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Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......ord arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......o participated in the auction were all from the same village excepting one. Accordingly the Executing Court found collusion and fraud on the face of the record and hence set aside the auction sale in question with some directions. 8. The High Court Division by the impugned order refused to interf..Category: Civil Law | Date: | Hits: 92
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....ment of the balance amount of Tk. 20,000.00 by the plaintiff vendee to the vendor within 6(six) years the latter would execute and register the necessary sale deed. On the said date the delivery of possession of the demised land was made in favour of the plaintiff vendee and since then the plaint......iff-petitioner filed Other Suit No.145 of 1999 for Specific Performance of Contract alleging that Mir Ahmed executed a Bainapatra on 19.9.1981 in favour of the plaintiff-petitioner to sell the suit land at Tk. 60,000.00 acknowledging payment of Tk. 40,000.00 only paid by the plaintiff-petitioner ......e is also Reported in: 1 XP AD (2008) 155. ......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ..Category: Property Law | Date: | Hits: 36
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......DC (2004) 596. ......trative Appellate Tribunal in Appeal No. 21 -of 1993) Judgment ATM Afzal CJ.- The question raised in this appeal by leave is whether the respondent who is an Assistant Director, Na..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....ctioned respondent No. 4 filed an objection to the RAJUK complaining that she had filed Title Suit No. 9 of 1983 for a declaration of title to the land purchased by the appellants, recovery of possession, cancellation of the power of attorney and cancellation of sale deeds in favour of the a......urt Division in Writ Petition No. 2042 of 1994 discharging the Rule. 2. The appellants obtained sanction for a plan from RAJUK to construct a 10-storied building on 16-11-89 in the disputed land which was purchased by them from Anwar Rahim, Akhter Rahim, the two brothers and their sister,......570. ......wer of attorney on her behalf the brothers of respondent No. 4 executed and registered the sale deed in favour of the appellants and as such the sanction for a building plan was approved under questionable circumstances. Respondent No.1 contended that there was a clause in the sanction ..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......uted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......inst the impugned judgment of the High Court Division. After hearing the parties this Division allowed the same by its judgment and order dated 7-12-1998 and holding inter alia, that the deposit in question made by the present respondent No. 2-SABINCOisaloanas defined in the Artha Rin Adalat Ain..Category: Others | Date: | Hits: 95
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... the Special Power Act. Mr. Sobhan further submits that at the time of seizure of the salt in question there was no ceiling whatsoever prescribing the quantity of salt' which one could keep in his possession and further merely 600 Kgs of salt, which amounts to about 16 mounds, were found in the ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......pellant was also not convicted for smuggling under section 25(2) but for hoarding under section 25(1) of the Special Power Act. Mr. Sobhan further submits that at the time of seizure of the salt in question there was no ceiling whatsoever prescribing the quantity of salt' which one could keep in ..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....hat there was no ground for disbelieving the evidence of the witnesses has no substance. 6. On consideration of materials on record it has been found by this court that the petitioner was in possession of a pipe gun and two rounds of live cartridges and the evidence and circumstances of the......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......rd and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......Case No. 415 of 1987 in the Court of Upazilla Magistrate at Debidwar alleging, inter alia, that she along with her two sons, namely P.W. Kamal Hossain and P.W Shain Mia purchased 4½ decimals land of plot No.111A appertaining to Khatian No. 236 of Mouza Debidwar under police Station Debidwa...... In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......secution examined as many as 5 witnesses and the defence examined none. The learned Magistrate on consideration of the evidence on record convicted the accused Abdul Latif @ Hanif executant of the questioned document and attesting witnesses including the present petitioner under Section 465/109 ..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......owed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......tation if so advised against the appellants under Section 465/109 of the Penal Code and the further submission that the procedure adopted by the Division Bench of the High Court Division involves a question of public importance as to administration of justice. 5. We have heard Mr. Ab..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....fact that some of the ornaments were mortgaged to the deceased father as security for loan. In Stroud's Judicial Dictionary, Voliume-3, Fifth Edition, Page 1829 an owner included a mortgage in possession. On the debt of the appellant's father Aloke Nath Dey stepped into the shoes of the......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......al is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......in cash or account' secured or unsecured, whether ascertained or ascertainable arising out of such obligation expressed or implied. 6. Lengthy submissions was made by both sides on disputed question of facts like whether on the death of Haladhar Chandra Dey the proprietor of M/S H. Dey Je..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....re and Latifun Nessa in 4 annas share. Since before C.S. Record. Mohirun Nessa was in possession through exchange and her name was recorded correctly in C.S. Record. While Mohirunnessa was in possession as they registered on her, she died leaving behind her son Abul Hossain and husband......ndant Nos.1 and 2 filed written statement contending inter alia that they got the property by way of settlement. In that suit at the time of hearing Mojiruddin deposed that he did not transfer the land to the defendants by Pattan. The defendants have no title and possession in the suit property ......llowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......ing the defendant No. 1 to refund Tk. 12,00,000/- to the plaintiffs and the defendant No. 3. 3. Title Suit No. 50 of 1984 was filed seeking decree for specific performance of contract of sale of land claimed to have been entered into by the defendant No.1 on November 5, 1973 with the plaintiffs......he review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... enlisted as vested property. 3. The defendant Nos. 1 and 2 by joint written statement resisted the claim of the plaintiffs in respect of the settlement of the disputed property and the possession of the plaintiffs. They claim that the pattas are forged and fraudulent document. ......Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of the disputed land and that the enlistment of the suit property as vested property is illegal stating inter alia,......allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......f the two courts below and also the submission that the learned Single Judge of the High Court Division has ignored the elaborate discussions and findings arrived at by the trial Court on the question of execution of the patta upon comparison of the signatures of defendant Nos.1 and 2 in th..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......dence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......he probate case, however, is sent back to the original court, for hearing the same afresh in accordance with law by giving opportunity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....laintiffs terminated the tenancy by serving notice under section 106 of the Transfer of Property Act effective from September 1994 and requested the defendants to hand over vacant possession of the premises but they failed. 3. The defendants contested the suit by fil...... their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plaintiffs as his landlord. Younus Chandana stopped payment of rent since May 1974 and he also inducted defendant No.......l, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......ove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......hat PDB is not under obligation to issue the work order to the petitioner for the next phases in view of the resolution of the PDB noticed by the High Court Division and that it is the PDB who can question the direction given by the High Court Division while disposing of the writ petition. ..Category: Procedural Law | Date: | Hits: 83
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
.... of tendency of writ petition No. 3968 of 1988, the present petitioner is going to be highly prejudiced for not being in a position to place his case in either of the two forums although he is in possession of the said shop by virtue of inducting him into possession by the Dhaka City Corpora......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......68 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ..Category: Procedural Law | Date: | Hits: 78
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
.... 3. The defendant appellants by filing written statement contested the suit contending inter alia that the suit land was acquired in L.A. Case No. 13 of 1959-60 and Government took over possession of the same; that for acquisition the plaintiff respondent Abdul Hakim was given compens......dge, First Court, Dhaka praying for permanent injunction against the defendant Government of Bangladesh and other Government Officers restraining them from entering into the 'Ga' Schedule land part of the 'kha' schedule which is out side the land acquired in L.A. Case No. 13 of 1956-60....... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......nnouncement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......5;দ্দিকী) রেজিস্ট্রার। Article 49. (1) No election shall be called in question except by an election petition presented by a candidate for that election in accordance w..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... and 1(kha) of the plaint he exchanged schedule 1(kha) property on 19.10.82 by registered kabala with that of the defendant No. 1's property mentioned in schedule 3 (ka) of the plaint and got possession in their respective exchanged properties. The defendant No. 1 purchased some lands in th......Sadar Comilla for declaration that the kabala described in the schedule 1, 2 and 3 of the plaint are forged, illegal and void etc, and for further declaration of his title to the land described in the schedule 1(ka) and 3(ka) of the plaint stating to the effect that while said ...... it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......the impugned documents, arrived at a finding that those documents are genuine having been executed by Debendra Chandra Sharma himself on receipt of consideration money for the transfer in question. It is argued that the learned judge of the High Court Division committed an error of law ..Category: Property Law | Date: | Hits: 27
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