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Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
.... discharged. 5. We have heard Dr. Rafiqur Rahman, the learned Counsel for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the suit land belonged to Osman Gani who transferred the same in favour of his wife ......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ..Category: Property Law | Date: | Hits: 26
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....y 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) 667. ......d appeal, could not take any step for filing civil revisional application within time. 4. As it appears, the High Court Division rejected the application for condonation of delay holding that the explanations offered for condonation of delay were not at all satisfac..Category: Procedural Law | Date: | Hits: 68
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......bout the deed of Wasiyatnama in question. 6. Both the suits were tried analogously by the learned Assistant Judge, Patgram, Lalmonirhat and Other Class Suit No.3 of 1999 was decreed in part holding the Wasiyatnama to be a valid Wasiyatnama to the extent of 1/3 rd of Namiruddin and dismiss..Category: Property Law | Date: | Hits: 23
Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
.... the petitioners factory has been disconnected. 5. The High Court Division disposed of the application upon observing "It appears that this application of the petitioner involved disputed facts which should be resolved between the parties themselves. So we direct both the parti......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ..Category: Others | Date: | Hits: 92
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
.... for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the pre-emptor is a co-sharer in the disputed holding and the pre-emptee is a strang......h Court Division and other connected papers. 6. It is not disputed that the pre-emptor is a co-sharer in the disputed holding and the pre-emptee is a stranger. The miscellaneous case appears to have, been filed w..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....d the trial Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous land holders of the land under pre-emption. On appeal, the Court of appeal below found that the disputed property is a compact block of land and the plots are contiguous to each other and also c......Act. 5. It appears from the record that the pre-emptor filed a pre-emption case under Section 96 of the State Acquisition and Tenancy Act and the trial Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous land holders of the land under pre-emption. On..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......ciple that one should not be deprived of benefit/post without affording him opportunity to put forward his case in support of the entitlement of enjoying the benefit or competency of holding the post. 8. Leave was obtained for consideration of the contention that the High Co..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......la by which Md. Amanullah acquired the property, affidavit and the other papers as well as mutation fees. 9. The learned Advocate submitted that lower appellate Court was in serious error in holding that the suit as framed was not maintainable in that plaintiffs sought for declaration of h..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ...... 50 lacs from him but without success. Being aggrieved the writ-petitioner-respondent moved the above mentioned Writ Petition before the High Court Division whereby the learned Judges passed an order holding that the respondent is not liable to serve out the unserved portion of the sentence and he i..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....eral for the appellants and Mr. Khandker Mahbubuddin Ahmed, the learned Counsel for respondent No. 2 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that an area of 1.26 acres of land situated in Mouza South Kattali, PS Pahartali, District-......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....notice the property cannot be treated as an abandoned property. 12. It may be mentioned the High Court Division while making the Rule absolute has observed "in the instant case it is not disputed that no notice was issued upon the petitioner before enlisting the property in the ‘......ppeal, by leave, is against the judgment dated July 19,1992 of the High Court Division in Writ Petition No. 336 of 1987 making the Rule absolute and thereupon declaring inclusion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unla..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....cation to have been made without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which ......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..Category: Business or Commercial Law | Date: | Hits: 89
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....hammad himself for the year 1351 BS on 5-7-1351 BS Exhibit 1(1) and for the years 1354 BS, 1353 BS and 1352 BS on 8-8-1354 BS (Exhibit 1) showing their continuous possession following title in the disputed land and though in the paper it is mentioned about the incorporation of Exhibits 1-1(1) se......ves that he is owner of the property. The learned Counsel further submitted that the suit being a suit for declaration of title and recovery of khas possession, the High Court Division erred in holding that "In this particular case the opposite parties plaintiff's have long uninterrupte..Category: Property Law | Date: | Hits: 25
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
.... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ......ed cannot be considered illegal, that there has been no violation of the Articles 27 and 31 of the Constitution in issuing the Memo, in question since the same has been issued only for the purpose of holding an inquiry about the allegation of mis-appropriation of government funds and thereby causing..Category: Anti-Corruption Laws | Date: | Hits: 113
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ......d respondent No.2 signed memorandum of evidence himself and did not raise any objection against the enquiry committee and, as such, the judges of the High Court Division misdirected themselves in holding that the delinquent was not given proper opportunity of being heard and the materials &nbs..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......he ACC and the ACC Rules, inasmuch as the High Court Division stepped outside its province by making the said observation. He further submits that the High Court Division committed an error of law by holding that "section 26(2) is bad in the eye of law" on the erroneous basis that the provision of p..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....riginal tenant Abdul Motalib when defendant No.1 in his deposition has stated that he is Managing Partner of the defendant No.2, a firm registered in the office of the Registrar of Firms. 8. The undisputed fact is that defendant No.1’s father Abdul Motalib was a monthly tenant of the premises i......he tenant from the liability of payment of rent as per agreement or in the absence of a written agreement within the time specified in the statute, whether the High Court Division was in error in not holding that the plaintiff has bonafide requirement of the suit premises to construct a residential ..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....ent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the numbers of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Chittagong long befo......of abandoned buildings published in the Bangladesh Gazette on the 23rd September, 1986 under Ordinance No.54 of 1985. The respondent then filed Case Nos. 1084 of 1987 and 183 of 1988 in respect of holdings Nos.426 and 427 respectively before the Court of Settlement which dismissed both the cases..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....ttorney General for the appellants and Mr. T. H. Khan, the learned Counsel for respondent Nos.1-3 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that by gazette notification dated 20.02.1950 the total area of C. S. Plot No.533 (suit pl......d thereupon the aforementioned Miscellaneous case was stated. The prayer for restoration of the original suit to its file and number was opposed by the plaintiff. The trial Court dismissed the case holding that the petitioners of the miscellaneous case failed to make out a case for setting aside..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....d Mr. Bivash Chandra Biswas, the learned Advocate-on- Record for Respondent No.1 in all the cases and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the original pre-emptor, Shusil Kumar Ghosh became co-sharer in the case holdings by......ng in total .53 decimals of land sold under three registered kabalas under section 96 of the E.B.S.A. and Tenancy Act, 1950 stating, inter alia, that the pre-emptor No.1 is a co-sharer in the case holdings recorded under S.A.Khatian Nos. 73, 74 and 75 on the basis of purchase vide registered kab..Category: Property Law | Date: | Hits: 25
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