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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. ......n of the remaining area of those mouzas; that during the C.S. operation boundary of a mouza has been demarcated considering the various factors and each of the mouzas had been numbered in the jurisdiction list as J.L. number and without the process of State Acquisition and Tenancy Act, ther..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....aintiff 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 plaintiffs' pre......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. ......allowed the appeal and set aside the judgment and decree of the trial court and sent the case on remand for fresh hearing. Being aggrieved the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule and the High Court Division upon hearing made the Rule absolute...Category: Property Law | Date: | Hits: 34
Md. Delowar Hossain Vs. Md. Nurul Hoque and others, 2007, 36 CLC (AD)
....submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......cerned. Thereafter, while the petitioner has been peacefully functioning as Nikah Registrar in the said union the respondent No.2 passed the order dated 09-05-2004 curtailing the petitioner's jurisdiction in the only union i.e. No. 6 Payari Union without giving any show cause notice to the ..Category: Civil Law | Date: | Hits: 81
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....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. ......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. ......n his favour, the subsequent claim of the plaintiff on the basis of kabala dated 23.6.1986 has no basis at all because admittedly the suit land is situated within the territorial jurisdiction of Derai Sub-registry Office but the plaintiffs kabala dated 23.06.86 allegedly execut..Category: Property Law | Date: | Hits: 22
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....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. ......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. ......e plaintiff. On appeal being Title Appeal No. 115 of 2000 the appellate Court allowed the appeal and dismissed the suit. Being aggrieved, the plaintiffs moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was made absolute. 5. We have heard Abdul..Category: Property Law | Date: | Hits: 20
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. ......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. ...... leave petitions. 8. The learned Counsel for the petitioners submits that the finding of fact arrived at by the appellate court being the final court of facts, the High Court Division had no jurisdiction to disturb the final finding of facts without reversing the finding of the appellate ..Category: Property Law | Date: | Hits: 25
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....and by inheritance. 7. It also appears from the record that plaintiff produced the kabala deeds, exhibited as exhibit-2 to 2(c) and from these deeds it appears that plaintiffs purchased total 1.01 decimals of land. Against this purchase of the plaintiffs defendants made out a case tha......ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ..Category: Property Law | Date: | Hits: 21
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
....f 1961 and 244 of 1966 as also exhibit-7, showing that the mutation Case No. 100 of 1970-71 is a fictitious case number and no such case was in existence since in the relevant year only 78 cases in total were filed; that the judgment and order of the appellate Court below, without adverting to th...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......nd possession in the suit land. 4. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to exercise the jurisdiction vested in him by Section 115(1) of the Code of Civil Procedure and in not interfering ..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....0 (sixty two lac three thousand three hundred eighty seven and paisa ninety) and in three different heads Tk. 6,00,000.00 (six lac) and, as such, the petitioner respondent is entitled to total Tk. 68,03,387. 90 (sixty eight lac three thousand three hundred eighty seven and paisa n......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......astly, he contended that the sale of agricultural land was prohibited under section 19 of the Pakistan (Administration of Evacuee Property) Act, 1957, and, therefore, the Custodian authorities had no jurisdiction to confirm the sale transaction under section 20 of the Pakistan (Administration of Eva..Category: Property Law | Date: | Hits: 28
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......twalli is removed and he is aggrieved he can prefer appeal under Sub-Section (3) of Section 32 of the Ordinance. The petitioner not having taken any recourse of such provision instead invoked writ jurisdiction under Article 102 of the Constitution which is not in accordance with law and as the p..Category: Trust/Waqf Law | Date: | Hits: 173
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....he contesting defendants towards costs incurred for advertisement for auction of the vessel, inventory costs for the vessel and other necessary expenses. After deduction of those amounts, in total Tk. 5,40,605/- the rest of the sale proceeds, amount to Tk. 3,94,59,305/- is now in the......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......e of Chairman, Port Authority and another Vs. Ministry of Defence and others reported in 49 DLR (AD) 152 a question was involved as to whether the earned Admiralty Judge acted beyond his jurisdiction for allowing the said vessel M.V. Fong Yung to leave the territorial waters of Banglad..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....on the respondent-opposite party No. 1 in this regard fixing the next dated as on 09-08-2007 for order. The opposite party also contends that the police report dated 08-07-2007 was uncalled for and totally false. 13. The respondent-opposite party No.1 further stated that although the ......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......iminal revision as required under Section 439A of the Code of Criminal Procedure and as such the learned Sessions Judge in passing the order dated 19th July, 2007 acted unlawfully and without jurisdiction and the same order should be declared as illegal and void to secure ends of justice. I..Category: Criminal Law | Date: | Hits: 32
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....f the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 8. The defence case as could be gathered from trend of cross-examination is total denial and their inter alia case is that no occurrence took place on the date, time, place an......the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ..Category: Criminal Law | Date: | Hits: 38
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
....a) to 2(c) having not been substituted by the petitioners of the civil revision the judgment and decree passed in the civil revision is a nullity. 5. It appears from the record that the total land comprised an area of 7.57 acres in C.S. Khatian No.71, S.A. Khatian No.114 of mouza Khal...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ..Category: Property Law | Date: | Hits: 22
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....stered deed dated 29.12.1953 purchased .23½ decimals from plot No.1609, .09 ½ decimals out of 19 decimals from plot No.1611, .12 decimals out of .24 decimals from plot No.1624 and in total .45 decimals and by registered deed dated 25.11.1954 purchased .11¾ out of .29 decimal....... Against the judgment and decree dated 10.09.2000 passed by the learned Subordinate Judge, the respondent being the petitioners filed Civil Revision No.1360 of 2001 and the High Court Division in absence of the learned Advocate for the defendant opposite parties and after hearing petitione......ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....taks of land in Block-NH(K),Road No.55, Gulshan Model Town (hereinafter referred as the land) in favour of Dhaka Water Supply and Sewerage Authority (WASA) for Sewerage Pumping Station, fixing the total price at Tk. 28,844.00; in the said memo RAJUK asked the respondent No.1 to deposit the said ......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......ession of the land within the time and thus the respondent No.1 acquired a vested right to the allotted land and as such the impugned memo canceling the allotment is illegal, arbitrary and without jurisdiction. 3. The appellant as respondent in the writ petition, filed an affidavit-in-opposition..Category: Property Law | Date: | Hits: 28
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
.... case within time from the date o his knowledge. The said case, on transfer to Gazipur, was renumbered as Miscellaneous Case No. 14 of 1988. The appellant filed written objection in the above case totally denying the statements made by the respondent No.1 in the above miscellaneous case. The lea......5 years after the date of his knowledge of the original suit and the High Court Division erroneously ignored this factum of knowledge of the respondent No.1 of the original suit and relying on the absence of proof of service of summons of the original suit upon the appellant and other irrelevant...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ..Category: Civil Law | Date: | Hits: 71
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ...... view the purpose for which such land is likely to be used. The homestead and the adjuncts thereto of an agricultural raiyat in the rural area can hardly be considered non-agricultural land in the absence of establishing that the said land was taken settlement for non-agricultural purpose. The h......issed the Miscellaneous case and set aside the judgment and order of the trial Court. The pre-emptor alone as against the judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division discharged the Rule on the finding tha..Category: Property Law | Date: | Hits: 30
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....he property is an abandoned property and has vested in the Government, or in other words establishing the fact that the property is not an abandoned property and has not vested in the Government is totally on the person who challenges the presumption or in other words claiming the property and i......the relevant time and her whereabouts were known, that the alleged oral gift has not been established by examining the persons in whose presence the said gift claimed to have been made, that in the absence of evidence it is difficult to accept that Sahera Khatun was present in&......y and as such the listing of the property was not legal, that the finding of the Court of Settlement as regard the oral gift was contrary to law and that the Court of Settlement upon exceeding its jurisdiction rejected the oral gift made by the original owner of the property to her daughter, Anw..Category: Property Law | Date: | Hits: 29
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