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Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....illegally. Section 26 of the Arms Act, 1878 is to the effect:- "The (Government) may at any time order or cause to be seized any arms, ammunition or military stores in the possession of any person notwithstanding that such person is licensed to possess the same, and may......of cartridges. The licenses were regularly renewed on payment of fees to the concerned authority. An Advocate, named, Javed Akther Faruq, who is his political rival, in order to harass and grab his landed property implicated him in false cases. On being unsuccessful in those cases, Javed Ak...... Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Golam Ambia..............................Appellant Vs. The Deputy Commissioner, Mymensingh and others......................Respondents Judgment August 26, 2003. La......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....1 RAJUK to revoke the aforesaid memo dated 06.04.1999 but to no effect and hence filed the suit and that during pendency of the suit the defendant No.1 dispossessed the plaintiff and took forcible possession and as such, the plaint was amended adding a prayer for recovery of khas possession of t...... defendant No.1 Rajdhani Unnayan Katripakkhya in short RAJUK as illegal, without jurisdiction and not binding upon the plaintiff. 3. In the plaint it was asserted, inter alia, that the suit land belonged to Israt Reba Mohammad Zunaid and Shamim Ara Rafique who proposed to sell the p......Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ...... Police Station Chittagong under section 406/420 Penal Code read with section 138 Negotiable Instrument Act, alleging that the petitioner received Tk. 3,15,000/- from him for purchasing land and the petitioner after receiving further sum of Tk. 3,50,000/- from the ......der section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......e case and having considered and held that the occurrence took place in the heart of Dhaka City found that in the FIR there is no words to show that the accused were engaged in taking the money in question out side the country by was of Hundi. 6. The High Court Division further found that..Category: Criminal Law | Date: | Hits: 37
Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
....tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ....... 70/88 Kali, T.R. 06/1989 on 27.02.1988 before the Upzilla Magistrate, Kaliganj stating, inter alia, on 26.02.1988 at 10.00A.M. he was plucking tamarind from the tamarind tree standing on his own land. P.W.2, Sufia Khatun was collecting those from the ground. At that time P.W.1 Saker Ali (an in......exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ..Category: Criminal Law | Date: | Hits: 38
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ...... Md. Tafazzul Islam J Md. Hassan Ameen J Md. Habibur Rahman Islam……………………...Petitioner Vs. The Secretary, Ministry of Local Government and Rural Development, Government of Bangladesh, Bangladesh Secretariat......;ীবী and the correct word will be অকৃষিজীবী and further since the allegations made by the writ petitioner relate to disputed question of facts, the same can not be decided in writ jurisdiction as held in the case of Kha..Category: Property Law | Date: | Hits: 21
Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ...... 2. Short facts are that plaintiffs instituted Title Suit No. 324 of 1999 in the Court of Assistant Judge, 2nd Additional Court, Dhaka for restraining the defendants from trespassing into the suit land and demolishing the house, mosque and wall constructed by the plaintiffs. 3. The d......missed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ..Category: Property Law | Date: | Hits: 22
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ......I ADC (2009) 246. ...... the writ-petitioner has no locus standi to file the writ petition. In case of Nizamuddin and others Vs. Bangladesh, the Appellate Division held that alteration of boundary of the Municipality is a question of fact which cannot be decided in writ jurisdiction. The similar question was decid..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....nterest was acquired by the Government and after their death, the plaintiff Nos.1-7 as heirs of Ishaque inherited the property and plaintiff Nos.20-25 as the heirs of Ismail are in continuous possession of the suit land on payment of rent regularly. The suit land was wrongly recorded in the......that the plaintiff instituted Title Suit No.76 of 1992 in the Court of Additional Assistant Judge, 1st Court, Gazipur for declaration of title, stating, inter alia, that an area of 2 acres of land out of total 3.80 acres of C.S. Plot No. 1696 of Mouza Selan was taken settlement by plai......missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ..Category: Property Law | Date: | Hits: 34
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....sp; 2. The respondent Nos.1-4 and their predecessor-in-interest as plaintiff filed Title Suit No. 341 of 1982 in the Court of Munsif, Shariatpur for declaration of title and confirmation of possession in the suit land. The case of the plaintiffs is that the suit land originally belonged ......ndent Nos.1-4 and their predecessor-in-interest as plaintiff filed Title Suit No. 341 of 1982 in the Court of Munsif, Shariatpur for declaration of title and confirmation of possession in the suit land. The case of the plaintiffs is that the suit land originally belonged to one Kurban Ali Matbar......s to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..Category: Property Law | Date: | Hits: 25
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......for declaring that the 'Kha' schedule deed appearing in the plaint is void, collusive, illegal, fraudulent, forged and not binding upon the plaintiff and the plaintiffs case, in short, is that the lands mentioned in the ‘Kha’ schedule in the plaint belonged to Horidash Sarker, and th...... Ameen J Raghunath Sarker. .............Appellant Vs Ramnath Sarker ...............Respondent Judgment July 1, 2008. Lawyers Involved: Alhaj Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. ......aintiff allegedly made the gift of his property in favour of his one son defendant No.1 depriving the other, the plaintiff which is not permitted under the law and the instant case, involves a question of law to great public importance as to whether a Hindu governed by Dayabhaga school of l..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....eading one Abdul Huque the predecessor in interest of the present petitioners as defendants and opposite party Nos.3-27 and others raying for a decree for declaration of title and recovery of khas possession in the suit land as described in the schedule to the plaint stating, inter alia, t......the predecessor in interest of the present petitioners as defendants and opposite party Nos.3-27 and others raying for a decree for declaration of title and recovery of khas possession in the suit land as described in the schedule to the plaint stating, inter alia, that two full mothers, ...... dismissed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......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: VI ADC (2009) 229. ..Category: Property Law | Date: | Hits: 23
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ...... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ...... basis of the decisions of the Board of Directors in terms and conditions of the Memorandum and Articles of Association of the said Companies. 9. The High Court Division considered the question whether the said employer Companies after their placement under the BCIC still maintain th..Category: Employment/Service Law | Date: | Hits: 76
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....en the plaintiff had been residing with Manindra; Manindra having died without any issue, the entire property devolved upon Arun Chandra Shil, the heir of Manindra; the plaintiff continued his possession in the suit homestead with the permission of Arun Chandra Shil who on 23.6.1985, at a c......e predecessor of the petitioners, filed Title Suit No.36 of 1985 in the Court of the then Munsif (now Assistant Judge), Derai, Sunamganj for declaration of his right, title and interest in the suit land and for further declaration that the ex parte decree dated 27.5.1985 of the same very Court p......I ADC (2009) 223. ......r 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) 223. ..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....aintiffs preferred First Appeal No.79 of 1990 before the High Court Division and filed therein an application under Order 6 Rule 17 CPC praying for adding the prayer for recovery of khas possession in the plaint on payment of ad veloram court fees contending that unless the abov......nt and order holding that the original suit is for declaration of title simplicator and the proposed amendment is sought for recovery of khas possession in respect to some portions of the suit land in which the defendants denied the title and possession of the plaintiffs in those portions a......as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ..Category: Civil Law | Date: | Hits: 107
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....rty shortly the suit property by inheritance. He exchanged property with some property of the plaintiff by a registered deed of exchange dated 22.09.1983. Since then the plaintiff has been in possession of the property. He also got his name mutated and has been paying rent for the property.......ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......This Case is also Reported in: VI ADC (2009) 217. ......rder to grab the property although he was never in possession thereof. However, there was a local salish over the matter and accordingly the plaintiff executed and registered the sale deed in question in favour of the defendant No. 1. 4. The trial Court on consideration of the mater..Category: Property Law | Date: | Hits: 20
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
....ed necessary stamp from the Feni Treasury through a vendor on 12.12.1977. The seller defendants received the consideration money from the plaintiff on 01.10.1978, executed the kabala and delivered possession of the land in favour of the plaintiff on the same day. The defendant No.1 executed the ......espondent No.1 as plaintiff instituted Title Suit No. 59 of 1989 praying for specific performance of contract stating, inter alia that the defendant opposite parties proposed to sell the suit land and the petitioner wanted to purchase the same for the price of Tk.10, 000/- for which the pla...... dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ......order of the High Court Division and other papers on record. 10. It appears that the High Court Division believed the contract and found that the plaintiff was entitled to get the kabala in question and the trial court rightly decreed the suit since the contract has been believed the suit..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
....intiff-respondent Nos.1-8 instituted Other Class Suit No. 56 of 1993 in the court of the Assistant Judge, Trishal, Mymensingh for declaration of title in the suit land and also for recovery of khas possession contending, inter alia, that the suit land situated in the Alahari Mouza under Trishal T...... 2. The short fact is that the plaintiff-respondent Nos.1-8 instituted Other Class Suit No. 56 of 1993 in the court of the Assistant Judge, Trishal, Mymensingh for declaration of title in the suit land and also for recovery of khas possession contending, inter alia, that the suit land situated in......re with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....defendants on an amicable settlement handed over possession of 90 decimals of land under Dag Nos. 1123, 1124, 1126 and 1127 to the plaintiff, Md. Hanif and Fatema Khatun. While the plaintiff was in possession of the suit land some miscreants tried to dispossess him from the suit land when he fil...... The Short fact is that the respondent as plaintiff instituted the aforesaid Title Suit No.13 of 2002 against the defendant-petitioners for a decree of permanent injunction in respect of the suit land alleging, inter alia, that the suit land appertaining to Mouza No. 202 Sundarpur, Chatkhil, Noa......e petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......r Miscellaneous Case being No. 103 of 1980 and subsequently the case was renumbered as 20 of 1992. 4. The case of the pre-emptor respondent, in short, is that he is the co-sharer of the case land and other lands by inheritance with opposite party Nos.3 to 6; opposite party Nos. 3 to 6 tra...... are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......nbsp; 2. Both the petitions being disposed of by the same judgment and common questions of law and fact arising therein, the two leave petitions are disposed of by this sin..Category: Property Law | Date: | Hits: 25
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