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Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

....rusted to him, as well as all other money due to the ward, and to grant receipts therefore; and may, under the orders of the Court, grant or reduce such leases and farm as may be necessary for the good management of the property. The "Manager" under the said Act is also responsible to ......tate became tenants under the Government in respect of such vested lands. Accordingly during S.A. Survey Operation the names of the writ petitioners and or their predecessors-in-interest were duly recorded in the S.A. Khatian correctly without any objection from any quarter and thereafter during......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..

Category: Property Law | Date: | Hits: 67

M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)

....find any cogent reason to inter­fere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......find any cogent reason to inter­fere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......find any cogent reason to inter­fere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ..

Category: Criminal Law | Date: | Hits: 51

State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)

....pon   correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......ed as aforesaid. 4. We have heard Mr. Md. Ali Akanda, the learned Deputy Attorney General for the petitioner and perused the judgment of the High Court Division and other connected papers on record. 5. The High Court Division held that P.W.1 and 2 who are seizure list witness­es......pon   correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ..

Category: Criminal Law | Date: | Hits: 45

Moulavi Khawaja Abdullah Welfare Trust Vs. Dhaka Nawab Court & another, 2008, 37 CLC (AD)

....ality in the impugned judgment as after hearing the parties, the Court being satisfied made the Rule absolute. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 803.......ality in the impugned judgment as after hearing the parties, the Court being satisfied made the Rule absolute. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 803.......ality in the impugned judgment as after hearing the parties, the Court being satisfied made the Rule absolute. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 803...

Category: Limitation Law | Date: | Hits: 180

Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)

....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) 799. ......overnment is authorized under the law to do conse­quently, the petition is dismissed." 8. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infir­mity in the above deci......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) 799. ..

Category: Civil Law | Date: | Hits: 100

M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)

....nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......or the respondent and Mr. Mahmudul Islam, learned Counsel appearing for added respondent and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 5. Mr. Moudud Ahmed, the learned Counsel appearing for the petitioner mainly argued......nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..

Category: Civil Law | Date: | Hits: 109

Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)

....on took a correct view in the mat­ter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......defendant Nos.1-5, although he had no saleable interest in the shop. Thereafter, Bazlus Sobhan sold the suit land to Salamatullah by kabala dated 03.01.1985. The purchaser got his name mutated in the records of the Revenue Department and has been paying rent, holding taxes etc. Amena Khatun fraudule......on took a correct view in the mat­ter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ..

Category: Tenancy Law | Date: | Hits: 155

Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)

....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......s. 3. The disputed land and other khas lands measuring 38.12 acres and the under raiyates of C.S. Khatian No. 224, 226, 227, 228 and 229 measuring 55.52 acres and altogether 93.64 acres were recorded in the name of Ram Dhan Bairagee, Lakhmikanto Bairagee, Pachu Ram Bairagee, Rajoni Bairag......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ..

Category: Property Law | Date: | Hits: 27

Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)

.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......nd Kamar Uddin (father of the plaintiffs and proforma-defendant No.16 Sufia Begum) on the basis of settlement, purchase and gifts. During the last survey settlement opera­tion the suit land was recorded in their names jointly and was finally published without any objection from any quarter. ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..

Category: Property Law | Date: | Hits: 33

Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)

....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......e fact the learned Judge of the High Court Division erred in law in making the Rule absolute. 7. We have heard the learned Advocate for the petitioner and perused the materials available on record and reasons to believe that there is no merit in the submissions thereof and accordingly th......ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ..

Category: Property Law | Date: | Hits: 27

Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)

....re 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) 780. ......neously  allowed the appeal reversing the judgment and order of the Administrative Tribunal. 4. As it appears the Administrative Appellate Tribunal on consideration of the materials on record, found that even though the petitioner conspicuously kept silent as to on which exact date h......aid prayer was rejected; though the allegations made against the petitioner were not proved the Investigating Officer submitted his report on 30.4.1982 giving opinion to remove the petitioner from service and then the respondent No.1 removed the petitioner from service. As against that the petit..

Category: Administrative Law | Date: | Hits: 162

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....y the Government considering different aspects of the Customs Act the public interest. Section 30 and 30A of the Customs Act provides that the rate of duty as well as value applicable to any imported goods shall be the rate prevailing on the date of submission of bill of entry to the appropri­ate a......mitted that the writ-petitioner having opened letters of credit to import the cement on 30.09.1998 the present petitioners have no lawful authority to charge enhanced duty. 4. It appears from the record that the Government may publish notification in the Gazette to exempt payment of customs duti......­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)

....ra on that day out of the consideration amount in presence of Magrab Ali who was an intimate friend of the plaintiff and also negotiated and settled the price of the suit land and the plaintiff in good faith did not demand the receipt of the payment. Defendant No.1, Falani Begum was the full sis......ngly considered that it was filed by all the defendants although D.W.3 categori­cally deposed that he received the sum­mons but did not file written statement. 5. It appears from the record that there are discrepancies in the evidence of P.W.'s and clear deviation from the pleadin...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..

Category: Property Law | Date: | Hits: 38

Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)

....re 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) 772. .......12.95, which was challenged, was not in existence due to the subsequent transfer made on 4.2.1996 to a co-sharer and accordingly the appellate Court on proper consideration of the evi­dence on record and proper appreciation of the legal provisions and also after adverting to the reasons ass......re 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) 772. ..

Category: Property Law | Date: | Hits: 23

Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)

....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......as acquired by the plaintiff petitioner out of his own separate fund and since then the plaintiff petitioner of along possessed the same on payment of rent to the landlord but he got the suit land recorded in the name of his banamder. Monmotha Nath Golder in S.A. khatian. After the death of the......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ..

Category: Property Law | Date: | Hits: 32

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....ity or infirmity 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: VI ADC (2009) 763. ...... of permanent injunction by way of restraining the petitioner from interfering with their in the suit land on the averments that the suit land, comprising an area .58 decimals of land, belonged to recorded owner Karim Munshi and after his death Rahman Munshi and Meghu Munshi, sons, got /8/ annas......ity or infirmity 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: VI ADC (2009) 763. ..

Category: Property Law | Date: | Hits: 26

Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)

....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......tance from Achimunnessa through her daughter Elimunnessa and it was asserted that Achimunnessa died leav­ing behind her only daughter Elimunnessa who inherited her entire property duly and correctly recorded during R.S. and S.A.Khatian in the name of Achimunnessa and the plaintiff laid further clai......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....When Bangladesh came into being as an inde­pendent State, in its early days a large number of ad-hoc appointments were made and examination/interview by the PSC Could not be regu­larly held and the good numbers of ad-hoc appointees did not have appointments to get themselves regularized thought th......e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......f Writ Petition No. 5362 of 2000 was appointed on 17.12.76 as the Assistant Engineer (Civil) of Road and Highways. All these appointments were on ad hoc basis for six months or till regularization of service by the Public Service Commission briefly the PSC. This period was extended from time to time..

Category: Employment/Service Law | Date: | Hits: 118

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

....cision by the writ petitioners was whether the Indemnity (Repeal) Act, 1996 was ultra vires. That was the only constitutional question for decision before the High Court Division. 15. For good or bad, the Act has repealed the Ordinance. Repeal of a law means its complete abrogation by t......he request made by the court six senior members of the Bar had also appeared and made their submissions as Amicus Curiae. There was also an intervener at the end. The High Court Division copiously recorded the submissions of all the learned counsel, whatever was argued, in the impugned judgment.......the Pakistan Army in 1970 joined the liberation war and was ultimately promoted to the rank of Lieutenant Colonel. He stated, inter alia, in his writ petition that he also served in the diplomatic service of Bangladesh but for his personal reason he resigned from diplomatic service in 1982 and c..

Category: Constitutional Law | Date: | Hits: 167

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......rantee amounts, being perform­ance guarantee and security amount, in accordance with the terms and condition of the respective contracts. The High Court Division on consideration of the materials on record and the submission of the respective parties made the Rules absolute vide separate judgments ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..

Category: Civil Law | Date: | Hits: 212