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Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ...... monthly rent. 5. The tenant i.e. petitioner herein contested the suit denying the contention of the plaintiff as of his being a tenant under the plaintiff and also that he is a co-sharer of the holding i.e. the premises in question and that a partition suit is pending, that there was no agreem..Category: Tenancy Law | Date: | Hits: 165
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ......bsp; down in the case of Mofizuddin Bhuiya vs. Sree Narayan Chandra Roy and other, 4 MLR (AD) 127. 6. As it appears that High Court Division discharged the Rule holding that the pre-emptor respondent No.1 is a co-sharer of the case land by inheritance and Nur ..Category: Property Law | Date: | Hits: 22
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ......s on completion of their 57th years of age. 2. The respondent No.1 in Civil Appeal No. 196 of 2000 filed Writ Petition No. 2822 of 1997 stating that on 10.3.1982 he was employed as a worker holding the post of plant attendant in Bakhrabad Gas Field at Muradnagar, which is run by the appel..Category: Employment/Service Law | Date: | Hits: 90
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
....g opposite party Nos. 2-15 who, on 20.1.1995, sold 6 ½ decimals of land from the aforesaid dag to the petitioner and on 3.4.1995 they, without any notice to the petitioner also sold the disputed land measuring 6 ½ decimals to the pre-emptee opposite party No.1 who is a stranger......ause of the provisions of clause (a) of sub-section II of section 24 of the Non-Agricultural Tenancy Act, 1949 the preemption case is not maintainable and so the trial court committed error in holding that “ buniadi shariker birudhe preemption dayerer khetre kono badha nai” and s..Category: Property Law | Date: | Hits: 30
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......6. It may be mentioned it has been averred by the preemptor that he had initial knowledge about the transfer on January 21, 1995. It is also the case of the pre-emptor that he is a co-sharer of the holding land of which has been transferred by the opposite party No. 2 and that the pre-emptee is a..Category: Property Law | Date: | Hits: 20
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......rial Court was in error in allowing the prayer for pre-emption. 3. The High Court Division set aside the judgment of the lower appellate Court on the view that the said Court was in error in holding that pond being non-agricultural land the petition filed under section 96 of the State Acq..Category: Property Law | Date: | Hits: 23
S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
....out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......estly with satisfaction of his higher authorities; on 6.6.1993 allegation of misconduct was brought against him and then by order dated 7.7.1993 he was discharged from his service without holding any enquiry and no second show cause notice was also issued upon him; the petitioner then ..Category: Employment/Service Law | Date: | Hits: 61
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
..... The plaintiff No.1 is an illiterate women and she can not put her signature and the plaintiff No.1 and the predecessor of the plaintiff Nos. 2-4 never executed nor have registered the disputed deed and they never put their signatures in the deed; while the plaintiff went to demand ...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ..Category: Property Law | Date: | Hits: 24
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......o draw the final decree. A pleader commissioner was appointed on 8.1.1975 to effect partition by metes and bounds. The pleader commissioner submitted his report to the Court on 27.5.1975 after holding proper enquiries after due service of notice on the Advocates of the respective ..Category: Property Law | Date: | Hits: 23
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....ccessful and accordingly he contends that the proceeding being not in conformity with the provision of Sections 315 and 316 of the Penal Code should have been quashed. 5. It is not disputed that the informant-opposite-party was under the treatment of Dr. Hafizur Rahman in his Mo......istrate on 25-02-2001 discharging the accused-petitioners from the case. Against which, the opposite-party No. 2, the informant filed a naraji petition, which was allowed with a direction for holding judicial inquiry, the learned Magistrate, who carried out judicial inquiry, submitted ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....ate-on-Record for the petitioner and Mr. Osman Ghani, the learned Advocate for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. It is undisputed that the case land is within Mathbaria Paurashava and the case was filed under Section 96 ......e pre-emptee is that he purchased the case land from the seller within the knowledge of the pre-emptor and took possession of the same and got his name mutated by creating a separate holding and also erected dwelling house in the case land as per plan approved by Mathbaria Pourasha..Category: Property Law | Date: | Hits: 25
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
.... 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) 239. ...... co-shares and the claim of the defendants regarding their alleged title is dependant on proving many successive transfers in respect of the suit land and the High Court Division acted illegally in holding that the plaintiff failed to prove dispossession. 4. As it appears the High Court Di..Category: Property Law | Date: | Hits: 44
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ...... the trial Court has held that there is evidence that Suresh Chandra Chowdhury had a son named Sanker Prashad Chowdhury and has been possessing the suit land. The trial Court also decreed the suit holding that on 06.09.1972 the defendants have dispossessed the plaintiff from the Schedule-3 ..Category: Property Law | Date: | Hits: 29
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......at defendant No.1 has proved the fact of auction sale of the land by producing the sale certificate. The High Court Division further observed that the trial Court was in serious error in holding that defendant gave undertaking in Title Suit No. 121 of 1986 that he would not use the sal..Category: Property Law | Date: | Hits: 37
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
....In the facts and circumstances we find force in the submission. 16. Most of the submissions made on behalf of the petitioners being stoutly denied by the respondents we find that hotly disputed facts are involved in the matter which cannot be decided in the writ petition. 17. ...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ..Category: Property Law | Date: | Hits: 27
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......granted to consider the submission that the learned Judges of the High Court Division have committed error of law in construing sections 5(4) (5) and 6(Ka) of the Artha Rin Adalat Ain, 1990 in holding that section 56 of the Code of Civil Procedure will have no manner of application prohibiti..Category: Civil Law | Date: | Hits: 111
Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)
....of land to Tarini, that the successor of Brindaban transferred .2 1/4 acre of land to the plaintiff and Tin Kari transferred .53 acre of land to the plaintiff. It was also contended that the undisputed case is that Brindaban Baishnab mortgaged .90 acre of land to Tarini and that there is no......d belonged to Tarini or to Brindaban. It was further contended that since the property was not redeemed and as such by lepse of time mortgage became a sale and thus court below was in error in not holding that the plaintiff being son of Tarini is entitled to .90 acre of land which was mortgaged ..Category: Property Law | Date: | Hits: 27
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)
....High court Division committed no illegality in dismissing the appeal. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ...... were disposed of by the Deputy Registrar of Trade Mark by the judgment and order dated 29.09.2002 rejecting the application allowing the opposition case No. 52 139 in class 25 filed by the applicant holding that the opponent respondent No. 2 is the adopter and prior user of the mark Cannon belongin..Category: Intellectual Property Law | Date: | Hits: 196
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....pondent Nos. 1-6 in C.A. No. 209 of 2005 and for respondent Nos.1-2 in C. A. No. 210 of 2005 and perused the judgment of the High Court Division and other connected papers. 9. It is not disputed that the appellants and respondent Nos. 1-6 were already in Government service. It is also...... case also the appellants i.e. the writ respondents were selected on the basis of merit. It was further stated that in case of excessive number of candidates there was under the rule, necessity of holding examination but in the instant case there being 49 candidates against four posts, there was..Category: Employment/Service Law | Date: | Hits: 100
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ...... the petitioners were convicted without fixing their specific liability which has caused a total failure of justice. 6. As it appears that the High Court Division dismissed that appeal holding that P.W.1, Md. Ataur Rahman Mia, inquired the DAB ER No. 61/92 dated 7.9.1992 which was re..Category: Criminal Law | Date: | Hits: 43
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