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Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)

....o merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......jan and said Bachha Mia had 2 sons and 4 daughters by his wife Asaba, one daughter by his wife Chunni and another daughter by his wife Parijan, that Bachha Mia's all three wives died during his lifetime, that Munshi, son of Bachha Mia by his wife Asaba died leaving son Anwarul Azim and 2 daughter......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..

Category: Property Law | Date: | Hits: 37

RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)

....tition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ...... 4. After hearing the parties, the High Court Division by the impugned judgment and order made the Rule absolute directing the writ respondents to sanction and/or approve the plan on receiving 10 times fee of the amount prescribed. 5. Hence is this petition. 6. In support of the pe......We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ......We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ..

Category: Property Law | Date: | Hits: 27

Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)

....decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......ending of summons through registered post has got strong legal presumption of service under section 27 of the General Clauses Act; it is an admitted fact that the husband of the defendant No.1 some time in the year 1985 took shelter in the residence of his brother Md. Rafiq Khan whose residence ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ..

Category: Property Law | Date: | Hits: 33

Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)

.... no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ...... facts, in short, are that Md. Yusuf, predecessor of the plaintiff-respondents, instituted Title Suit No. 69 of 1996 in the Court of Senior Assistant Judge, 3rd Court, Dhaka for declaration of title, recovery of khas posse­ssion and demarcation of the suit property stating, inter alia, that one Tus...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..

Category: Property Law | Date: | Hits: 28

Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)

....nd there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......knowledge of the default clause failed to deposit the costs; thereafter, on coming to know about the order dated 19-10-1991 in mid Kartik, the petitioners filed an application praying for 3 weeks' time for depositing the cost but without any hearing by order dated 26-10-1991 the above applicatio......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..

Category: Trust/Waqf Law | Date: | Hits: 199

Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)

....s barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......Sufi Mia had not exchanged any land from plot No. 4346 with Shaista Mia on June 11,1989 and that if any deed of exchange is produced the same is forged, false and fabricated, since at the relevant time Sufi Mia was not in the country and that his address shown in the exchange deed is not correct......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..

Category: Property Law | Date: | Hits: 48

Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)

.... in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......essor of the land in suit, yet in collusion with the survey officials, managed to get his name recorded in the SA khatian in respect of half of the land taken settlement by Firoz Bhuiyan, that at the time of preparation of the RS record defendant Nos. 1-9's predecessor also got the record of right p...... the discussions made here­inabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ...... the discussions made here­inabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..

Category: Property Law | Date: | Hits: 33

Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)

....or the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 355. ......he impugned direction for payment of cost does not come under the purview of Section 526 of the Code of criminal Procedure inasmuch as the High Court Division while issuing Rule or at any point of time thereafter did not direct the accused petitioners to execute any bond with or without sureties...... in the sub­missions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 355. ...... in the sub­missions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 355. ..

Category: Criminal Law | Date: | Hits: 31

Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)

.... error or infirmity calling for interfer­ence by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......ce the same does not suffer from error or infirmity calling for interfer­ence by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......ourt of Assistant Judge and S.C.C. Judge, Bogra in S.C.C. Suit No. 07 of 2002 decreeing the suit. 3. The suit was filed seeking ejectment of the monthly tenant i.e. the petitioner here­in and for recovery of rent due till dispos­al of the suit. 4. The ejectment of the tenant was sought on th......ce the same does not suffer from error or infirmity calling for interfer­ence by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ..

Category: Tenancy Law | Date: | Hits: 165

Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)

....ivision so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ......to  live  in Brahmanbaria along with her husband and was not aware of the said transferes and in the first part of Chaitra 1400 B.S., she after coming to her paternal house for the first time found a dwelling hut on the case land and then on query came to know that the preemptee petiti......ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ......ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ..

Category: Property Law | Date: | Hits: 22

Chairman, Rajdhani Unnayan Kartripakhkha (RAJUK) Vs. Momtaz Hasan Chowdhury & others, 2006, 35 CLC (AD)

....at a correct decision. There is no cogent reason to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 335. ......predecessor, the plaintiff-respondents as his legal heirs instituted the above suit. The Dhaka Improvement Trust (now RAJUK) appeared in the suit and filed written statement but did not appear at the time of hearing and as a result the suit was decreed exparte by judgment and decree dated 27.08.1991......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 335. ......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 335. ..

Category: Limitation Law | Date: | Hits: 165

Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)

....w to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......possession of the Bazar and evicting the plaintiffs and other businessmen and demolishing the Bazar. 3. The case of the plaintiff-petitioners is that the suit Bazar was established some­time in 1990 in the land of a private per­son and the then Mayor of Khulna City Corporation ina......ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ..

Category: Property Law | Date: | Hits: 25

Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)

....he judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ......ow, on consideration of the evidence on record both oral and documentary, came to the definite finding that the suit pathway is used by the plaintiffs and the people of the nearby villages for long time and the courts below further found that the defen­dant No.5 petitioner failed to produce ...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ..

Category: Property Law | Date: | Hits: 19

Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)

....ed Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ...... of a registered kabuliat No.9101 dated 15.07.1976 under certain terms and conditions and the plaintiff has been possessing the same by cultivating the schedule-2 land and the plaintiff in the meantime has developed certain portion of low land after spending his own money and made it fit for cul......any substance in the sub­missions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......any substance in the sub­missions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..

Category: Property Law | Date: | Hits: 25

Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)

....marily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......ses men­tioned in the notice. The notice was issued under section 5(1) of the Ordinance No. 24 of 1970. 3. As it appears that in case of failing to vacate the premises in question by the time specified in the notice writ petition­ers would be evicted therefrom and the structures th......shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ..

Category: Property Law | Date: | Hits: 29

Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)

....titioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ...... 4th Court, Dhaka decreeing the suit. 2. The respondents as plaintiffs instituted the Title Suit No.9 of 1991 in the Court of Subordinate Judge, 4m Court, Dhaka, for cancellation of deed and recovery of khas possession. 3. The case in short is that in last settle­ment survey the...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ..

Category: Property Law | Date: | Hits: 24

Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)

....view petition. 9. Accordingly, the review petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007)1009. ....... It appears that in our judgment it was clearly held that the allegations made in the First Information Report were vague and indefinite and there is no allegation that on any particular date and time and manner the accused husband caused hurt to the informant of the case for dowry. It was furt...... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007)1009. ...... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007)1009. ..

Category: Criminal Law | Date: | Hits: 32

Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)

.... 26.  Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......nt herein i.e. the appellant in the afore mentioned appeal filed an application under Order 47 Rule 1 of the Code of Civil Procedure seeking review of the appellate judgment contending that at the time of hearing of the suit and the appeal the appellant i.e. the respon­dent herein could not ......ade hereinabove we find merit in the appeal. 26.  Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......ade hereinabove we find merit in the appeal. 26.  Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ..

Category: Property Law | Date: | Hits: 34

Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)

....relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. ......d with section 151 of the Civil Procedure Code alleging, inter alia, that they received no notice about the drawing of final decree and that they learned about the decree on 7.7.1975 for the first time and that they were not informed about the date of final objection against the report of the pl......ndolent respondent cannot claim any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. ......ndolent respondent cannot claim any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. ..

Category: Property Law | Date: | Hits: 23

State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)

....being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......ouse at village Alokdia, condemned-prisoner Md. Abdur Rahim alias Panta came and called away her son, the deceased (Mostafa Kamal alias Mithu) towards south on the plea of giving him sugarcane. Sometime, there­after, Mithu was found lying in the nearby sugarcane field. The face of the deceas......een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ..

Category: Criminal Law | Date: | Hits: 44