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Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... 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. ......ment amongst themselves claimed the suit land within the limit of their title and possession in the suit land and so the plaintiff Nos.3 and 4 have locus standi to file the suit; that according to law if any portion of the auction sale land in rent execution case remains in the possession o..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......igh Court Division the pre-emptee petitioner preferred the petition for leave to appeal. 9. The learned Advocate for the pre-emptee-petitioner submits that the court below committed error of law in not considering that the doctrine of propinquity of blood is the guiding principle for..Category: Property Law | Date: | Hits: 28
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....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. ......the deed dated 12.01.1968 in respect 0.33 acres of land is fabricated. The case of the defendant Nos.16-18 is that the heirs of Badia Sheikh got their respective shares in the land according to the law of inheritance. After the death of Rahimun Nessa the defendant Nos.1-4 became the owners of Ra..Category: Property Law | Date: | Hits: 28
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....vIqv †M‡Q|Ó 3. It was submitted that the petitioner as a law abiding citizen of the Country is very much interested to see the judiciary as well as other organs obey the provisions of the constitution and can not be subjected to criticism directly or indirectly from a......sjv‡`‡ki (†RGgwe) Nwbó †hvMv‡hvM Av‡Q e‡j Awf‡hvM cvIqv †M‡Q|Ó 3. It was submitted that the petitioner as a law abiding citizen of the Country is very much interested to see the judiciary as well as other or..Category: Criminal Law | Date: | Hits: 43
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....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. ......edy and corrupt officials serving under the writ petitioner constructed several slums on the plot and let out those to different unscrupulous and unruly persons having no civic sense or respect for law and very often including in quarrel and violence and thereby they are causing damage to the pe..Category: Property Law | Date: | Hits: 28
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
..... It further appears that the appellant though sufficiently established about the service of summons of the execution case upon the respondent No.1,the High Court Division, without considering the provision of Article 164 of the Limitation Act allowed Miscellaneous Appeal No.613 of 1991 setting ...... 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. ...... of the petitioner (pre-emptor), a Mason, having no cultivation and the case land as not used for the purpose connected with the agriculture or horticulture the High Court Division was in error in law in holding that the pre-emption under section 24 of the Non-Agriculture Tenancy Act is not main..Category: Property Law | Date: | Hits: 30
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......missed the Miscellaneous Case, in default, of payment of C.P. cost. 10. We do not find that either the learned District Judge or the High Court Division committed any illegality or error of law in rejecting the prayer of the petitioner. We find no substance in this petition and acc..Category: Civil Law | Date: | Hits: 85
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....ed by Sahera Khatun in confirmation of the oral gift in favour of Anwari Khatun, that burden of establishing the fact that the property so listed and the list so published in the gazette under the provision of the Ordinance No.54 of 1985 is valid, that the Respondents are required to prove that ......t Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the "khas list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Governme..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....r words, second show cause notice in implicant in Rule 27(3)". 7. As stated hereinbefore the learned counsel for the petitioners submitted that the High Court Division misconstrued the provisions of Rule 27of the Bangladesh Freedom Fighters Welfare Trust (Head Office) Service R......fficer in the present case is breach of Rule 27(2) and is therefore illegal. Consequently, the inquiry proceeding leading to the submission of the inquiry report in this case is not sustainable in law and is without jurisdiction. This apart, the petitioner was not served with the second show cau..Category: Employment/Service Law | Date: | Hits: 408
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
....ntal appeal against the order of dismissal and that as the appellate authority delayed disposal of the appeal he filed the case before the Administrative Tribunal in the light of the amended provision of section 4 of the Administrative Tribunal Act, 1980. 4. The case was contested b......pegoat due to the latches of the Bank authority in taking decision of the departmental appeal/review. Thus I hold that the impugned order of dismissal of the petitioner in service is not tenable in law" and thereupon set aside the order of dismissal on the finding that the said order of dis..Category: Administrative Law | Date: | Hits: 96
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
.... to the prayer of the petitioner and thus the very hurried actions of the respondents suffer from lack of reasonableness and fairness. The impugned proceeding is therefore a clear violation of the provision of Section 12 of Local Government (Union Parishad) Ordinance, 1983 as well as Rule 7 of t......the averments made in the writ petition contending, inter alia, that after being elected as Chairman, petitioner worked against the interest of the general public; that he became involved in many unlawful activities of which he incurred displeasure of the public of the concerned Union Parishad as..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ary decree regarding re-calculation of interest and adjustment of the payment made by the petitioner during pendency of the Mortgage suit obtained the final decree dated 23.10.1994 contrary to the provisions provided in the preliminary decree dated 29.11.1992. 5. After obtaining the above ......how cause as to why the impugned order dated 21.01.1996 (Annexed as Annexure-A to the Writ Petition No.2727 of 2000) passed by the respondent No.1 shall not be declared to have been passed without lawful authority and is of no legal effect and or such other or further order or orders passed as t..Category: Property Law | Date: | Hits: 37
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......Registry Office. Accordingly both the trial court and the court of appeal left the certified copies of the kabuliyats out of consideration, as those were not admitted in evidence in accordance with law. However, from the judgment of the trial court it appears that the trial court perused those k..Category: Property Law | Date: | Hits: 28
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......is expressly prohibited by Article 35 of the Constitution. 9. Leave was also granted to consider if the modification of sentence of seven years to fine by the High Court Division is sustainable in law in all Appeal Nos. 4-10 of 2001. 10. Leave was also granted in Civil Appeal No.596 of 2001 to..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... 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: 14 MLR (AD) (2009) 111. ......s have been in possession of the suit land since long and they started construction of a 5 storied building on the suit land and have invested huge amount of money and it is a settled principle of law that the possession of the suit land is vital in respect of granting status quo; the defendant ..Category: Property Law | Date: | Hits: 27
Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ......is duty but he did not follow his commitment rather he always tried to violate the academic atmosphere of the Madrasha and showed insubordination. Thereafter following the procedure as laid down by law and Rules, he was asked to show cause and he admitting the allegations made against him and al..Category: Employment/Service Law | Date: | Hits: 77
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......e High Court Division failed to discuss the evidence of leave petitioners under its true perspective and as such the judgment and order passed by the High Court Division is not sustainable in law. 7. We have heard the learned Advocate-on-Record for the petitioners and perused the mat..Category: Civil Law | Date: | Hits: 92
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ......e declared to be ultra vires the Constitution and the proceedings of Artha Rin Suit No.315 of 2004 now pending before the Artha Rin Adalat, 2nd Court, Dhaka shall not be declared to be without lawful authority and was of no legal effect and/or such other or further order or orders passed as ..Category: Civil Law | Date: | Hits: 80
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......annot be said unused land. The plaintiffs claimed that they are entitled to get back the unused land by refusing the compensation money they had received together with development cost as per law. The land claimed by the plaintiffs bearing plot Nos. 15-20 is shown in a draft sketch map is a..Category: Property Law | Date: | Hits: 26
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