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Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......her behalf so process should invariably be served under Rule 20 Order 5 of the Code of Civil Procedure. Learned Advocate-on-Record further contended that there is no reason to hold that substituted service was necessary in the instant case because substituted service Order 5 Rule 20 is no servic..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......ssain, petitioner of Writ Petition No. 3006 of 1998, would have vacated the office of the director of the respondent No. 3, National Bank Ltd. on the expiry of two months from 9.9.95, the date of service of notice on him under section 17(1) of the said Act. But the vacancy could not occur du..Category: Banking Law | Date: | Hits: 112
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Government of Bangladesh ......Appellant Vs. Rabaya Begum & another ........Respo......als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..Category: Property Law | Date: | Hits: 27
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality 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: IV ADC (2007) 855. ......e said meeting and subsequently the petitioner recorded the names of the above directors with the Registrar of the Joint Stock Companies; than an AGM of the company was called on 13.12.2004 after due service of notices upon the shareholders with the agenda for the appointment of a new Managing Direc..Category: Business or Commercial Law | Date: | Hits: 151
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived 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) 841. ...... delivery of possession on 10.9.1942 through court; subsequently the plaintiff in Non-Judicial Miscellaneous Case No.46 of 1943 annulled all the encumbrances upon the suit land after due service of notice under section 167 of the Bengal Tenancy Act 1885; as the ex-tenants did not give ..Category: Property Law | Date: | Hits: 63
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......ificate case in respect of the land in suit was initiated in the name of dead person and as such the certificate case so started was illegal and consequent thereupon auction sale held without service of the notice as per sections 7 and 43 and Rule 46 of the Public Demands Recovery Act on th..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....total quantity of 36.06 acres including homestead was allotted to him and the remaining 45.75 acres of land was declared excess under section 20 of the Act; and the excess land was acquired by the Government. The mutwalli prayed for release of the excess land upon which Case No. 16 of 1961-62 wa......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
.... also filed a case under section 145 of the Code of Civil Procedure against the plaintiff. But in that case possession of the plaintiff was found. 4. The plaintiff paid rent of the holding to the Government from 1363 to 1369 B.S. In Chaitra, 1370 B.S. the Tahsildar refused to accept rent from hi......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
.... should be kept pending till disposal of the Criminal Leave to Appeal No.36 of 2004. For that in view of the fact that jurisdiction of the tribunal to try a case being determined by the Government under Section 5 of the Ain, the instant transfer going contrary to the said provis......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....1 dated 01.03.2004 was started and the police after investigation submitted charge sheet against the accused petitioner and others under Sections 326/302/109/34 of the Penal Code on 16.03.2005.The Government by notification in the official gazette transferred the cases for trial before the Druto......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ..Category: Criminal Law | Date: | Hits: 64
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
.... 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. ......dure to set aside the ex-parte decree. On the ground that summons of the original suit was not served upon the defendant and the plaintiff managed a false report of the process server in respect of service of summons and by practicing fraud upon the Court obtained the ex-parte decree in question ..Category: Property Law | Date: | Hits: 24
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....the suit property belonged to Jogendra Mohan Chakraborty and Lat Mohon in equal shares and after partition in 1947 they left for India and settled there and 1.18 acres of land was taken away by the Government as khas land and that 1.05 acres of land out of the suit plot was settled in favour......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ..Category: Property Law | Date: | Hits: 25
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....l) Present Syed J.R. Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Abdur Rahim………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Power, Energy and Mineral ......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)
....n the petitioner. Very small amount of money on the basis of a preliminary award was paid to the petitioner initially which he received on protest, on gazette notification was made by the Government and hence no final award was made and as such full compensation money was not paid to th......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
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....nt Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 172; Abdul Wadud Vs. the State, (1995) 3 B...... 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. ..Category: Criminal Law | Date: | Hits: 48
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....the said auction but the same was withdrawn; that after the death of the father, the defendant No. 4 got the suit land by way of inheritance and he has been possessing the same paying rents to the Government and that the suit filed by the plaintiff is false. 4. The learned Munsif (now Ass......he above, 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: IV ADC (2007) 680. ..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....raben Nessa and Lokman son of Giasduddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government, that there is passage over the suit plot No. 837 and the said path has divided the land......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. ..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e not genuine documents or that the same was not acted upon (c) the R.S. Khatian was prepared in the names of the defendants (d) the defendants paid rent to Abdul Gafur and subsequently to the Government Acquired Estate which show that the defendants have been possessing the suit land (e) if......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. ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....is Case is also Reported in: IV ADC (2007) 664. ......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. ..Category: Property Law | Date: | Hits: 27
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
.... recorded in the R.O.R. Khatian vide order dated 22-10-1976 passed in Miscellaneous Case No. 1453 (ix-1=6976). The plaintiff has shops in the suit land and he has been paying rent and taxes to the Government; that the defendants threatened to dispossess the plaintiff from the suit land on 28-10-......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ..Category: Property Law | Date: | Hits: 23