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Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....ropriately decide to have a written examination followed by a viva voce test.” It was further held, “in the case of services to which recruitment has necessarily to be made from persons of mature personality, interview test may be only way subject to basic and essential academic and professional......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......eging that one Mojahar Ali Mollah was the owner of 8.91 acres of land. He died on 10-6-79 leaving behind no issues. After his death his only heir (uncle) Wahed Ali Mollah became the owner of the said property. Mojahar Ali Mollah had a wife named Rashida Khatun, accused-respondent No. 3, who was divo..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......gment May 25, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use a..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......lf of defendant who is the complainant. Thus, respondent No. 1 represented conflicting interests in the same suit and (3) The deed of gift also shows that respondent No. 1 has evil design to grab the property of the complainant by fraudulent means. 10. From the judgment it appears that the learn..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......oney. 2. Defendant No. 3, on the other hand, pleads that Kunja Lal left another son named Rangershwar, besides the three sons mentioned above. According to him, this defendant purchased the entire property in suit from the heirs of Kunja Lal and that the alleged agreement between Benoy and the pl..Category: Property Law | Date: | Hits: 82
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ...... trial Court, without however discussing the oral evidence adduced by the plaintiffs, concluded that “the plaintiffs have been able to make out a case of title and possession in respect of the suit property and, as such, they succeed.” Accordingly the said court decreed the suit. The appellate C..Category: Property Law | Date: | Hits: 83
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......their purchase these respondents are in possession of the entire CS plot No. 371 which has been admitted by the respondents in their present suit when they prayed for recovery of Khas possession. The property was purchased by the predecessor of the defendants in 1954-55 and in such a situation it wi..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
.... competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of process of court” and need be quashed “for ends of justice” dispensation of personal appearance of the accused before such court does not fall within the meaning of section 561...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..Category: Criminal Law | Date: | Hits: 109
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......on the Pir to establish that the transfer was valid and legal. Principle of law in this respect is to protect persons whose disabilities to fully understand the nature and effect of transfer of their property make them dependent upon or subject them to the influence of others even in the absence of ..Category: Civil Law | Date: | Hits: 162
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......ntiffs by a kabala Ext. 1 dated 7.12.1926. Since then the plaintiffs were in exclusive possession of the suit land. The plaintiffs also purchased some land situated to the western side of Scheduled 1 property from the principal defendants and predecessors of other defendants by a registered kabala..Category: Procedural Law | Date: | Hits: 112
Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)
....its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ......sp; Mustafa Kamal J.- The plaintiff-petitioner's suit for permanent injunction in respect of the suit property, Title Suit No. 109 of 1994, was decreed by the 6th Court of Senior Assistant Judge, Dhaka ..Category: Property Law | Date: | Hits: 45
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ...... the Court of Senior Assistant Judge, Chandpur for declaration of title and recovery of khas possession against the respondents on the allegations interalia that he is the owner of the suit property. The respondent no. 1 filed Title Suit No. 93 of 1985 for declaration of title and rec..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......abala dated 12.01.1977 have been owing and possessing the land in exercise of right, title and interest. On Magh 25, 1389 B.S. the defendants disclosed that the R.S. Khatian of 'Kha' schedule property was prepared in the name of their father and they wanted to take possession of the land. Ac..Category: Property Law | Date: | Hits: 63
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......ently renumbered Other Suit No. 252 of 1999 in the 3rd Court of Assistant Judge), seeking declaration as to legality of enrolment of the Waqf Estate and also challenging legality of inclusion of property in the 2nd schedule of the plaint as Waqf Property and that defendant Nos. 1 and 2(responde..Category: Property Law | Date: | Hits: 57
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......y filing a joint written statement contending, inter alia, that Amir Ali took loan when he was on his death bed from Mojibur Rahman, predecessor of the defendants and agreed to make settlement of the property in exchange and that Amir Ali gave direction to his heirs, the present plaintiffs who were ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......the suit land but relying on Ext. 4 the award which is merely a dead letter having no force of law in the absence of it being made a rule of the Court and without considering that since the property is recorded in the name of Chand Miah the suit for permanent injunction against the transfe..Category: Property Law | Date: | Hits: 43
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......icial to the state; that the Ministry of Home Affairs granted him a nationality certificate on 31.8.1980 under Article 4 of the Bangladesh Citizenship Order 1972(P.O. 149 of 1972); that the suit property (a residential house at Mirpur, Dhaka) belonged to the appellant, who took the land by..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......heirs of Ataul Haque Chowdhury instituted the Rent Case No. 177 of 1961 and purchased 16 annas land of khatian No. 93 in auction in pursuance of the decree of Court and when they proposed to sell the property Munsur Ahmed purchased the land of khatian No. 93 and also khatians Nos. 94,95,96,97 and 99..Category: Property Law | Date: | Hits: 73
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......96 allowing the appeal. 2. The plaintiffs instituted Partition Suit No.29 of 1994 in the First Court of Subordinate Judge (now Joint District Judge), Chittagong for partition of the suit property stating, inter alia, that the suit land originally belonged to Hamidunnessa wife of Chan Mi..Category: Property Law | Date: | Hits: 66
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