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Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....the Abandoned Buildings. 2. Fact, in brief, are that the petitioner files the above Case No.168 of 2001 for release of the above house from the Ka List stating that initially she had been in possession thereof on the strength of a written agreement for sale dated 19.06.1970 with Abdul Ham......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......ce. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......ract in respect of any building the possession of which has been taken by the Government as abandoned property under the Presidents Order No. 10 of 1972 and in the present case the property in question was admittedly declared as an abandoned property and was enlisted in the Ka List of t..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....matter of the solenama decree in the Title Suit No.64 of 1972 a decree for permanent injunction restraining the defendant No.1 from claiming or demanding or interfering with and / or disturbing the possession of the plaintiff in schedule No. 1 property and to award cost of the suit and to pa......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......gly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......the Constitution that a suit must be pending in the lower Court which is to be withdrawn. Since Title Suit No. 172 of 2000 is not pending in the Court of 3rd Joint District Judge, Dhaka there is no question of withdrawal of that suit for disposal by the High Court Division and as such the in..Category: Property Law | Date: | Hits: 23
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ...... call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......aced with cruel act perpetrated by him and moreover to give lesser punishment to the offender who stood convicted in a shocking and revolting crime would render the justice System of the country in question and to award inadequate sentence under sympathy would do harm to Justice System and would ..Category: Criminal Law | Date: | Hits: 50
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......missed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......on of section 30, 31A and the subsequent SRO No.158 dated 12.6.2003 for the purpose of determining the date of determining right of duty on the imports, the High Court Division further considered the question of maintainability of the writ petitions and arrived at a finding that by not availing the ..Category: Fiscal/Taxation Law | Date: | Hits: 72
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
.... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ......learned Subordinate Judge (now Joint District Judge), 1st Court, Dhaka in Title Suit No.279 of 1970 is collusive, fraudulent, ineffective and the same is not binding upon the plaintiff and the suit land has not been acquired in L.A. Case Nos. 62/1964-65 and 14/1965-66 by the defendant No.4. The ...... the appeal. The petition is dismissed. Ed. This Case is also Reported in: ...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion 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: 62 DLR (AD) (2010) 255. ......se No. 22 of 1993 was filed by the respondents herein against award made by the Deputy Commissioner in L.A. Case No.98 of 1985-86 which was initiated for requisition and acquisition of 60 decimals of land out of 86 decimals of land owned and possessed by the respondents herein in connection with ext......gly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......ion made in the acquired land. From the judgment of the learned Arbitrator it is not seen that there was express or implied conduction of the public functionary. In the case of public functionary the question of waiver in the performance of function required by law to be performed is to strictly con..Category: Alternative Dispute Resolution | Date: | Hits: 249
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ismissed. Ed. This Case is also Reported in: ...... schemes are transferred to other viable and operating units to fill available vacancies". The High Court Division on consideration of the facts of the case as well as the law relevant on the question involving the case held: “Respondent Nos. 1 and 2 had not acted reasonably in termin..Category: Employment/Service Law | Date: | Hits: 61
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......gly, the petition is dismissed. Ed. This Case is also Reported in: ...... Md. Ruhul Amin CJ.- The respondent No.1 in Writ Petition No.770 of 2007, which was filed questioning custody of two minors, a boy and a girl born on December 11, 2002 and Augu..Category: Family Law | Date: | Hits: 171
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... Ramhari Kasya in his raiyati right and he mortgaged the land in suit for 4 years and the said mortgage was a usufructuary one and after expiry of the said period of mortgage Ramhari Kasya got the possession of the land and while owning and possessing he died leaving 3 cousins as his heirs and t......of the Court of Munsif (now Court of Assistant Judge), Joypurhat in Other Class Suit No.16 of 1986 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. 3. The plaintiffs claimed the land ......gly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... background of the discussion 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: ..Category: Property Law | Date: | Hits: 28
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....verments that the Ram Ratan Bal, the defendant No. 2, was the original owner of the suit land and he on 9.10.71 sold the same to them at a consideration of Tk.3000/- and since then they had been in possession of the same by mutating their names and that the defendant No.1 is the son of Shamvu Na......d 31.10.92 of the learned Subordinate Judge (now Joint District Judge), Jhalakati passed in Title Suit No.49 of 1990 declaring that the plaintiffs have no right title and interest in the suit land. 2. Facts, in brief, are that the petitioners, as plaintiffs, filed the above suit for ......petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ..Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....land, Jadav died leaving behind 3 sons namely Jogendra Nath Brahmo, Nagendra Nath Brahmo and Kedar Nath Brahmo as his heirs who thus became the owners of 1/3rd share in Khatian No. 133/1. While in possession as such, Kedar Nath Brahmo and Nagendra Nath Brahmo settled their shares with Jogendra N......ore the High Court Division are that the plaintiff instituted Other Class Suit No.121 of 1974 in the Court of Subordinate Judge (now Joint District Judge), Pabna stating, inter alia, that the suit land appertaining to C.S. Khatian No.133/2 of Mouza Bhatpara under police station Sujanagar, Distri......same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....of his father should be surrendered to the government and by his order dated 19.9.1977 in the above appeal also directed the Circle Officer (Rev) Nachol, the proforma respondent No.3, to take possession of the excess lands and hence the suit. The Government of Bangladesh, the defendant No.1......properties. But the Circle Officer (Revenue) Nachole, the proforma defendant No.3, held that the properties of the plaintiff and also his father, the proforma defendant No.2, are actually the land of the father of the plaintiff and that the plaintiffs and his father live in the same mess an......rence. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ..Category: Property Law | Date: | Hits: 26
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......is Case is also Reported in: VI ADC (2009) 516. ......bsp; the writ-petitioner's licence of Nikah Registrar on the ground that he was not a permanent resident of No.7 Edbarpur Union. From the report submitted by the Sub-Registrar, it appears that the question of practising fraud in obtaining the license of Nikah Registrar was not considered. The Su..Category: Civil Law | Date: | Hits: 99
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......eafter, he was promoted to the post of Superintendent and was serving in that capacity to the satisfaction of the concerned authority. The appellant had to go home on account of resolving his land disputes and accordingly he filed an application for leave from 3.4.1993 to 28.4.1993 and......009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..Category: Administrative Law | Date: | Hits: 159
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......993 of the learned Assistant Judge, Additional Court, Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the petitioners by 2(two) deeds dated 03.02.1977 and 08.02.1977. The resp......dingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......ot being proved. 10. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that question of limitation was correctly decided by the trial court and the High Court Division and thi..Category: Property Law | Date: | Hits: 24
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....1998 for specific performance of contract by way of re-conveying by the defendants the suit land in his favour on the averments that he was owner of the suit land by way of jote right and while in possession and enjoyment of the suit land he proposed to sell the same and the defendant No.1 agree......ion of plaint. 2. The respondent No.1, as plaintiff, instituted the above Title Suit No.79 of 1998 for specific performance of contract by way of re-conveying by the defendants the suit land in his favour on the averments that he was owner of the suit land by way of jote right and wh......ence. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......ff filed the suit before a competent court of jurisdiction but praying wrong relief under the wrong advise of the learned Advocate for the petitioner and it is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon takin..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ......ence. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ......n the appellate Court did not commit any error of law resulting in an error in the decision occasioning a failure of justice in granting the order of temporary injunction and further the question of maintainability of the suit as raised by the defendant is not tenable in law in view of..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......08.1997 for the construction for 20 storied residential building and thereupon cancelling the plan for the construction of the building. 2. The facts, in short, are that 25 decimals of land of C.S. Plot No.361 of mouza Bhola belonged to Mr. Abu Siddique and others, that land of C.S. ......er as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......n of the principle of natural justice. 3. Rule was opposed by the appellant (respondent No.1 in the writ petition) by filing an affidavit-in-opposition stating, inter alia, that the land in question i.e. 25 decimals of land of C.S. Plot No.361 claimed by the respondent was acquired in L.A..Category: Property Law | Date: | Hits: 28
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....he High Court Division and also other connected papers. 6. As it appears the High Court Division discharged the Rule holding that there are serious contradiction in the evidence of P.Ws. as regard possession of the plaintiff in the suit land and all the P.Ws. also remained silent as to the genuin......ict Judge Court No.1, Rangpur in Other Suit No. 30 of 1997 dismissing the suit. 2. The petitioner, as plaintiff filed the above Other Suit No.30 of 1997 for partition of an area of 4.70 acres of land out of the suit jote and also for declaration that the unregistered Heba Deed dated 19.6.1948 p......tition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469.......ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469...Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....o.3, having sold out the entire land to the defendant Nos.1 and 2 by kabala dated 18.4.1979 and the defendants Nos.1 and 2 possessing the suit land and the plaintiffs have got no right, title, and possession over the suit land. 3. The trial Court, after hearing, decreed the suit. On appea...... 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of 'Ka' scheduled land and also seeking declaration that the deeds as described in the schedule 'Kha' and Ga to the p......e. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ..Category: Property Law | Date: | Hits: 34
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