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Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......ime pre-emptee petitioners having transferred to Malekun 2.50 acres of land, Malekun did not cease to be a co-share. 4. The learned Assistant Judge, after hearing, allowed pre-emption holding that Malekun cased to be a co-sharer due to her above transfer of 6.32 acres on 5.2.1..Category: Property Law | Date: | Hits: 34
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....ent of the High Court Division and other connected papers. 4. The learned Single Bench further held that the original suit was one under section 77 of the Registration Act for registration of the disputed document which was disĀmissed by the trial court on the ground that there was no material ......n was rejected for default. Subsequently the application for restoration came up for disposal before the learned Single Judge. By the impugned order the learned Single Bench dismissed the application holding that it was stated the due to inadvertence of the clerk of the filing advocate Mr. N.K. Saha..Category: Procedural Law | Date: | Hits: 97
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
....e Rule. 5. We have heard Mr. Abul Quasem, the earned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the Partition Suit Mo. 29 of 1986 brought by the plaintiff-respondents in the Court ...... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ..Category: Property Law | Date: | Hits: 24
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....rused the judgment of the High Court Division and other connected papers. 6. Mr. Ahmed submits that respondent No. 11 is not a necessary party and the claim of the respondent No.11 involves disputed question of fact which cannot be determined in the writ petition. 7. Mr. Khan on the......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)
.... 5. We have heard Mr. M.A. Azim, the learned Deputy Attorney General for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that an area of land measuring 1.87 1/2 acres belonging to the writ petitioner within Mouz......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
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ...... survey and accordingly after lapse of six years they cannot seek local investigation when the value of machinery and stock has admittedly deteriorated and the High Court Division fell in error in holding that the trial court properly exercised its discretion. 4. As it appears the Hi..Category: Business or Commercial Law | Date: | Hits: 75
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. ......vessel for carrying Kerosene, absence of pilot on the vessel and the age of the Master of the vessel and properly did not consider the inquiry report of the Department of Shipping (Ext-A) made upon holding inquiry in connection with the accident in question. The age of the Master of the vessel w..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ivision similar contention was also made from the side of condemned prisoners and in support of the above contention several decisions were cited but the High Court Division did not consider those holding that decisions referred to are distinguishable in the facts and circumstances of the p..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......t the impugned proceeding is liable to be quashed". 3. Leave was granted to consider the contention that the High Court Division on a wrong notion of law quashed the proceeding holding that 180 days (working days) have already expired and the Investigating Agency having ..Category: Criminal Law | Date: | Hits: 48
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......eally defaulters the question of further enhancement of rent could not arise but the Courts below ignoring the exhibit-'Ga' most illegally decreed the suit and discharged the Rule by illegally holding that the petitioners were defaulters. 8. We have head Mr. Md. Ozair Farooq, l..Category: Property Law | Date: | Hits: 35
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....ve been possessing the same amicably but the defendant Nos.2-5 denied the plaintiff-appellant's title; that in certified copy of Khatians the plaintiff-appellant came to know that some of the disputed land have been recorded in the name of the defendant-respondents. 3. The defendant-r...... the trial Court decreed the suit land in favour of the plaintiff but the Court of Appeal has modified the said decree partly in favour of the plaintiff and partly in favour of the defendant No. 1 holding the defendant is entitled to 0.43 acres of land as admitted by the plaintiff. In the s..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....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. ......not advert to the findings and decisions of the trial Court and thereupon did not reverse the finding of the trial Court based on evidence. In our view High Court Division was not in error in holding that from the defendants' side evidence was lacking to establish the case of surrender by J..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....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. ......Abdul Gafur Talukder ever accepted the kabuliyats executed by the defendants but the appellate Court, without reversing the material findings of the trial court erroneously allowed the appeal holding that he defendants acquired title and possession in the land in suit on the basis of kabuli..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....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. ......the kabuliyat being made for only one year, the claim of the plaintiffs has no legal force as the period of kabuliyat expired. 5. As it appears the High Court Division made the rule absolute holding that there is no dispute as to the fact that the suit land was taken settlement by the fath..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......th malafide intention, is denying those deeds. The trial court decreed the suit declaring that the Sale Deed No. 5666 dated 13.12.1956 as void, forged, collusive and not binding upon the plaintiff holding that the contents of the same show that the name of the vendor as "Jager Hossain"..Category: Civil Law | Date: | Hits: 83
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....w Hakim Jan Bibi and thus Hakim Jan Bibi inherited 2 annas share in the land left by Omar Ali and thus the plaintiffs are co-sharers in the land of Hakim Jan Bib and the said fact is not denied or disputed by the contesting defendant and in that state of the matter plaintiffs are entitled to the......land in suit in fact stands in the name of Abdul Ali alone and in the background of the facts and the materials brought on record the same was not acted upon, that the appellate Court was wrong in holding on the basis for of noting about the patta in the R.S. record that Hakim Jan Bibi had the 8..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ...... 2. The respondent No.1, on 1st November 1994, filed an application under sections 81(2) and section 85(3) of the Companies Act 1994, which was registered as Matter No.106 of 2003, praying for holding the 20th Annual General Meeting of the respondent No.2, hereinafter referred to as the comp..Category: Business or Commercial Law | Date: | Hits: 78
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....the learned Counsel for the appelĀlants and Mr. Mahbubey Alam, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 9. It is not disputed that the suit property originally belonged to Rakhal Das Bose and his wife. The plaintiffs'......e Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 respectively. Admittedly the suit land measuring .17 acres being C.S. Plot No..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......line for the exercise of power to order or cause an enquiry to be made by the commission into the affairs of the issuer of a listed security from amongst a group of companies similarly situated and holding similar status, there invariably exists the scope for arbitrary exercise of such discretion..Category: Criminal Law | Date: | Hits: 36
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......erials which caused huge financial loss to the Government. The petitioner submitted a written reply against the charges denying all the material allegations. A board of enquiry was constituted for holding enquiry but without holding any enquiry properly they submitted a report to the authority. ..Category: Criminal Law | Date: | Hits: 41