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Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......the money by putting the aforesaid property in public auction and the auction took place on 02.09.2002 and the appellant auction purchased the property. The judgment debtor alleging irregularities in holding auction filed Miscellaneous Case No. 10 of 2004 praying to set aside auction sale dated 02.0..Category: Civil Law | Date: | Hits: 132
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......inal non-Bengali owner when President's Order No.16 of 1972 was promulgated and this burden of proof having not been discharged by them before the Court of Settlement, no case for releasing the holding in question from the list of abandoned property has been made out and the High Court Divis..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......nfirmed Settlement Case of the respondent No. 6-petitioner. 9. Thereafter in review petition by the petitioner Respondent No. 1, the Chairman, Land Appeal Board, rejected the review petition holding that the petitioner respondent No.1 could not raise any new point of law or fact or in the ..Category: Property Law | Date: | Hits: 29
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......rment of the School and for day to day functioning of the School. It was also submitted that as the term of the second Ad-hoc Committee was also going to expire a new Committee was constituted for holding election in accordance with the provisions of the Regulation, 1977. So, according to him, n..Category: Criminal Law | Date: | Hits: 47
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ...... 11.4.1993 and came to learn definitely about the said sale and filed preemption Miscellaneous Case No. 6 of 1993 against the appellant Md. Dewan Ali claiming him as the co-sharer in the case holding alleging that said Md. Dewan Ali is a stranger-purchaser and Saleha Bibi sold the case land..Category: Property Law | Date: | Hits: 32
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ......s share is separate which has got no connection with the land of the plaintiffs and moreover .dispossession has not been proved. 4. As it appears the High Court Division discharged the Rule holding, amongst others, that the averments of the defendant in the written statement and also the ..Category: Property Law | Date: | Hits: 23
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ...... started to acquire about 214 acre of land including the land of the petitioner, but Gazette having been made excluding the land of the petitioner, the High Court Division erred in not holding that the aforesaid L.A. Case has been reached to its finality arid conclusion said land acq..Category: Property Law | Date: | Hits: 31
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....nsel and perused the records. 5. As it appears the High Court Division discharged the Rule holding that the plaintiff/ petitioners instituted the suit for a mere declaration that the disputed ewaznama deeds in favour of the defendant respondent No.1 is fraudulent and void whereas th...... of defendant respondent No.1 at Char Manasha and she had been owning and possessing the suit land and those deeds are real and genuine. The learned Assistant Judge, after hearing, decreed the suit holding that Monoranjan and Chittaranjan are not the grand sons of Gunamala through her three daug..Category: Property Law | Date: | Hits: 33
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
.... inasmuch as the High Court Division also did not consider the application for mandatory injunction of the appellant petitioner dated 14.08.2005.. 8. It appears from, the record that in the disputed Jalmohal measuring 89.99 acres land Government has 12 annas shares i.e. 66.88 acres and th......neous decision that the appellant petitioner ceased to have any interest in the 12 annas share of the Jalmohal along with the 4 annas share of the Waqf Estate; that the High Court Division erred in holding that the appellant petitioner has no subsisting interest in the 12 annas share of the Jalmo..Category: Property Law | Date: | Hits: 50
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......95(1)(c) of the Code of Criminal Procedure, the initiation of impugned proceeding against the petitioners is barred by law. 3. As it appears that the High Court Division discharged the Rules holding that on 5.6.1972 an area of 12.66 acres of land with a building situated at Sadar Bhadur Na..Category: Criminal Law | Date: | Hits: 43
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
....s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ...... Naju and Tamizur Rahman each having 8 annas share. Nazu died leaving the pre-emptor and the pre-emptee Nos.16-23 as his heirs. In this way the pre-emptor is a co-sharer by inheritance in the case holding. One Nazir Ahmed disclosed on 25th Magh 1392 B.S. that Tamizur Rahman had transferred the c..Category: Property Law | Date: | Hits: 29
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....mity 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: 13 MLR (AD) 2008, 129. ...... the finding that the petitioner has no cause of action to file the suit. The petitioner then moved the High Court Division but the High Court Division summarily rejected the revisional application holding, inter alia, that the petitioner, having lost their ownership of the suit land in t..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....of Ali Akkas vs. Enayet Hossain and others reported in 2 MLR (AD) 166. He further submits that the High Court Division was in error in holding the question as to the identity of the informant is a disputed question of fact, which can not be decided, in the instant proceeding. He further submits......tion but no permission was accorded. 4. The informant filed naraji petition against the final report. The learned Chief Metropolitan Magistrate on such application directed on 30-08-2000 for holding judicial inquiry and accordingly, the concerned learned Chief Metropolitan Magistrate took ..Category: Criminal Law | Date: | Hits: 39
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......earned High Court Division without entering into the merit of the case passed the impugned judgment and order hence the impugned order is liable to be aside; that the High Court Division was wrong in holding that the petitioner is a defaulter though the respondent No.1 admitted in his plaint of the ..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......e Court was that R.S. record was wrongly prepared in the name of the defendants. The High Court Division on consideration of the evidence on record found that the appellate Court was quite correct in holding that the plaintiff has right, title and interest and possession in the land in suit on the b..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ...... reported 42 DLR 66 all the cases were civil proceedings governed by the Code of Civil Procedure. 16. Section 36 of the Ordinance provides that the Arbitrator, while holding any enquiry or proceeding under this Act, shall have the same powers as are vested in a Civ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... is competent to award any legal sentence on consideration of all evidence on record for ends of justice. 10. The facts leading to the decision of conviction of the accused petitioner had not been disputed at all but the point of difference is regarding the sentence of the accused appellants name...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... 32f of 1995 which was also dismissed on 12-12-1995. 9. Thereafter, the plaintiff-petitioner filed an application before the trial Court praying for appointment of Advocate Commissioner for holding local investigation for allotment of 'saham' allowed by the trial Court in the preliminary ..Category: Procedural Law | Date: | Hits: 86
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
....f the Code of Criminal Procedure speak of production of a document in a proceeding before a Court when the offence appears to have been committed in relation to a proceeding in that Court and it is undisputed that in the instant case the alleged forged document was not produced before the Court rath......6 against the accused respondent is barred under section 195(1)(c) of the Code of Criminal Procedure. 4. The High Court Division by the impugÂned judgment quashed the proceedings of the said case holding that investigation of the case by an Assistant Inspector of the Bureau is conÂtrary to the ..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......cation of the petitioners raising objection as to the valuation of the suit property. Moreso, according to the learned Advocate, the learned Joint District Judge passed the said order without holding any enquiry under section 8(C) of the Court-Fees Act. 10. Mr. Enayatur Rahim, learne..Category: Property Law | Date: | Hits: 22
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