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Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....s. Khurshed Jahan, the learned Advocate-on-Record for respondent Nos.1-4 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the pre-emptor and pre-emptee Nos.1-5 are co-sharers by inheritance in the disputed ......bsp; the judgment of the High Court Division and other connected papers. 6. It is not disputed that the pre-emptor and pre-emptee Nos.1-5 are co-sharers by inheritance in the disputed holding. Since the original jama of the C.S. Khatian remained intact, the pre-emption case hit by s..Category: Property Law | Date: | Hits: 19
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......ition for Leave to Appeal is directed against the judgment and order dated 27.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 5047 of 1998, discharging the Rule upholding the order No.34 dated 15.10.1990 passed by the Additional Assistant Judge, 1st Court, Gazip..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......mitted that the proceedings leading to the impugned order of retirement being taken when the writ petitioner was acting as a Magistrate in the Executive Branch, the High Court Division erred in holding that the proceeding was bad for want of consultation with Supreme Court as required under ..Category: Employment/Service Law | Date: | Hits: 62
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ...... to serve the notice. On the aforesaid finding the High Court Division made the Rule absolute. 7. The learned Counsel for the petitioner submits that the High Court Division was in error in holding that the person who served the notice was not authorized to serve the same since Gazette N..Category: Property Law | Date: | Hits: 22
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......e above the victim committed suicide. 8. Accordingly we are of the view that the High Court Division considering the evidence on record and the circumstances arrived at a correct decision in holding that the respondent is entitled to benefit of doubt as the prosecution failed to prove the ..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
.... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......ted July 17, 2000 written by the ministry of Home Affairs directing the Police Commissioner, Metropolitan Police, Dhaka to handover possession of the building in Plot No. C.W.N. (B3), Road No.115, holding No.124, Gulshan Avenue (hereinafter the property) wherein the Gulshan Police Station was at..Category: Property Law | Date: | Hits: 28
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....above position and also on relying on the case of Rafizuddin vs. Molla Barman, reported in 43 BLD(AD) 215 where it has been held that, "In a simple suit for permanent injunction with regard to disputed land the relief is available to a person who is in possession. The court may require incid......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......discharged the Rule. 5. We have heard the learned counsel for the petitioner and perused the judgment and order materials on record. 6. As it appears the High Court Division discharged the Rule holding that in the plaint the plaintiff No.1 described himself as "¯^qs †mevBZ c‡¶ kªx kªx ..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......shment by issue of orders retrospectively and giving retirement benefits provided they had the prescribed length of service, the learned Administrative Appellate Tribunal committed an error of law in holding that the petitioner being a work charge employee is not entitled to get pension benefits." ..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......tunity to defend him. 4. As against that the defendant bank preferred Other Class Appeal No.30 of 2002 and the learned District Judge, Bogra, after hearing, dismissed the appeal holding that no notice to show cause was issued before suspending the plaintiff and thereby princi..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....d Counsel for the appellant and Mr. Md. Faruque Ahmed, the learned Counsel for respondent Nos.1-2 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit land belonged to Haribhushan Debnath. The plaintiffs' case is that he got th......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......ption Act, 1947 and initiation and continuation of the above proceeding against the petitioners are abuse of the propose of the Court. 5. As it appears the High Court Division discharged the Rule holding that the charge sheet in G.R. Case No. 20 of 1997 was received by the learned Chief Metropol..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....ellaneous case shall and dismissed; the Government having died to comply with the said condition the Miscellaneous case stood dismissed for default the respondent No.1 had been in possession of the disputed building since the date of agreement dated 8.1.70 and being in possession he got his name m......ernment Khatian and has been paying municipal taxes, gas bills and so the decision of the High Court Division does not call for any interference. 6. The High Court Division made the Rule absolute holding as follows: "On perusal of the Judgment of the Court of Settlement we find that while di..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... fact of payment of rent for the accreted land till the time of acquisition of the rent receiving interest by the Government to the landlord has not been established by adducing any evidence. The undisputed position is that the accreted land has not been recorded in S.A. khatian. Had the accreted...... the accreted land surveyed and prepared the ÒPPv© g¨vcÓ with the "PPv© " plot. The learned Counsel further submitted that the trial Court was not in error in holding in the background of the materials on record that the plaintiffs failed to prove that there..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......f the Constitution of the People's Republic of Bangladesh. 3. Upon hearing the parties a Division Bench of the High Court Division discharged the rule by judgment dated 18th November, 1998 holding, inter alia, as follows: "We have considered the case of Md. Srafiullah V. The..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......politan Magistrate by his order dated 13.9.1995 sent the Naraji petition to Mr. M. U. Khandaker, Metropolitan Magistrate, for taking action under section 200 of the Code of Criminal Procedure and for holding judicial inquiry under section 202 of the Code of Criminal Procedure and for report. The sai..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... the trespassers under Memo No. 916(3) dated 15.07.1999. 7. As it appear the High Court Division discharged the Rules upon observing that "It is will settled that in a case where basic facts are disputed and the complicated questions of law and fact depending on evidence were involved the writ ...... the Circle Officer (Rev), Tejgaon Circle, Dhaka to hold enquiry and furnish report as to whether the property in question was vested and non resident property and then the Circle Officer (Rev) after holding local enquiry submitted report vide his Memo No. 266/1107/81 dated 17.04.81 and the conten..Category: Property Law | Date: | Hits: 40
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......ntiffs are the relevant authority has initiated the proceedings in question. In the said state of the matter we are of the view the High Court Division as well as courts below were not in error in holding that the suit filed by the plaintiffs is not maintainable. The learned Advocate-on-re..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....nected papers. 7. The learned Counsels for the parties submit that the High Court Division committed illegality in directing the court of appeal to take additional evidence and get the disputed L.T.I, examined by expert without setting aside the judgment of the appellate court and w......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, 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: V ADC (2008) 614. ......e High Court Division by the impugned judgment and order dated 28-06-1994 made the Rule absolute and after setting aside the judgment and decree of the lower appellate Court decreed the suit holding, inter alia, that the lower appellate Court had wrongly affirmed the trials Court's decree..Category: Property Law | Date: | Hits: 21
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