..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ...... 2. The respondent No.1, on 1st November 1994, filed an application under sections 81(2) and section 85(3) of the Companies Act 1994, which was registered as Matter No.106 of 2003, praying for holding the 20th Annual General Meeting of the respondent No.2, hereinafter referred to as the comp..Category: Business or Commercial Law | Date: | Hits: 78
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......e Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 respectively. Admittedly the suit land measuring .17 acres being C.S. Plot No..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......line for the exercise of power to order or cause an enquiry to be made by the commission into the affairs of the issuer of a listed security from amongst a group of companies similarly situated and holding similar status, there invariably exists the scope for arbitrary exercise of such discretion..Category: Criminal Law | Date: | Hits: 36
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