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Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
.... maintainable as there is no joint possession and enjoyment of the property and the pre-emptor and pre-emptees are in exclusive possession of their respective portion separately from the time of their two successive predecessor and for all practical purposes there is nothing ...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ..Category: Property Law | Date: | Hits: 26
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....ho died leaving brother's son, defendant Nos.4 and 5, that Fuljan Bibi was a pardanshin woman and she became ill in the middle of Magh, 1368 B.S. and the plaintiff visited Fuljan Bibi at that time and proposed for her treatment and for that alleged purpose took Fuljan Bibi on 25th Magh......appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....ibunal in Administrative Tribunal Case No. 9 of 2003, Government filed appeal before the Administrative Appellate Tribunal, being Appeal No.214 of 2005. 6. The appeal so filed was barred by time and as such an application for condonation of delay was filed. 7. The delay in filing th......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ..Category: Administrative Law | Date: | Hits: 102
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....ears the High Court Division dismissed the appeal holding that in their written statements the petitioners did not deny the receipt of part consideration money and though their case is that at the time of execution of the bainanama, as earnest money, they received only Tk. 50,000/- and not Tk. 1......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..Category: Property Law | Date: | Hits: 26
Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
....). 4. The petition under Order 41, Rule 21 of the Code of Civil Procedure was filed stating that the learned Advocate through whom the aforementioned appeal was obtained at the relevant time was elevated to the bench and that no notice under N-10 Form was served on the petitioner. Th......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ..Category: Property Law | Date: | Hits: 25
Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)
....t Division in revisional jurisdiction against the judgment of the appellate Court passed in Miscellaneous Appeal No.171 of 2003 and obtained Rule on January 24, 2004. The High Court Division at the time of issuance of Rule passed an order of injunction restraining the defendant No.2 from erecting......d character of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ..Category: Property Law | Date: | Hits: 20
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
.... i.e. there must be a common question of law or fact bearing sufficient importance in proportion to the rest of action to render desirable that all of the matters should be disposed of at the same time. If any such plaintiff refuses to join themselves/himself as plaintiff with the plaintiff, the......mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ..Category: Property Law | Date: | Hits: 22
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
....er case of the plaintiff is that he married defendant No.1 on 5th January 1979 and they have one son and one daughter out of the said wedlock. The plaintiff being a Marine Engineer had to pass his time in different ships throughout the year in foreign countries when the defendant No.1 used to re...... correct 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) 519. ..Category: Property Law | Date: | Hits: 20
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
.... 16. Regarding possession of the parties the High Court Division found: "The plaintiffs have succeeded in proving that they have continuous possession in the suit land since the time of Ali Mamud and after the State Acquisition and Tenancy Act came into force, the petitione......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ..Category: Property Law | Date: | Hits: 22
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....ened in the name of the plaintiff No. 1, that plaintiff No. 1 upon constructing a dwelling house on the southern plot of the suit land was living there with the members of his family for long time, that rest of the land is being possessed by the plaintiff No. 1 by cultivating and planting f......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) 503. ..Category: Property Law | Date: | Hits: 19
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....respondent No.1 having not taken any step for hearing the learned Assistant Judge by order dated 26.11.2006, in terms of the amended provisions of Order 39 rule 5(A) (3) CPC rejected the prayer for time and recalled the above order of ad-interim injunction passed on 18.1.2006. As against that the......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....ndents to show cause as to why the Appeal No. CEVT/Case (VAT) 126 of 1996 filed before the Tribunal (writ respondent No.1) shall not be deemed to have been allowed with the expiry of 6 (six) months time from the date of acceptance of the appeal on 26.5.1997 as provided in sub-section (4) of Sect......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....e Ministry of Land for its approval. It is remarkable to note that the case property was neither listed in the vested property published by the Government nor it was acquired by the Government at any time which is marked as Annexure-G to the writ-petition. The attorney of the writ-petitioner made a ......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7...Category: Property Law | Date: | Hits: 33
Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
.... of the case land transferred by a kabala deed dated 02.07.1988 in favour of the pre-emptee No. 1 who is a stranger purchaser and the pre-emptor is a co-sharer by inheritance and the case is within time. 3. The pre-emptee contested by filing written objection denying the material allegatio......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ..Category: Property Law | Date: | Hits: 26
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... victim Shah Alam Babul along with Hawkers namely Sobhan, Abul Kashem, Abdur Rahim and Shahidullah were discussing regarding sale of newspapers in the Habib Market of Sector No.5 of Uttara. At that time the accused persons took Shah Alam @ Babul to the embankment of Bawnia Beel and the aforesaid ...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..Category: Criminal Law | Date: | Hits: 36
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....pondent No.1 could only be evicted from the suit plot by a suit after due service of notice, but in the present case by the notice dated 11.9.1993 the respondent No.1 was provided merely seven days time before determining/terminating the lease and so the said notice as well as the Memo dated 12.......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....18.03.1942. Nawab Ali died leaving behind the plaintiff as the only son, Sirajuddin transferred his share in favour of Abdul Majid, Secretary of Madrassa by the deed of gift dated 18.11.1959. At that time plaintiff was minor and consequently the execution of deed of gift and its registration were re......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....rs from the record that in course of appeal the defendant was negotiating with the bank and the purchaser to sell the auction property and the defendant will pay up the entire decretal amount at a time to the bank and he will also pay to the auction purchaser the amount together with interest. T......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....and the accused are involved in share business and being closely known to each other the complainant gave a loan of Taka 60,00,000 (sixty lac) to the accused who assured to reimburse the amount in no time and later issued two cheques in favour of the complainant dated 27-8-2000 one for Taka 45,00,......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ce. 22. The recent trend of delay in disposal of criminal cases has created havoc in the adjudication of justice depriving the parties to get fair and impartial justice within a reasonable time and thereby justice is denied due to piling of huge cases awaiting disposal and accumulation of......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
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