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Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....measuring 0.04 acres from Plot No. 50 in old Khatian No.723, 0.03 acres from Plot No. 49 in Khatian No. 722, 0.02 acres from Plot No.32 in Khatian No.543 and .03 acres from No. 48 in Khatian No.763 total measuring 0.12 acres originally belonged to Uttam Sardar, Uday Sarder, Khirod Baisnab and Bas...... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ...... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ..

Category: Property Law | Date: | Hits: 25

Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)

.... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ......d therein as regard the misappropriation of the government fund is vague and does not contain sufficient information in the allegation to bring the same under the purview of the Act and that, in the absence of an FIR an officer of the Police Station cannot direct a person to appear before it and, a...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ..

Category: Anti-Corruption Laws | Date: | Hits: 113

Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)

....he Kayam Kaesha, as recorded in 41/2, share belonged to Kajem Howlader and 4 annas belonged to Sadan Howlader and Kayem Karsha was recorded in Khewat No. 41/2 belonged to Samajuddin Howlader out of total quantity of 14.57 acres of land recorded in Khewat No.41/1,3.51 acres was khas land and out o......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ..

Category: Property Law | Date: | Hits: 102

ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)

.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......y the Anti-Corruption Commission in violation of section 26(1) of the Ant-Corruption Commission Act, 2004 and Rule 17(1) of the Anti-Corruption Rules, 2007 rendering the impugned order without lawful jurisdiction. The learned Counsel further submitted that Form 5 of the schedule to the said Rules is..

Category: Anti-Corruption Laws | Date: | Hits: 144

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

.... But the Court below without considering this plea of waiver held the defendant to be defaulter by one day for, the month of May, 1988 on 16th June, 1988. This finding of the court below suffers from total non-consideration of the series of rent receipts and evidence on record showing the mode of pa......for several months by the landlady does constitute waiver and acquiescence varying the terms of written agreement exempting the tenant from the liability of payment of rent as per agreement or in the absence of a written agreement within the time specified in the statute, whether the High Court Divi.......25/-per day from 1st of June, 1989 till vacating of the premises in suit. 5. As against the judgment and decree of the Small Cause Court the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division upon setting aside the judgment and decr..

Category: Tenancy Law | Date: | Hits: 169

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......r the submission that on 06.03.1997 O.C. Suit No. 109 of 1995 filed by the Government-appellants has been decreed ex-parte and under section 9 of the Code of Civil Procedure the Civil Courts have jurisdiction to try all suits of civil nature excepting suits the cognizance of which is either exp..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

....learned Counsel for respondent Nos.1-3 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that by gazette notification dated 20.02.1950 the total area of C. S. Plot No.533 (suit plot) i.e. 2.30 acres of Mouza-Tejkunipara, P.S.Tejgaon, Dist......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......er declaration that the Memo No.560 dated 09.06.1984 issued by the defendant No. 6 (Sub Divisional Engineer, P.W.D., Sub-Division No. 1 Tejgaon Industrial Area, Dhaka) is illegal, unlawful, without jurisdiction and not binding upon the plaintiff. 3. The defendants entered appearance in the..

Category: Property Law | Date: | Hits: 25

Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)

....d as Miscellaneous Case No.41 of 1976 respectively against the common pre-emptee, Md. Nurul Haque Howlader for pre-emption of the case lands (18½+.13+ 21¼  decimals) measuring in total .53 decimals of land sold under three registered kabalas under section 96 of the E.B.S.A. and......orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ..

Category: Property Law | Date: | Hits: 25

M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)

....fficial gazette on 31.08.2000 as contemplated under Section 93A(4)(h) of the Town Improvement Act, 1953 and final award was made on 09.10.2000 by the Deputy Commissioner after about 35 years for a total amount of TK.10,10,257.49 paisa per acre. Thereafter, three separate notices (Ext.46) under S......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ..

Category: Property Law | Date: | Hits: 37

A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)

....of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ......ative words which imported that the act should be done in a particular manner or time, and not otherwise. The use of such words is often very conclusive of an intent to impose a limitation; but their absence is by no means equally conclusive that the statute was not destined to be mandatory. Lord Ma......iod of 45 days and extended period of 15 days i.e. 60 days from the date of cognizance for completion of the trials the trial court i.e. respective Special Judge has become functus officio and had no jurisdiction to continue with the trial and the High Court Division after hearing the parties held:-..

Category: Civil Law | Date: | Hits: 125

Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)

....ter alia, that the plaintiff has got no cause of action to file the suit. The same is hit by section 42 of the S.R. Act. They also alleged that the suit is bad for defect of parties. Their case is total denial and inter alia case was that the defendant No. 17 Abdul Ghani got his right, title and......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......eed the suit. On appeal being Title Appeal No. 269 of 1999 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 Mr. M..

Category: Property Law | Date: | Hits: 26

Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

....that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......n and accordingly dismissed the suit. On appeal in Title Appeal No.689 of 1999 the appellate Court dismissed the appeal. Being aggrieved, the plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing the Rule made absolute. 5. We have h..

Category: Property Law | Date: | Hits: 41

People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)

....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......2005 without entering into the merit of the revisional application rejected the same holding that since the valuation of the suit is above Tk.5,00,000/- the District Judge does not have the pecuniary jurisdiction to entertain the revisional application under section 115(2) of the Code of Civil Proce..

Category: Limitation Law | Date: | Hits: 171

Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)

....he commission fixed the frequency fees, charges etc., as per its   guideline. The Commission was given full power to fix the charge, fees, levy etc. The JTV paid Tk. 1,01,300/- against the total demand of Tk. 54,01,01,300/- just to suit its own convenience. The further case is that JTV ...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ..

Category: Information Technology Law | Date: | Hits: 321

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......cle 142 of the Limitation Act and as such the lower courts below committed no illegal­ity in applying the said Article in deciding the suit; (4) For that the High Court Division ex­ceeded its jurisdiction by reversing the concurrent findings of facts being arrived at by the courts below whe..

Category: Tenancy Law | Date: | Hits: 141

Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....he property, the petitioner having 0.79 acres of land in plot No. 840 and 0.7 ½ decimals of land in plot No. 838 0.25 ½ decimals of land in plot No. 839. Thus, the petitioner owns in total 0.53 decimals of land comprising of the aforesaid plots. As the brother of the petitioner, a ......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismis­sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ...... enemy subject nor he was a citizen of any country with which the erstwhile Pakistan was at war and, as such, treating his property as enemy property or ves­ted property is illegal and without jurisdiction. 3. Upon the said application to the Depu­ty Commissioner (Rev.) Sylhet Mis..

Category: Property Law | Date: | Hits: 54

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

....ity must be secured by personal guarantee of res­pondent No. 1 AB Siddiq and on the basis there of respondent Nos. 1 and 2 opened LG dated 21-7-1988 and 23-7-1988 for US$ 78,000 and US$ 14,950 totaling US$ 92,950 for importing the said fax machines. To secure the entire faci­lities respo...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ...... having not been disputed/denied by res­pondent No. 1, the findings of the majority Judges of the High Court Division that the letter Annexure-K is manufactured or the Bank has not come in writ jurisdiction with clean hands are erroneous. 13. Heard the learned Counsel and per­used..

Category: Business or Commercial Law | Date: | Hits: 122

Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)

.... never paid any rent and thereby the allotment was not acted upon and, as such, its inclusion in the 'Ka' list on 23-9-1986 in the Bangladesh Gazette was violative of the provisions of law and on a total misreading of the evidence on record of the High Court Divi­sion discharged the Rule whi......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......competent Civil Court un­challenged before any higher forum, subse­quent inclusion of the property in question in the 'Ka' list of the abandoned properties is illegal, arbitrary and without jurisdiction but the High Court Division on an erroneous view of Article 14(1) of the PO 16 of 1972..

Category: Property Law | Date: | Hits: 23

Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)

....sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ......sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ......on record decreed the suit. On ap­peal in Title Appeal No.307 of 1995 the appel­late Court dismissed the appeal. Being aggrieved, the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was discharged. 5. We have heard Mr...

Category: Civil Law | Date: | Hits: 83

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......en where the application was made under Order XXXIX, rules 1 and 2 and this can be done for ends of justice and the High Court Division should not interfere against such order under its revisional jurisdiction. The Additional District Judge also noticed the proposition of law as available under ..

Category: Property Law | Date: | Hits: 25