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Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)

....asers since there was restriction for transfer for more then 10 bighas of land at that time. In fact those deed, are sale deeds. An area of 3.90 acres of land of the plaintiffs were acquired by the Government and they had taken compensation money for the said land. Tabarak Hossain Mollah execute......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:  V ADC (2008) 136. ..

Category: Property Law | Date: | Hits: 23

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

....at one individual was permit­ted to import one reconditioned vehicle which was more than five years old for his personal use and in anoth­er case vehicles more than 5 years old for use in the Government Project were permitted to he imported. But the petitioner's case is otherwise as the im...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..

Category: Business or Commercial Law | Date: | Hits: 139

Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Pubali Bank Ltd. Head Office, 26 Di1kusha Commercial Area Dhaka…….Petitioner Vs. The Government of the Peoples Republic of Bangladesh, repre­sented by the Secretary, Ministry of Co......und 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) 112. ..

Category: Property Law | Date: | Hits: 36

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....name of the said Zimander. The government by virtue of two different notifications dated 15.12.1953 and 31.3.1985 published in the official Gazette vested the suit land in the Forest Department of Government. Since then the Forest Department of the Government has been looking after and managing ......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..

Category: Property Law | Date: | Hits: 35

Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)

....ration. On the basis of those kabala deeds, the defendants did not take over the possession of the suit land. The plaintiff has been possessing the suit land on payment of rent and other taxes to the Government. She has been performing the functions of Mutwalli of the Waqf Estate. Hence is the suit.......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..

Category: Tenancy Law | Date: | Hits: 155

Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)

.... benefits on the averments that he, on 9.5.1996, was appointed as the Deputy General Manager of Bangladesh Overseas Employment and Services Ltd (BOESL), a public limited company fully owned by the Government on the basis of an open competitive process and he joined in his service on 18.5.1996 an......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..

Category: Employment/Service Law | Date: | Hits: 71

Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Government of Bangladesh ......Appellant Vs. Rabaya Begum & another ........Respo......als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..

Category: Property Law | Date: | Hits: 27

Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

....total quantity of 36.06 acres including homestead was allotted to him and the remaining 45.75 acres of land was declared excess under section 20 of the Act; and the excess land was acquired by the Government. The mutwalli prayed for release of the excess land upon which Case No. 16 of 1961-62 wa......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..

Category: Trust/Waqf Law | Date: | Hits: 171

Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)

.... also filed a case under section 145 of the Code of Civil Procedure against the plaintiff. But in that case possession of the plaintiff was found. 4. The plaintiff paid rent of the holding to the Government from 1363 to 1369 B.S. In Chaitra, 1370 B.S. the Tahsildar refused to accept rent from hi......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..

Category: Property Law | Date: | Hits: 37

S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)

.... should be kept pending till dispos­al of the Criminal Leave to Appeal No.36 of 2004. For that in view of the fact that jurisdiction of the tribunal to try a case being determined by the Government under Section 5 of the Ain, the instant transfer going contrary to the said provi­s......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ..

Category: Criminal Law | Date: | Hits: 47

Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)

....1 dated 01.03.2004 was started and the police after investigation submitted charge sheet against the accused petitioner and others under Sections 326/302/109/34 of the Penal Code on 16.03.2005.The Government by notification in the official gazette transferred the cases for trial before the Druto......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ..

Category: Criminal Law | Date: | Hits: 64

Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)

....the suit property belonged to Jogendra Mohan Chakraborty and Lat Mohon in equal shares and after partition in 1947 they left for India and settled there and 1.18 acres of land was taken away by the Government as khas land and that 1.05 acres of land out of the suit plot was set­tled in favour......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

Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....l) Present Syed J.R. Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Abdur Rahim………………Petitioner Vs. Government of Bangladesh, rep­resented by the Secretary, Ministry of Power, Energy and Mineral ......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)

....n the petitioner. Very small amount of money on the basis of a prelim­inary award was paid to the petitioner ini­tially which he received on protest, on gazette notification was made by the Government and hence no final award was made and as such full compensation money was not paid to th......correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ..

Category: Property Law | Date: | Hits: 26

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. ......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. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 210

State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)

....nt Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 172; Abdul Wadud Vs. the State, (1995) 3 B......nal Law Amendment Act, 1958 read with section 167(5) of the Code of Criminal procedure we are of the view that the aforesaid Criminal Proceeding lost its legal force inasmuch as the investigation agency failed to submit the charge-sheet within 180 days from the date of institution of the case...

Category: Criminal Law | Date: | Hits: 48

Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....the said auction but the same was withdrawn; that after the death of the father, the defendant No. 4 got the suit land by way of inheritance and he has been possessing the same paying rents to the Government and that the suit filed by the plaintiff is false. 4. The learned Munsif (now Ass......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. ..

Category: Property Law | Date: | Hits: 30

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

....raben Nessa and Lokman son of Giasduddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government, that there is passage over the suit plot No. 837 and the said path has divided the land......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. ..

Category: Property Law | Date: | Hits: 28

Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)

....e not genuine documents or that the same was not acted upon (c) the R.S. Khatian was prepared in the names of the defen­dants (d) the defendants paid rent to Abdul Gafur and subsequently to the Government Acquired Estate which show that the defendants have been possessing the suit land (e) if......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. ..

Category: Property Law | Date: | Hits: 28

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

....is Case is also Reported in: IV ADC (2007) 664. ......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. ..

Category: Property Law | Date: | Hits: 27