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Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ...... by kabala dated 29.3.1982 and delivered possession of 24 sataks of R.S plot Nos.1943, 1937, 1938. Thus the pre-emptors are both co-sharer by inheritance and also by purchase in the case holding. The pre-emptors are also contiguous owner of the case holding in northern, southern and we..Category: Property Law | Date: | Hits: 29
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......al No. 256 of 1968 in the Court of District Judge, Faridpur, which was heard and disposed of by the learned Subordinate Judge, Faridpur, by judgment and decree dated 26.05.1969 allowing the appeal holding, amongst others, that the suit was hopelessly time barred and the defendants were in p..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ved al a correct, decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 823. ......n. Hence this civil petition for leave to appeal by the petitioner. 6. Mr. Abdus Salam Khan, the learned senior Advocate for the petitioner submits that the High Court Division erred in holding that suit was barred by limitation inasmuch as it was so held without properly ad..Category: Property Law | Date: | Hits: 30
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......as such there was no occasion for her to compromise the Title Suit No.616 of 1969 filed by the defendant No.1. 12. The High Court Division set aside the judgment of the court of appeal below holding plaintiffs suit was bad for defect of parties i.e. for non-impleading the persons whose nam..Category: Property Law | Date: | Hits: 35
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ......ated 16.07.2002, upheld the appointment of Nikah Registrars of 10 Wards of Dhaka City Corporation which was abolished earlier by the government including the Word No. 99 of which the petitioner is holding license of Nikah Registrar and that by SRO No.12 Law/39 dated 19 January 1993, Rule 5A was ..Category: Civil Law | Date: | Hits: 100
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......as not at all premature. The next contention that the executing court had no authority to pass the impugned order has been correctly decided by the High Court Division holding that the learned Additional District Judge did not adjudicate in the matter and he only all..Category: Civil Law | Date: | Hits: 109
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....or the petitioner and Mr. A.S.M. Khalequzzaman, the learned Advocate-on-Record for respondent Nos.1-7 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the predecessors-in-interest the plaintiff and the defendants namely, Salamatullah Maz......he shop. Thereafter, Bazlus Sobhan sold the suit land to Salamatullah by kabala dated 03.01.1985. The purchaser got his name mutated in the records of the Revenue Department and has been paying rent, holding taxes etc. Amena Khatun fraudulently created a deed of gift in respect of 35 decimals land (..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....Suit No.80 of 1994 on 29.11.1994 before the learned Assistant Judge, Mongla within the District Bagerhat for declaration of title in kha schedule land against the present petitioners. 3. The disputed land and other khas lands measuring 38.12 acres and the under raiyates of C.S. Khatian No.......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......ding your share my share 0.32 decimal in plot No. 1121 and 0.12 decimal in plot No. 1128 is gifted. 8. It was also stated that the defendant No.1 is a stranger, he is not a co-sharer in the holding Nos. 414 or 200. But after execution and registration of the gift deed dated 14.01.1998, t..Category: Property Law | Date: | Hits: 33
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......ut reversing the finding and observation of the trial Court and as such it was not at all a proper judgment of reversal; that the appellate Court misconstrued and misread the evidence by holding wrongly of the talk of the predecessor of the present petitioners of sale with defendant No..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......that he did not serve any notice to the co-sharer tenants in respect of purchase of the case land on 31.12.95 and 4.2.1996. 5. As it appears the High Court Division discharged the Rule holding that the respondent Nos.5 and 6 of the original pre-emption case, the original vendors, sol..Category: Property Law | Date: | Hits: 23
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ity 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: VI ADC (2009) 763. ......9;...............বাদীরা ওয়াল করিতে পারে নাই," decreed the suit holding that the defendants could not prove their exclusive possession in the suit land but the ap..Category: Property Law | Date: | Hits: 26
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......dants who entered into a compromise, disclaiming as district kindred their claims are barred by estoppel. The learned Advocate finally submitted that the High Court Division committed error of law by holding that the claim of inheritance made by the defendant has been admitted by not denying the c..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....weather remedy nor a remedy for all wrongs. It is available only when "no other equally efficacious remedy is provided by law". Delay will defeat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere......ot having challenged the said Rules as ultra vires the Constitution and the grievances raised in the writ petitions are regarding seniority in the service, the High Court Division erred in law in not holding that the writ petitions are not maintainable. The learned Counsels further submitted that th..Category: Employment/Service Law | Date: | Hits: 118
....put to sufferings of various nature including physical torture. Though the allegations have been made against said Naser Rahman but he has not been made a party in the writ petitions. The respondents disputed the allegations of loss, injury and torture and asserted that the cancellation of the contr...... with Mr. Fida M. Kamal, learned Additional Attorney General, appearing for the appellants in C.A. No. 244 of 2005 that the High-Court Division erred in law in making the rule absolute instead of not holding that the instant writ petition is not maintainable in respect of a plain and simple commerci..
Category: Civil Law | Date: | Hits: 212
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......used the petition and the impugned judgment and order of this Division and also other connected papers. 4. As it appears this Division, after hearing, dismissed above civil petitions holding that the High Court Division correctly found that the petitioners, being defaulters, cannot..Category: Property Law | Date: | Hits: 48
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......ding 25% solatium on the auctioned value to the auction purchaser as the auctioned property is only homestead of the petitioners. 4. As it appears the High Court Division discharged the Rule holding that admittedly the auction purchaser, the respondent No.4, has already got the sale deed i..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......ismissed the appeal. Thereafter the petitioners moved the High Court Division and obtained Rule in Civil Revision No.3989 of 2007 and the High Court Division, after hearing, made the Rule absolute holding that the contents of the agreement show that the petitioners did not desire to sell that su..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......a dated 11.1.1952 is not hit by section 107 of the Transfer of Property Act and that the suit land is part of plot No. 533. 2. As it appears this Division dismissed the above civil petition holding that the High Court Division, on perusal of the judgment of the Courts below found that the..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......s Captain Md. Kismat Hashem, Major Ahmed Shariful Hossain alias Shariful Islam passed by the learned Sessions Judge, Dhaka in Sessions Case No. 319 of 1997 was set aside by the third learned Judge holding them not guilty agreeing with the view taken by Md. Ruhul Amin, J and accordingly the Death..Category: Criminal Law | Date: | Hits: 310
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