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Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....inherited his share. There exits a path way in the middle of the suit plot stretching north-south and is about 4 cubit in measurement in width. The defendant Nos.1-3 is possessing the northern part of the suit plot for a period of more than 25-26 years. The defendant Nos.1-3 sold out some p......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....o have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is necessary for determining the real question of controversy between the parties, giving an opportunity to the plaintiff to substantiate his claim. (26 and 27) Judgm......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..Category: Procedural Law | Date: | Hits: 173
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
....entioned in 'Ka' schedule) to the plaintiffs by a registered kabala dated 26.06.1979 who possessed the property through cultivation of vegetable in some portion and also erected a tin shed room in part of the suit land and that in 1991 the defendant No. 2 dispossessed the plaintiffs by force fro...... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ..Category: Property Law | Date: | Hits: 26
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he material facts asserting that the five member Ad-hoc committee was not legally constituted and as such the election held by them was illegal. 5. The High Court Division after hearing the parties discharged the rule on the ground that the election having been held by the illegal committ......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..Category: Civil Law | Date: | Hits: 126
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....red Heba-bil-Ewaz to the plaintiff, that the plaintiff is in possession of the land and got his name mutated in the revenue record and paying rent, that defendant Nos.2 and 3 dispossessed him from part of the land and raised a structure covering 3/8 decimals of land out of 29V2 decimals of ......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....writ respondents as to nonpayment of the State Honorarium/Rastrio Sammani Bhata and other benefits or curtailing of the Honorarium to the writ petitioners in the respective writ petitions who participated in the liberation war and, as such, are the freedom fighters. 5. It may be menti......he country, Bangladesh, from the occupation of the enemies, who were barbarous. 6. It was the common case of the writ petitioners in all the writ petitions that after enquiry and investigation their names were listed in the list of freedom fighters and the list so prepared was..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....the Court of Senior Assistant Judge Lohagara, Narail in Title Suit No. 38 of 1984 dismissing the same. 3. The suit was filed seeking declaration of title, confirmation of possession and for partition of the land described in the schedule attached to the plaint. 4. It was the case o......rd, that the lower appellate Court committed error as regard the finding of identity of the land of Plot No. 240 without directing the parties to take steps for identification of the land by local investigation. 15. On behalf of the plaintiff-opposite parties it was contended before the H..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....l aware of up-to-date position/stage of the proceeding and to take step(s) required by the law in the proceeding wherein he has obtained his temporary release or, in other words, bail. Default on his part in the aforementioned situation/stage would make him a fugitive from law/Court and that would...... filed after due inquiry and investigation as contemplated under section 17(Kha) of the Anti-Corruption Commission Act, 2004. But the Commission has initiated these two cases without conducting any investigation in clear violation of section 17(Kha) of the said Act. Further, since the offence ment..Category: Anti-Corruption Laws | Date: | Hits: 139
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......the occurrence took place due to previous enmity between the deceased and the accused over land dispute. Accordingly, the F.I.R. was lodge on 25-08-1991 at 17.00 hours. 3. The police took up investigation, visited the place of occurrence, prepared sketch map with separate index there of, ..Category: Criminal Law | Date: | Hits: 22
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....aw his illegal suspension order but it was in vain and for which he was constrained to file a civil suit being Title Suit No.67 of 1976 for cancellation of the order of suspension. Upon hearing the parties, the said case was decreed in his favour and thereafter, the petitioner being aggrieved pref......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ..Category: Employment/Service Law | Date: | Hits: 87
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
....er of the holding by inheritance and by purchase and also claiming to be owner of the land contiguous to the land transferred by the deed of Heba-bil-Ewaz, stating that the pre-emptee i.e. opposite party No. 1 (in the Miscellaneous Case) is a stranger and that the opposite party Nos. 2-6 (in the...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ..Category: Property Law | Date: | Hits: 19
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
....nd of the writ-petitioners upon demarcating the same and to handover possession of the land within 4 months from the date of receipt of the copy of the judgment and in case of failure on the part of the authority the writ- petitioners would be at liberty to take appropriate legal action a...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..Category: Property Law | Date: | Hits: 56
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
.... it was stated that the petitioners were engaged in immoral activities and prostitution which the petitioners filing this application have denied. 4. The High Court Division upon hearing the parties observed that whether they are engaged in immoral activities or not is purely a question of......odged, in the FIR of the concerned cases. 6. The petitioners have sought for declaration of the character or status, which under the circumstances is a disputed question of fact and requires investigation and determination on evidence adduced by the parties, for which the writ jurisdiction..Category: Criminal Law | Date: | Hits: 41
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....quired to comply with the order of the said Division directing him to furnish certified copy of the decrees of the courts below within the time specified i.e. by 5.12.1999, but he complied with the part of the order of the High Court Division by filing certified copy of the decree of the appellat......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
.... unchanged/unaltered; by notification dated 1.6.1999 the scale of pay of the Personal Officers was enhanced to the scale of Tk. 2550-5505/-; on being aware about the re-designation of their counter part in the Secretariat, the P.A. Cum-Stenographers of the High Court Division of the Supreme Court......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
.... respective leave petitions, they moved the High Court Division. It is the case of the Respondent in the respective leave petitions that they are legal allottees of the land and they have performed part of their obligation i.e. paid installments and as such the authorities were not legally author......espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ..Category: Property Law | Date: | Hits: 27
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....7 years of age. 6. On perusal of the impugned judgment it appears that the High Court Division considered the submission as under: "In the above definitions there are two parts. From the first part of the definition we find worker will include any person skilled or uns......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ..Category: Labour and Industrial Law | Date: | Hits: 77
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....e (now Joint District Judge), Bagerhat, passed in Miscellaneous Case No.45 of 1995 (registered upon an application filed under Order 9, Rule 13 of the Code of Civil Procedure) setting aside the ex parte decree passed in Title Suit No. 50 of 1993 on February 12, 1995. 2. Facts, in short, a......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ..Category: Property Law | Date: | Hits: 23
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... history of the times and may assume every state of facts which can be conceived existing at the time of legislation; and (f) While good faith and knowledge of the existing conditions on the part of a legislature are to be presumed, if there is nothing on the face of the law or the sur...... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ..Category: Employment/Service Law | Date: | Hits: 133
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....iff Tk. 28,000/- towards the consideration money, that the defendants were major at the time of execution of the bainapatra, that the suit was not barred by limitation since the defendants received part of the consideration money lastly on October 25, 1991. 4. As against the judgment and ......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ..Category: Civil Law | Date: | Hits: 74
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