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Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)

.... 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: 12 BLC (AD) (2007) 92. ...... of the view that the High Court Division, on proper consideration of the mate­rials on record and applying the correct principle of law as applicable in the present suit, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed..

Category: Property Law | Date: | Hits: 28

RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)

....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. ......5. Hence is this petition. 6. In support of the petition, Ms. Sigma Huda, learned Advocate for the petitioners, submits, inter  alia, that the High Court Division committed error in the decision in failing to consider that construction without obtaining sanction according to the provi..

Category: Property Law | Date: | Hits: 27

Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)

....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. ......f Wards Estate and further, as found by the trial Court, the plaintiffs neither mentioned about any amalnama in their plaint nor they did produce any amalnama before the trial Court; though in the decision reported in 47 DLR 246 it has been held  that for the purpose of granting lease of a..

Category: Property Law | Date: | Hits: 31

Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)

....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ...... We are of the view that the High Court Division, on proper assessment of the materials on record and applying the principle of law as applicable in the present appeal, arrived at a correct decision and there is no cogent reason to interfere with the above decision. So, the appeal is dism..

Category: Property Law | Date: | Hits: 33

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......wing the address of   Syed Rafiuddin Ahmed incorrectly. It is seen from the judg­ment of the trial Court the said Court being totally unmindful of the suit as framed proceeded to make decision in the suit as if the same was for making decision as regard title of the parties in suit ..

Category: Property Law | Date: | Hits: 31

Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)

.... 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. ......aintiffs.” 12. The main contention of the petitioners is that the decree of the previous Partition Suit No. 3 of 1953 being not legally considered by the courts below there has been error in the decision. But on our query the learned Counsel failed to substantiate that the moot point raised by ..

Category: Property Law | Date: | Hits: 28

Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)

....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. ......vision rejected the said prayer. 3. The learned Counsel for the petiti­oners submits that the at the time of hearing of the application for rehearing before the High Court Division, the decisions reported in 4 BLC (AD) 102 and 2001 BLD (AD) 236 wherein this Division endorsed the scop..

Category: Trust/Waqf Law | Date: | Hits: 199

Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)

.... 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. ......ntiff. In support of his contention that when the plaintiff is out of possession of the land in suit his suit for mere declaration of title is not maintainable the learned Counsel has referred to the decision in the case of Dudu Mia and others vs Ekram Miah  Chowdhury and others reported in 54 DLR ..

Category: Property Law | Date: | Hits: 33

Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)

....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 ......nths from the date of knowledge of the pre-emptor respondent No.1. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned advocate-on-record also could not point out any illegality or infirmity in th..

Category: Property Law | Date: | Hits: 22

Chairman, Rajdhani Unnayan Kartripakhkha (RAJUK) Vs. Momtaz Hasan Chowdhury & others, 2006, 35 CLC (AD)

....erials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 335. ......1 of the Code of Civil Procedure can be exercised. 5. In the circumstances, we are of the view that the High Court division upon correct assessment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The leave petition is dismissed...

Category: Limitation Law | Date: | Hits: 165

Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)

....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. ......ted the possession of defendants in the suit land. 8. Therefore, we are of the view that the High Court Division upon correct assess­ment of the materials on record arrived at a correct decision. There is no cogent rea­son to interfere with the same. Accordingly, the leave ..

Category: Property Law | Date: | Hits: 23

Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)

.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312.     ...... 6. As it appears the High Court Division on proper consideration of the materials on record and applying the correct princi­ple of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed...

Category: Property Law | Date: | Hits: 30

Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 310. ......dated 15.09.1967 requested the Government to declare the suit plots along with other lands as reserve forest which is under active consideration of the Government. This clearly shows that no final decision was   taken in the matter. So, the Defendant-Government cannot claim the land. ..

Category: Property Law | Date: | Hits: 31

Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)

....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 ......rt has misconstrued the provision of Section 24 of the Non-Agricultural Tenancy act and thus was in serious error in holding the period of limitation would be the matter for consideration after the decision as to the nature of the document by which transfer has been made, that the trial Court he..

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. ......Bhuiyan. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record and appreciation of law arrived at a correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is ..

Category: Property Law | Date: | Hits: 25

Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)

....decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......the filing of the leave petition is that the plaintiff petitioner instituted the said Title Suit No. 27 of 1990 in the Court of the learned Assistant Judge, Dohar, Dhaka for a declaration that the decision of the authorities in renewing his lease in respect of only half of the suit land was void..

Category: Property Law | Date: | Hits: 23

Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)

....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. ......y a decree or order from which an appeal is allowed, but from which no appeal has been preferred. (b) by a decree or order from which no appeal is allowed, or (c)  by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and..

Category: Property Law | Date: | Hits: 34

Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)

....judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ......atter the trial court appears to have convicted the petitioner rightly. 15. It appears that the High Court Division in the facts and circumstance and evidence on record arrived at a correct decision upholding the judgment and order of convication and sentence. We do not find any gro..

Category: Criminal Law | Date: | Hits: 39

G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)

.... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ......onnected papers. We regret, we do not find any merit in the points urged and we are of the opinion that the High Court Division upon correct assessment of the materials on record arrived at a correct decision and rightly quashed the proceed­ings of the aforesaid criminal case. There is therefore no..

Category: Anti-Corruption Laws | Date: | Hits: 81

Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)

....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ......6.  In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record and appreciation of law arrived at a correct decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the..

Category: Criminal Law | Date: | Hits: 38