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Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)

....ision sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......ut they declined. Hence the suit. 2. The suit was contested by the defendant Nos. 1 and 2 upon denying the material averments made in the plaint and contend­ing, inter alia, that at the time of execution of the agreement for sale defendants were minors and as such the contract for sal......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ..

Category: Civil Law | Date: | Hits: 74

Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)

....-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ...... of the fruit of the decree obtained by him in the S.C.C. suit and for enjoy­ing the property in suit for illegal gain. In our view the suit filed by the plaintiffs are frivolous one and at the same time sole object and purpose of filing the suit was nothing but to harass the defendant with the end......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ..

Category: Property Law | Date: | Hits: 39

Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)

....nd no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......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) 759. ......bility since the possession through Title Execution Case No. 10 of 1989 was delivered to the plaintiffs of Title Suit No. 42 of 1986 and as such in the absence of seeking consequential relief i.e. recovery of possession the suit was not maintainable. The appellate Court did not address itself to......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) 759. ..

Category: Property Law | Date: | Hits: 25

Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)

....ertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......r the 1st party deposited due earnest money and furnished performance bond in the form of bank guarantee. The contract contained conditions that the 1st party will execute the work within 4 months time as stipulated in the work order issued in favour of the 1st party for completion of the work, ......ble to pay those amounts to the 1st party. In fact the 1st party is entitled to get an award for Tk. 3, 66, 89,641.83 along With award of interest at the rate of Tk. 20% on the awarded amount till recovery. 7. The 2nd party also filed an application Lawyers under Section 30 of the Arbitra......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..

Category: Business or Commercial Law | Date: | Hits: 129

Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)

....gly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......t No.175 of 1978 by the learned Assistant Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertaining ......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ..

Category: Property Law | Date: | Hits: 29

Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)

....ounsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ......Appeal and went beyond the grounds of appeal and came to a wrong decision; that after rejec­tion of Appeal on 21.05.1995 petitioner filed petition before Administrative Tribunal within 6 month time application for certified copy was filed on 06.11.1995 and amendment of petition for addition ......o sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ......o sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ..

Category: Administrative Law | Date: | Hits: 89

Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)

....re with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......ce stated that on 30.12.1995 he went to perform his duty as night guard as substi­tute of his father at Tulshiram School and found some persons talking near the latrine of the school. At that time accused Apel told him to go out and about 15/20 minutes after two more persons came and all of......nd as such there is no cogent reason to inter­fere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......nd as such there is no cogent reason to inter­fere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ..

Category: Criminal Law | Date: | Hits: 47

Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)

....l Petition and Criminal   Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......arrat­ed by P.W.1, the informant, that con­demned-prisoner Bokkor was the husband of Rangila, the victim. About one year prior to the occurrence Rangila was given marriage to Bokkor. At the time of mar­riage, the accused was given a dowry of Tk. 10,000/-. After the marriage, he demand......of the High Court Division. Accordingly, both the Jail Petition and Criminal   Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......of the High Court Division. Accordingly, both the Jail Petition and Criminal   Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ..

Category: Criminal Law | Date: | Hits: 32

Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)

.... this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 695. ......ought before the Court in justification of listing the property in the list of abandoned property and further it was noticed by the High Court Division that the competent authority at one point of time recommended to the Ministry of Works for releasing the property from the list Of abandoned pro...... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 695. ...... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 695. ..

Category: Property Law | Date: | Hits: 24

Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)

....rmity 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: V ADC (2008) 690. ......any illegal­ity 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: V ADC (2008) 690. ......iolation Case No. 34 of 1994 in which 4 (four) witnesses have been exam­ined and order is awaiting therein and the plaintiffs prayer for amendment of the plaint incorporating therein the prayers for recovery of possession and also for mandatory injunction were allowed by orders dated 31.3.1996. The......any illegal­ity 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: V ADC (2008) 690. ..

Category: Property Law | Date: | Hits: 32

Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)

.... so as to call for any inter­ference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 687. ......fendant No.1 fraudulently showed exe­cution of the above sale deed under chal­lenge; the defendant No.1 never claimed the suit land but during the last settlement operation he for the first time produced the sale deed under challenge to claim title to the suit land on recording Ka schedu......nfirmity 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: V ADC (2008) 687. ......nfirmity 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: V ADC (2008) 687. ..

Category: Property Law | Date: | Hits: 25

Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary Vs. Bangladesh, 2007, 36 CLC (AD)

.... Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 678. ......laimed by the writ petitioner. The High Court Division also perused the enquiry report filed by the respondent No.2 wherein the writ petitioner admitted that he did not pass Alim examination at the time of his appointment but he did so after his appointment. The High Court Division accordingly o......nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 678. ......nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 678. ..

Category: Civil Law | Date: | Hits: 87

Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)

....ion so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ...... 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: V ADC (2008) 673. ......dant No. 1 was in possession of the suit land and was also able to establish complete ouster of the plaintiffs from the suit land and hence the suit for partition, without declaration of title and recovery of khas possession, was barred by Section 42 of the Specific Relief Act. 5. As it ...... 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: V ADC (2008) 673. ..

Category: Property Law | Date: | Hits: 20

Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)

....ere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 670. ......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 670. ...... remain valid and the executant may seek relief for realization of the ewaj, as in the case of sale deed for non-payment of entire or part of consideration money, the executant may seek relief for recovery of money. A heba-bil-ewaj deed as distin­guished from a simple heba (gift) is as good ......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 670. ..

Category: Property Law | Date: | Hits: 26

Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)

....sion so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 667. ......t to one Moniruzzaman the respondent Nos. 1 and 2 filed Title Suit No.247 of 1987 and then, from the contents of the written statement filed by the defendants of the above suit, they for the first time, came to know about the above vested property cases. The defendant No.6, the vested property a...... Upazilla Nirbahi Officer, Chandpur, in respect of the land described in 'Ka' schedule of the plaint are collusive, illegal, without jurisdiction and not binding upon them and they also prayed for recovery of possession of Kha schedule land on the averments that the suit land belonged to Raj Kum......y 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: V ADC (2008) 667. ..

Category: Procedural Law | Date: | Hits: 68

Mosammat Namiran Nessa Vs. Aftaruddin & oth­ers, 2007, 36 CLC (AD)

....the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......possession in the suit land, the defendant came to the suit land of S.A. Khatian No.305 on 15.03.1989 and tried to cut and take away some trees. They were obstructed by the plaintiffs and at that time they disclosed about the deed of Wasiyatnama in question and claimed title to 3.44 acres of la......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ..

Category: Property Law | Date: | Hits: 23

Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)

....o interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ......he respondent No.1 should not be declared is an act of without lawful authority and is of no legal effect. 3. The petition was filed seeking restoration of gas connection stating that at the time of issuance of Rule on August 20, 2006 an order of injunction was passed restraining the respo......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ..

Category: Others | Date: | Hits: 92

Mst. Renu Khatun and another Vs. Md. Enayet Hossain Mondal and others, 2006, 35 CLC (AD)

....shy;ference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 651. ...... hereinbefore the said Miscellaneous Case i. e. Miscellaneous Case No.11 of 1999 was filed for setting aside the ex-parte order granting pre-emption. The revisional application so filed was out of time by 763 days. The petitioner prayed for condonation of delay of the said period of limitation b......ment of the High Court Division calling for inter­ference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 651. ......ment of the High Court Division calling for inter­ference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 651. ..

Category: Civil Law | Date: | Hits: 89

Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)

....e with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 649. ......nbsp;  6. It is not disputed that the pre-emptor is a co-sharer in the disputed holding and the pre-emptee is a stranger. The miscella­neous case appears to have, been filed within time. 7. The only point for consideration is whether the document Ext.1 sought to be pre-emp......rrect 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) 649. ......rrect 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) 649. ..

Category: Property Law | Date: | Hits: 26

Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)

.... Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......the Rules relating to promotion, that plaintiff was appointed as Lower Division Assistant Cum Typist and the next higher post thereof is Upper Division Assistant, that the Chairman of the relevant time used to perform the functions of the Zilla Parishad whimsically and for that he was removed, t......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ..

Category: Civil Law | Date: | Hits: 107