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Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....t is further found by the Additional District Judge, that the very important and primary evidence as regard limitation, plaintiffs knowledge and bonafide of the signature of Haridas (father) on the disputed gift were not available and that would be lawful and equitable to send this suit back for ......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ..Category: Property Law | Date: | Hits: 24
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... Advocate-on-Record for the petitioner and Shahed Alam, the learned Advocate for respondent No. 2 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the writ petitioners are employees of different Companies incorporated under the...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ..Category: Employment/Service Law | Date: | Hits: 76
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......amendments as sought are necessary for the purpose of determining the real controversies between the parties. 6. As it appears the High Court Division passed the impugned judgment and order holding that the original suit is for declaration of title simplicator and the proposed amendm..Category: Civil Law | Date: | Hits: 107
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....orrect 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) 209, 16 MLR (AD) (2011) 413. ......atema Khatun. While the plaintiff was in possession of the suit land some miscreants tried to dispossess him from the suit land when he filed an application before then Martial Law court which upon holding enquiry handed over possession of 1.20 acres of land under Dag Nos. 1123, 1124, 1126, 1127, ..Category: Property Law | Date: | Hits: 26
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....ect decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 206. ......f the tax payable against the imported goods. The respondent then moved Writ Petition No. 4500 of 2001 in the High Court Division wherein the rule was issued but ultimately the rule was discharged holding the same to be premature. The respondent thereafter unsuccessfully moved the Appellate Divi..Category: Fiscal/Taxation Law | Date: | Hits: 55
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....sion had no jurisdiction to disturb the final finding of facts without reversing the finding of the appellate court. 9. In this case admittedly the pre-emptor is a co-sharer. It is also not disputed that he filed the pre-emption case within four months of the date of knowledge of the tran......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ..Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ...... written statement on her behalf and the petitioner never admitted the right and possession of the predecessor of respondent Nos.1-4 and as such, the High Court Division committed an error in holding that the case of the petitioner was contested in the S.C.C. Suit; that as Civil Revisi..Category: Civil Law | Date: | Hits: 94
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ...... had not confirmed the sale transaction and the contention of respondent No. 1's counsel is incorrect. 13. The question for consideration, therefore, is whether the learned Custodian was right in holding that the Additional Custodian had not confirmed the transaction. I have already reproduced t..Category: Property Law | Date: | Hits: 28
Lala Ghand Sarder Vs. Abdul Huq and others, 2007, 36 CLC (AD)
.....08.1983. It is undoubtedly, a great hardship to the petitioner to be deprived of the case land without being paid the price of the land prevailing at the time of execution and registration of the disputed sale deed. But Section 96 of the State Acquisition and Tenancy Act having not provided rel...... the consideration with statutory compensation. 3. The petitioner contested the case by filing a "written objection denying the material allegation stating, inter alia, that the case holdings recorded in R.S. Khatian Nos. 47, 31 and 153 in the names of Haralal Ghose, Priollal Ghos..Category: Property Law | Date: | Hits: 20
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ...... confirmation in service and also for acquiring their eligibility for promotion to the senior scale they could not do so as the Government could not take any steps or make any arrangement for holding such departmental examination and the foundation training within the period of their p..Category: Employment/Service Law | Date: | Hits: 122
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... 102 of the Constitution and obtained the present Rule. 3. Mahbubey Alam, learned Counsel, appearing for the petitioner submits that the High Court Division Committed an error of law in holding that the petitioner if has any grievance against such appointment he could prefer appeal un..Category: Trust/Waqf Law | Date: | Hits: 173
Professor Dr. Niaz Zaman Vs. Rajdhani Unnayan Kartipakhya and others, 2003, 32 CLC (AD)
....e-C annexed thereto do form part of this order. With the above observation and the aforesaid directions this petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 101. ......out plan in the 1990s also keeps the open space and promises to keep the space open. 3. Dr. M. Zahir, the learned Counsel appearing for he petitioners submits that the High Court Division erred in holding that the effect of the lay out plan is to prevent public construction and not private cons..Category: Property Law | Date: | Hits: 36
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....gistrate, Chittagong. 3. In the Criminal Miscellaneous Case it was stated that the petitioner Bangladesh Co-Operative Book Society Ltd., having its Head Office at Chittagong is owner of the disputed Shop No.9 situated, at Niaz Monjil, 922, Jublee Road, KotwaJi, Cnittagong. The respond......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......ing to GR. No. 69 of 1996 was stated. 5. Police took up investigation, visited the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, prepared sketch map with separate index of the place of occurr..Category: Criminal Law | Date: | Hits: 38
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 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) 153. ......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) 153. ..Category: Property Law | Date: | Hits: 18
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 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) 142. ......ounsel of the petitioner, perused the impugned judgment and order of the High Court Division and other connected papers. 4. As it appears the High Court Division made the Rule absolute holding that after the suit was fixed for preemptory hearing the defendant petitioner filed an addi..Category: Civil Law | Date: | Hits: 106
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....tered by the plaintiff-petitioner in favour of the defendant-opposite party was forged, void, inoperative and was not binding upon the plaintiff-petitioner on the allegations, inter alia, that the disputed land to the extent 16½ decimals covered by the aforesaid disputed kabala deed......5.2006 passed by the High Court Division in Civil Revision No.306 of 1996 making the Rule absolute and setting aside the judgment and decree dated 28.09.1995 passed in Other Appeal No.75 of 1994 upholding the judgment and decree dated 26.06.1994 passed in Other Suit No. 44 of 1994. 2. The..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ...... learned counsel of the petitioner, and perused the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the trial Court decreed the suit holding that the plaintiff claimed his title on the basis of deed of settlement dated 28.5.1948&nbs..Category: Property Law | Date: | Hits: 25
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......tin J.- This petition for leave to appeal is directed against the judgment and order dated 28.11.2005 passed by the High Court Division in Civil Revision No.6562 of 2001 discharging the Rule and upholding the judgment and order dated 09.09.2001 passed by the learned Subordinate Judge, Patiya, Ch..Category: Property Law | Date: | Hits: 25
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......alive on 24.10.1985 sold his expected share in favour of Surat Afzal Begum. Moniruzzaman purchased before hand the entire share of Nonibala on 24.12.1980. So, the pre-emptor became co-sharer in the holding. That pre-emptee Nos.1-2 on 07.02.1987 disclosed his purchase. The pre-emptor than ob..Category: Property Law | Date: | Hits: 28