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Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no 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) 392. ......sider the evidence on record but affirmed the findings of the trial Court in holding that the trial Court considered properly the evidence and other materials on record although there is error of law by the trial Court in not considering the Exhibit-'Ga’ and misreading of evidence of D.W.2 and..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......us application. In his written objection respondent No.1 stated that he is in possession of the case land; the petitioner had knowledge of the transfer since the vendor is his full brother-in-law who offered to sell the disputed land to the petitioner and his brother. But they expresse..Category: Property Law | Date: | Hits: 20
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....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. ......t it was not proved that there was offer and acceptance and delivery of possession, that the finding of the High Court Division that the deed of gift is forged and fraudulent is not sustainable in law. 9. The submissions so made merit no consideration since the High Court Division as well..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a 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) 92. ......it is hit by the principle of res judicata. 6. We are of the view that the High Court Division, on proper consideration of the materials on record and applying the correct principle of law as applicable in the present suit, arrived at a correct decision and there is no cogent reason ..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....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. ......y RAJUK for a long time but directed payment of 10 times of the fees for the sanction. 12. The High Court Division appears to have considered the facts and circumstances and the provision of law elaborately and thus have given the direction. 13. We have perused the judgment and ord..Category: Property Law | Date: | Hits: 27
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....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. ......cellaneous case asserting that summons were duly served upon the defendants and the notices were also sent upon the defendants by registered post which being refused by the defendants, according to law, were deemed to have been served upon the defendants. The learned Subordinate Judge (now Joint ..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......oresaid contention of the plaintiff-petitioner it was contended on behalf of the defendant-opposite party that because of the provision of Order XXI, rule 98 of the Code of Civil Procedure and the law enunciated in 39 DLR 339 and 32 DLR 75 in the suit for specific performance of contract filed b..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... 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. ......e Rule. 7. Hence is this petition. 8. Mr. AJ Mohammad Ali, learned Counsel appearing on behalf of the defendant-petitioners, submits, inter alia, that the High Court Division committed error of law failing to consider that the predecessor of the defendant-petitioners filed Partition Suit No. 3..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....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. ......il Revision No. 14 of 1992 and also obtained an order of stay for 3 months which was subsequently extended till disposal of the Rule; the petitioner being of the impression that their sole engaged lawyer Mr. Jitendra Narayan Deb was looking after the above civil revision and was taking all neces..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....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. ...... redeemable on and from 27-12-1928 but the suit was filed on September 27, 1989, Chat the Court of appeal below on misreading the evidence and misconstruing the document as well as the provision of law allowed the appeal upon setting aside the judgment and decree of the trial Court. 9. As ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... 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. ......ing possession of Abu Sufian "may be treated as intruder", which is inconsistent to the evidence on record and thus the High Court Division ought to have held that the Courts below committed error of law in not holding that the suit of the plaintiffs was barred under section 42 of the Specific Relie..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
.... 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. ......, learned Advocate, appearing for the petitioner submitted that the impugned order as to payment of day to day casts to the witnesses is illegal, unreasonable and untenable in the eye of law inasmuch as the impugned direction for payment of cost does not come under the purview of Secti..Category: Criminal Law | Date: | Hits: 31
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... employment in any contract, rule, regulation, bye-law or other instrument, retire from employment on the completion of his 60th year; the provisions of the above Ordinance, 86 and the amending Act 1994 are applicable to the establishments shown in the schedule of Ordinance 1986 wher......n Ordinance 1986 providing; that worker of an enterprise shall, notwithstanding anything contained in the terms and conditions of his employment in any contract, rule, regulation, bye-law or other instrument, retire from employment on the completion of his 60th year; the provisions ..Category: Employment/Service Law | Date: | Hits: 90
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
.... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ......24, 2001 of the Court of Assistant Judge, Faridganj, Chandpur. The learned Assistant Judge by the aforesaid judgment decreed the suit i.e. allowed the prayer for pre-emption sought under the Muslim law. The appellate Court upon allowing the appeal sent back the suit to the trial Court for enabli..Category: Property Law | Date: | Hits: 25
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ...... earlier then the deed dated 04.04.1995; the respondent No.1 subsequently sold the case land on 4.4.95 collusively to defeat the right of the petitioner and further the High Court Division erred in law in holding that in view of the provision of clause (a) of sub-section 11 of section 24 of ..Category: Property Law | Date: | Hits: 30
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....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. ...... The defendant No.2, Deputy Commissioner, contested the suit by filing a written statement contending that the (suit was not maintainable and the bazaar in question was established in violation of law and the same was therefore liable to be removed and demolished inasmuch as no hut and bazaar ar..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
.... 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. ...... High Court Division but the High Court Division dismissed the revisional application summarily. 4. The learned counsel for the petitioner submits that the High Court Division erred in law in summarily rejecting the revisional application without discussing and considering ..Category: Property Law | Date: | Hits: 19
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....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. ......ears the settlement in favour of the plaintiff will automatically be converted into a permanent 'maliki' settlement but the Single Judge of the High Court Division due to its misconception in law in interpreting deeds has failed to interpret the kabuliyat in a proper way and has decided the..Category: Property Law | Date: | Hits: 25
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......on the view that the subject matter of the suit being a pond and as such being non-agricultural land pre-emption sought under section 96 of the State Acquisition and Tenancy Act was not tenable in law and that the pre-emptor was required to seek pre-emption under section 24 of the Non-agricultur..Category: Property Law | Date: | Hits: 23
Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....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 . ...... Suit No. 186 of 2005 and the said suit is pending. The petitioners keeping the said suit pending has moved the High Court Division under Article 102(2) of the Constitution of Bangladesh. The law is now settled that a litigant is not permitted to move the High Court Division under writ juri..Category: Property Law | Date: | Hits: 29
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