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Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)

....to the plaintiff and by kabala dated 23.1.1957 also transferred .17 acres of land of Plot No.254 from Kha schedule land to the plaintiff and then on 15th Magh 1383 B.S, the plaintiff, for the first time, came to know that.17 acre of land of Plot No. 254, that is Kha schedule land, has been wrongl...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ..

Category: Property Law | Date: | Hits: 25

Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)

....ry documents held that the TCB approved Annexure-A regarding reduction of manpower and discharge of the writ petitioners  and others from service on payment of full financial benefits. Since at that time there was only one Director at the TCB in addition to the Chairman, the decision of the Governm......e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ..

Category: Employment/Service Law | Date: | Hits: 73

Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....herein. The case holding in plot No. 12753 is to the contiguous north of his residential house in plot No. 12754. The petitioner came to learn from opposite party No.1, on 10.01.1997 for the first time that he purchased 12 decimals of land from case plot No.12753. No notice under Section 89 of t......le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ..

Category: Property Law | Date: | Hits: 25

Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)

....mption case. 10. It appears that all the courts below found that the pre-emptors are the co-sharers by purchase and the pre-emptee is a stranger and the pre-emption petition was filed within time after performing all for­malities and decided the prayer for pre­emption in favour of......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..

Category: Property Law | Date: | Hits: 28

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

....oney was deposited and the possession of the allotted land was handed over to the respondent No.1 but RAJUK did not execute and register the lease deed inspite of the repeated requests; in the meantime the construction works of residential building of the Chairman of Dhaka Water Supply and Sewer......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ..

Category: Property Law | Date: | Hits: 28

Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)

....ated 15.2.1983 on the ground that he never entered into any contract with the appellant for sale of the suit land and he had no knowledge of the suit and that he filed the miscellaneous case within time from the date o his knowledge. The said case, on transfer to Gazipur, was renumbered as Misce...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ..

Category: Civil Law | Date: | Hits: 71

Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)

....t with C.P. cost of Tk.3,000/- to be paid by the plaintiff petitioner to the defendant opposite parties by 02.06.1997. On 02.06.1997 the plaintiff petitioner filed an application praying for time to deposit the C.P. cost of Tk.3,000/- in court on the ground of economic crisis whereupon the......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ..

Category: Civil Law | Date: | Hits: 85

Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)

....dismissed the case on the findings that no oral evidence has been adduced from the side of the petitioner, i.e. Respondent No.1 herein, that Sahera Khatun was present in Bangladesh at the relevant time and her whereabouts were known, that the alleged oral gift has not been established by examini...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..

Category: Property Law | Date: | Hits: 29

Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)

....case upon observing "Considering the facts and circumstances coupled with the above stated reminders and departmental appeal etc. I am convinced to hold that the petition has been filed within time. In other words, it is not barred by limitation. The petitioner cannot be victimized or made ......ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..

Category: Administrative Law | Date: | Hits: 96

Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)

....07(16) dated 09.08.2004 without considering the reply of the petitioner and same was sent to the petitioner. The petitioner filed an application to the authorized officer on 17.08.2004 praying for time for this appearance due to his sickness. But without paying,any heed to his prayer for time th......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 32

State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)

....ain who allegedly collected it from a nearby brick stack. Both of them unsuccessfully tried to open the pot sitting in front of the house of P.W.4, Monowara Khatun, wife of Anowar Hossain. At that time AH Hossain suddenly came to the spot and took away the tin pot of Zorda. Then victim P.W.6, Ru......t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ..

Category: Criminal Law | Date: | Hits: 48

Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)

....of the sellers and the sellers executed two registered kabuliyats and paid salami and rent and obtained dakhilas from the buyers and others who accepted rent and since then the plaintiffs from the time of their predecessor have been possessing the suit land. The defendants' case is that Somerudd......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ..

Category: Property Law | Date: | Hits: 28

Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)

....f by kabala dated 29.06.1972 and 09.10.1972. After purchase the plaintiffs got their names mutated in the record of Revenue Department. The last R.S. record was prepared in their names. In the meantime, one Hanif Mia allegedly, a Juba League Leader created collusive kabalas and by dint of those ......ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ..

Category: Property Law | Date: | Hits: 21

MA Sattar and others Vs. State, 2008, 37 CLC (AD)

....,00,000. On 25-10-1989 the RAJUK accorded permission for transfer. The deed was registered on 2-11-1989 in favour of the JPL. It is alleged that Md Sadeque Hussain was residing abroad at the relevant time and accused Akjadul Haq forged the signa­ture of Sadeque Hossain on the lease deed and did eve...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..

Category: Anti-Corruption Laws | Date: | Hits: 294

Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....hat in this case an enquiry committee consisting of 3 members was duly constituted by the managing committee of the Madrasha which held inquiry twice and submitted inquiry report twice and both the times the inquiry committee found the allegations against the petitioner true. Copies of the resol......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ..

Category: Employment/Service Law | Date: | Hits: 77

State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)

....esses on their behalf. 8. The defence case as could be gathered from the trend of cross-examination is total denial and their, inter alia, case was that no occurrence took place on the date, time, place and in the manner as alleged but they have been falsely implicated in this case out of ......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ..

Category: Procedural Law | Date: | Hits: 79

Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....lied to Deputy Commissioner, Bogra along with the cer­tified copy of the decree of Title Suit No.493 of 1983 for delivery of possession of the property in question but without any result. In the meantime, respondent No.1 published a list of abandoned building in the Bangladesh Gazette, extraordinar......llant hope­lessly failed to prove his case, so there being no substance the appeal is accord­ingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ..

Category: Tenancy Law | Date: | Hits: 155

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

.... of land to Keramat Ali by the kabala dated 23.11.1960 and thus Keramat Ali acquired 0.303 acre of land; that in respect of the said and present Municipal holdings are 1075 and 1076 and 1079 at one time 213, 217, 216, later on 1176, 1179 and 1180; that to deprive the present defendants, Mojibul ...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ..

Category: Property Law | Date: | Hits: 23

State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)

....ning a separate Section i.e. 7(2) applicable in cases of appeal from the decree i.e. similar provision ought to have been made in Section 7 also for depositing the 50% of the decretal amount at the time of preferring appeal before the High Court Division. 7. It also appears that Section 7,......ting aside the impugned judgment and decree pass­ing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..

Category: Banking Law | Date: | Hits: 96

Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)

....ining a loan of Tk.12 lacs to be paid in 6 install­ments of Tk. 2 lacs each from House Building Finance Corporation he con­structed structure up to 2nd floor of the 6(six) stories building. At that time he sud­denly got a letter from the office of the Dhaka Cantonment requesting him for his opini......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..

Category: Property Law | Date: | Hits: 74