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Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ...... Case is also Reported in: IV ADC (2007) 964. ......ey possessed the entire suit land; the suit is also bad for non-joinder of Abdus  Sobhan and Bazlur Rahman in the suit. The lower appellate court dismissed the appeal on the findings that the documents of settlement on the basis of which the petitioners claimed title, being forged, the peti..

Category: Property Law | Date: | Hits: 30

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......ad Fazlul Karim J Amirul Kabir Chowdhury J Shaikh Md. Asad Hossain...........Appellant Vs. Maulana Md. Abdur Razzaque Chisty being dead his heirs: 1. Mommat Hasina Begum and others...........Respondents Judgment August 26, 2005. Lawyers Involved: ......ered deeds by properly framed suit in any Court of law, rather posses­sion was very much in favour of said Fazlul Karim. He submits that the High Court Division having considered the registered documents as well as other evidence on record rightly set aside the impugned judgments and decrees ..

Category: Property Law | Date: | Hits: 24

Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)

....e submissions of the respective parties represented by the lawyers and considered their submissions. The learned Judges of the High Court Division upon consideration of facts, cir­cumstances and the relevant law came to the finding, which are as follows: "The petitioners challenged th......h the findings and deci­sions arrived at by the High Court Division. This petition merits no consider­ation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......Ruhul Amin J Amirul Kabir Chowdhury J Md. Tajul Islam. .....Petitioner Vs. The Government of the People's (Republic) of Bangladesh repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ......Respondents Judgment May 02, 2006. Lawyers Invo......h the findings and deci­sions arrived at by the High Court Division. This petition merits no consider­ation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..

Category: Environmental Law | Date: | Hits: 517

Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)

.... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ......8 the petitioner was asked to show cause on the allegation that he had caused huge financial loss to Biman by overwriting and tampering three indents whereby previous purchase prices of Ivory Board papers were increased and that the petitioner gave reply denying the allegation and was still charg......ir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh Biman Corporation repre­sented by its Managing Director, Balaka Bhaban, P.S. Cantonment, ZIA, Kurmitola, Dhaka and another ...........Petitioners Vs. Riaz Uddin Ahmed and others .........Responden...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ..

Category: Employment/Service Law | Date: | Hits: 72

Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)

.... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ......(1); Exhibit Ka is the C.S. Khatian No. 116 in which it is found that C.S. Khatian No. 117 was the under khatian of khatian No. 116 as such 2.01 acres of land was also mentioned in that khatian;the papers and evidences filed show that 2.01 acres of land was auctioned sold in Rent Execution Case ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bulmayee Barmani alias Srimati Bulmayee Barmani and another.........Petitioners Vs. Sree Madhuram Barman and another.....Respondents ......, the mother of the defendant No.1, got the land of C.S. Khatian No. 117 on the basis of auction purchase and as such preparation of S.A. Khatian in the name of Purnamayee has no basis at all; the documents filed by the defendants show that it is only the lands of C.S. Khatian No.116 which were ..

Category: Property Law | Date: | Hits: 67

Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)

....ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......r of Kunja Behari Dam, that defendants' predeces­sor Mujaffar acquired 1 anna share in the land of the patta and that their predeces­sor's interest was never sold in auction and that if any papers relating to auction are produced the same are not genuine and that Benode Behari never purch...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdus Sattar Khan being dead his heirs Abul Lais Khan and others.........    Petitioners (In both the cases) Vs. 1. Md. Noor......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 930. ..

Category: Property Law | Date: | Hits: 26

Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)

....he plaintiff further requested the defendant No. 5 for loan of Tk. 35,00,000/- and subsequently asked for at least Tk. 18,97.075/- but the defen­dant No.5 informed the plaintiff to apply in the relevant form to which the plaintiff submitted form on 12.12.1987 but the said prayer remianed unat......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Ltd. repre­sented by its Managing Director, Gagan Babu Second Road, Khulna. ............ the time of approaching the plaintiff was asked to supply lay out plan to defen­dant No.5 by letter dated 15.8.1988 and the plaintiff accordingly deposited the lay out plan and other necessary documents on 29.8.1988 but the Krishi Bank did not take any action in the matter and ultimate­..

Category: Civil Law | Date: | Hits: 103

Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)

....250/- on August 8, 1981 and obtained the receipt and on May 13, 1985 paid Tk. 250/- and obtained the receipt, that after the payment of first installment Revenue Officer passed order directing the relevant officer to hand over posses­sion of the land in suit to the defendants and the said pe......petition filed under the provision of Ordinance No. 28 of 1976 was allowed and thereupon arrived at the finding that the said Ext. C is not gen­uine and thereupon observed as such what ever the papers filed by the defen­dants in support of their assertion that they did their part what was......eported in: IV ADC (2007) 920. ......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ..

Category: Property Law | Date: | Hits: 18

S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)

.... sufficient in respect of the griev­ance of the said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ...... petitioner in C.P. No. 1206 of 2006 and Mr. Ajmalul Hossain, the learned Counsel for respondent No.2 in both the cases and perused the judg­ment of the High Court Division and other connected papers. 9. It is not disputed that, Plot No. 9, Block No. CEN(A), Gulshan Model Town, Dhaka ...... of 2006) Vs. Rajdhani Unnayan Katripakha & another.............Respondents (In both the cases) Judgment April 22, 2007. Lawyers Involved: Dr. M. Zahir and Ozair Farooq, Senior Advocates (Abdus Samad, Senior Advocate with him) instructed by Aftab Hoss...... sufficient in respect of the griev­ance of the said writ petitioners. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 916. ..

Category: Property Law | Date: | Hits: 46

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....ies but Article 3(3) thereof provides the fact that the parties have chosen of foreign law, whether or not accompanied by the choice of the foreign tribunal, shall not, where all the other element relevant to the situation at the time of the choice are connected with one country only, prejudice ......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ...... Supreme Court Appellate Division (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin ......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..

Category: Civil Law | Date: | Hits: 96

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

....he writ petitioners' mother sub­mitted various representations to the Ministry of Works and other authorities from 1975-1982 and on 26.02.1982 she was asked by the Ministry of Works to produce relevant papers and documents, which she did on 15.03.1982, without any result any response. In the......petitioners' mother sub­mitted various representations to the Ministry of Works and other authorities from 1975-1982 and on 26.02.1982 she was asked by the Ministry of Works to produce relevant papers and documents, which she did on 15.03.1982, without any result any response. In the mean­......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh rep­resented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents ......' mother sub­mitted various representations to the Ministry of Works and other authorities from 1975-1982 and on 26.02.1982 she was asked by the Ministry of Works to produce relevant papers and documents, which she did on 15.03.1982, without any result any response. In the mean­while the ..

Category: Property Law | Date: | Hits: 22

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......templated in the Civil Procedure Code. The observation of the learned Subordinate Judge that the learned Munsif did not dispose of the matter after considering the respective cases of parties and the papers filed by them does not do justice to the learned Munsif, who appears to have made a perfectly......sif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..

Category: Property Law | Date: | Hits: 31

Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)

....ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......rned Advocate-on-Record for the peti­tioner and Mr. Aftab Hossain, the learned Advocate-on-Record for the respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. In the facts and circumstances of the case and in view of the discussion made abo......ner. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for Leave to Appeal No. 256 of 2004. (From the judgment and order dated 10.07.2004 passed by the High Court Division in Criminal Appeal No. 1195 of 2004).......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ..

Category: Criminal Law | Date: | Hits: 54

Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......l Islam, the learned Counsel for the petitioner and Mr. A. J. Mohammad Ali, the learned Attorney General for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 9. The High Court Division held that sub-section (2) of Section 10 applies to per&sh...... Supreme Court Appellate Division (Civil) Present Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Ranjit and others .....................Petitioners Vs. Bangladesh repre­sented by the S......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ..

Category: Employment/Service Law | Date: | Hits: 70

Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)

....dence, non considera­tion or misconstruction of evidence. 8. We are of the view that High Court Division after due consideration of the evidence and materials on record and answering the relevant issues as raised arrived at a correct decision and there is no cogent reason to interfere ......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......d in: V ADC (2008) 54. ......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..

Category: Property Law | Date: | Hits: 19

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......suit land; even though Surendra and Dijendra received the balance consideration of Tk. 5000/- they did not execute and register the sale deed in his favour; further the defendant No.2 created certain papers and documents which clouded his title and hence the suit. The defendant Nos.1 and 2 contested...... Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result:  The petition is dismissed.  Cases referred To- Abdur Rashim vs. Md. Rezauddin and others, 5 BLC (AD) 76; Md. Ashraf Ali and another vs. Fatiq Chandra Saha and others, 1983 BLD (A......even though Surendra and Dijendra received the balance consideration of Tk. 5000/- they did not execute and register the sale deed in his favour; further the defendant No.2 created certain papers and documents which clouded his title and hence the suit. The defendant Nos.1 and 2 contested the suit a..

Category: Property Law | Date: | Hits: 39

Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)

....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ...... ADC (2008) 40. ......ial court found that the C.S. and S.A. record there was no mention of any road and this finding was not controverted by the court of appeal below. The High Court Division further found that in the documents sub­mitted, there was no road on the disputed land and the suit land is covered by pa..

Category: Property Law | Date: | Hits: 37

Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)

.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......in J Md. Tafazzul Islam J Atiqullah alias Atik ………………...Petitioner Vs. Mohammad Safiquddin being dead his heirs: Rashida Begum and others ...........Respondents Judgment August 23, 2006. Lawyers Involved: ......not maintainable, the appellate Court has committed no error in dismissing the suit. 8.  The High Court Division on considera­tion of the materials on record, particular­ly the documents produced by the plaintiff and the defendant No.1, arrived at the con­clusion "On..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh & others Vs. Jahangir Alam & oth­ers, 2007, 36 CLC (AD)

....ro-forma with regard to Project personnel, even prior to the amendment complained of, did not pro­vide for in toto absorption of the Project personnel of Phase-I to Phase-II of the Project. The relevant portion of the Phase-II Project Pro-forma reads as under: "However, for the proper i......ro-forma, Phase-II the writ respondents issued the impugned orders causing recruitment of personnel in various posts in Phase-II of the Project by inviting applications for appointment in the news papers affecting the rights of the writ petitioners to be absorbed in Phase-II of the Project and a......esented-For Respondent Nos. 2, 5-7, 9-11, 13, 15-16, 19, 21-24, 26-28, 31 & 33-35 (In Civil Appeal No. 39 of 2005). Civil Appeal No. 38-39 of 2005.   (From the judgment and order dated 29.08.2004 passed by the High Court Division in Writ Petition Nos. 8254 of 2002 an......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..

Category: Constitutional Law | Date: | Hits: 146

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......non-consider­ation of the evidence of the P.Ws.1 and 5 since those P.Ws. admitted possession of the defendant No. 1 in part of the land, that materials on record particularly the rent receipts, papers relating to the mutation case and because of the evidence of P.Ws. 1 and 5 it can be said th...... ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..

Category: Property Law | Date: | Hits: 46