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Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)
.... 2000 dismissing the same. The appeal was filed against the judgment dated January 20, 2000 of the Administrative Tribunal, Bogra in Administrative Tribunal Case No.19 of 1999 allowing the same in part and consequent thereupon modifying the punishment imposed on the Respondent herein to censure.......aforesaid order set aside the order dismissing the departmental appeal of the Respondent No.1 and thereupon restored the previous pay scale of the Respondent and that also passed order for the payment of pension, gratuity and other benefits. 3. The Respondent joined in the service in......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 422. ..Category: Administrative Law | Date: | Hits: 120
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....at plaintiffs are entitled to get money in L.A. Case No. 13 8/67-68 stating, inter alia, that the lands comprising 57 chhataks in P.S. Plot No.1247 both totalling 72 chhataks corresponding to part of R.S. Plot No.2 were purchased by the plaintiff-petitioners from the defendant No.1 by a kab......ioners have been in possession of the suit lands by creating 'Dona' of catching fishes and then by growing grass with specific boundary demarcating upto the watering portion of the Bay of Bengal on payment of rent to the authority concerned within the knowledge of the respondents and all concern......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
.... 1991 and that also denied receiving of Taka 35,000 from the plaintiff on January 26,1992. 8. The High Court Division as well as the trial Court on consideration of the evidence of the parties concurrently held that the plaintiff proved his case and that the defendant executed t......0,000 on August 15, 1991 executed an agreement for sale and delivered possession. It was the stipulation in the agreement for sale that within one year from the date of agreement plaintiff on payment of rest of the consideration money would obtain the kabala from the defendant No.1 that sub......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ..Category: Property Law | Date: | Hits: 23
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
.... and, as such, the writ petitioner was asked to stop construction and dismantle the unauthorised construction under the provision of the Building Construction Act, 1952. 4. After hearing the parties, the High Court Division by the impugned judgment and order made the Rule absolute directi......the plan as per rules, the High Court Division passed the impugned order directing to give sanction/approval to the plan which has remained pending/unattended by RAJUK for a long time but directed payment of 10 times of the fees for the sanction. 12. The High Court Division appears to hav......We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ..Category: Property Law | Date: | Hits: 27
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....rder dated 18-4-1969 illegally allowed the appeal and cancelled the RS Khatian No. 74 created in the names of the plaintiffs and the suit land was ordered to be recorded in the name of the Forest Department and then the defendant issued a Gazette Notification being No. 3125 dated 13-4-1955 s......rdingly prepared; Quijrat Ali Mollah, the father of the plaintiffs, took pattan of 10 acres of land appertaining to CS Plot No. 13 under CS Khatian No. 13 from Dhaka Nawab Court of Wards Estate on payment of Nazar of Rs. 510 and that the said Quijrat Ali Mollah also obtained settlement of anothe......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....t filing written statement denying material allegation made in the plaint and stated, inter alia, that the suit property is in ejmali possession and that no amicable settlement was held between the parties as alleged in the plaint and that Tusi Bewa did never get 200 decimals as alleged who&...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....udgment and order dated 26th July, 2004 passed by a Single Bench of the High Court Division in Civil Revision 14 of 1992 rejecting the application for re-hearing of the Rule which was discharged ex parte, by judgment and order dated 11-5-2003. The above Civil Revision No. 14 of 1992 was filed aga......ase the petitioners on 31-8-1983 applied for local investigation for determining the nature and feature of the schedule land and the learned District Judge by order dated 4-9-1983, on condition of payment by the petitioners the fees of commissioner, issued commission for local investigation; the......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....since mortgage said Asmot Miah was in possession of the land so mortgaged and that after the death of Asmot Miah, his heirs defendant Nos. 1-11 were possessing the mortgaged land, that in the first part of Magh, 1395 BS plaintiffs requested the defendant Nos. 1-4 to return the land but the defen...... dated December 26, 1927 for an amount of Taka 48 and that it was stipulated in the mortgage deed that after one year the mortgagors would be entitled to redeem the mortgage in the month of Magh on payment of the balance of the amount, that said Hanif Khan and Anis Khan mortgaged the land of the ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....udgment and decree dated January 22, 1998 of the Court of Senior Assistant Judge, Monohardi, Narsingdi in Title Suit No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that......al share by the plaintiffs and the defendants and that as the plaintiffs have no exclusive title and possession in the land in suit the plaintiffs cannot have the relief in the suit in the absence of payment of ad valorem court fee. 10. It has been submitted by the learned Counsel for the appella...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
....Mymensingh and the complainant has visiting relation and good terms with the said Judge for which there is apprehension in the mind of the accused petitioners that they will not get fair and impartial trial in the said Tribunal. 4. Mr. Md. Momtaz Uddin Fakir, learned Advocate, appear......s that they will not get fair and impartial trial in the said Tribunal. 4. Mr. Md. Momtaz Uddin Fakir, learned Advocate, appearing for the petitioner submitted that the impugned order as to payment of day to day casts to the witnesses is illegal, unreasonable and untenable in th...... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ..Category: Criminal Law | Date: | Hits: 31
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....erein contested the suit denying the contention of the plaintiff as of his being a tenant under the plaintiff and also that he is a co-sharer of the holding i.e. the premises in question and that a partition suit is pending, that there was no agreement of tenancy between the defendant and the plai......ing ejectment of the monthly tenant i.e. the petitioner herein and for recovery of rent due till disposal of the suit. 4. The ejectment of the tenant was sought on the ground of default in the payment of monthly rent. 5. The tenant i.e. petitioner herein contested the suit denying the co......ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ..Category: Tenancy Law | Date: | Hits: 165
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....giving any notice to her and that she used to live in Brahmanbaria along with her husband and was not aware of the said transferes and in the first part of Chaitra 1400 B.S., she after coming to her paternal house for the first time found a dwelli......ty or infirmity 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: V ADC (2008) 339 ......ty or infirmity 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: V ADC (2008) 339 ..Category: Property Law | Date: | Hits: 22
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
.... Dasi died leaving behind Noresh Chandra Basu and others as her heirs who settled the suit land in favour of the defendant Nos.1, 2 and 3 Hamida Khatun and Monowara Khatun in the first part of 1353 B.S. The deed of settlement was granted in the name of the defendant No.1. The rent re......decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 332. ......decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 332. ..Category: Property Law | Date: | Hits: 23
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....that he had initial knowledge about the transfer on January 21, 1995. It is also the case of the pre-emptor that he is a co-sharer of the holding land of which has been transferred by the opposite party No. 2 and that the pre-emptee is a stranger. 3. The prayer for pre-emption was oppose......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ..Category: Property Law | Date: | Hits: 20
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ...... inaugurated market. The shopkeepers of the market formed a committee and are selling their respective goods and products in the market upon obtaining licence from the City Corporation and on payment of tolls to the City Corporation. Some interested persons in order to make illegal gain and......ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
.... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... located at Mouza Bohor and government sanctioned loans for those brick fileds; on 06.12.80 the defendants stooped the trucks of the plaintiffs carrying bricks and other materials and demanded payment of Tk. 5,000/ and on refusal of payment, the defendants threatened to block the road ......me and bridges were constructed and the plaintiffs also erected two culverts at their own expenses of Tk.30,000/-; the plaintiffs have brick fields located at Mouza Bohor and government sanctioned loans for those brick fileds; on 06.12.80 the defendants stooped the trucks of the plaintiffs ..Category: Property Law | Date: | Hits: 19
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....the same by cultivating the schedule-2 land and the plaintiff in the meantime has developed certain portion of low land after spending his own money and made it fit for cultivation though the part of the leased out land was not fully agricultural land at the time of settlement and after the......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..Category: Property Law | Date: | Hits: 25
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....j........Respondent Judgment May 17, 2007. Lawyers Involved Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the appellants. Ex-parte-the Respondent. Civil Appeal No. 291 of 2001 (From the Judgment and Order date......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ..Category: Property Law | Date: | Hits: 34
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....cused-petitioner No. 1, Dr. Hafizur Rahman made operation for the purpose of delivery, who later on told her that she gave birth to a dead female child. It is alleged that due to negligence on the part of the accused-petitioners, she gave birth to a dead child and thereby the accused-petiti......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ..Category: Criminal Law | Date: | Hits: 42
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....e-seller, Md. Abdul Majid. Hence the pre-emptor-respondent could not know about the transfer and he came to know about the transfer from one Aman Ali that the case land was transferred on the last part of the month of May, 2000 A.D. After getting the certified copy of the case deed on 11.6.2000 ......orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ......orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ..Category: Property Law | Date: | Hits: 20
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