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Displaying 5421-5440 of 7097 results.
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......n in the background of the materials on record held that the summons of Title Suit No. 42 of 1986 was duly served on the plaintiffs of the instant suit and they contested the suit by engaging lawyer. 10. It may be mentioned that the trial Court dismissed the suit on the ground of mai..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....re the test report was obtained on 26.09.1994. The allegation that site plan was not supplied with work order does not stand. The 1st party tried to shift his failure upon the bank and there is no provision for price escalation. There was no worker of the contractor to work site sitting ideal an...... failed to appreciate that the proceeding of Arbitration Miscellaneous Case No. 39 of 1997 under Section 8 of the Arbitration Act, 1940 was illegal and without jurisdiction and thus erred in law in dismissing the appeal and not setting aside the award in question inasmuch as Section 8 of t..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ...... 30.4.36 was framed nor the plaintiff respondents took any step for local investigation to ascertain the identity of suit land and thereby the courts below and the High Court Division erred in law in deciding the title of the plaintiff in Plot No.2543 without at all ascertaining the identity..Category: Property Law | Date: | Hits: 29
Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)
....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......submitted charge-sheet dated 12.8.1997 under section 10(1) of Nari-O-Shisu Nirjaton (Bishes Bidhan) Ain, 1995 against accused flulal and Julekha who were respectively the husband and the mother-in-law of the deceased Hazera Khatoon. 3. At the commencement of the trial a charge under secti..Category: Criminal Law | Date: | Hits: 51
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....nfirmity 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: V ADC (2008) 687. ......sion No.3839.of 1993 and the High Court Division, after hearing, discharged the Rule. 3. The learned counsel for the petitioner submitted that the High Court Division committed error of law in not holding that Lehajuddin did not execute the sale deed, the defendant No.1 did not acqui..Category: Property Law | Date: | Hits: 25
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....on holding that no important question of law involved in the revisional application. 7. We have heard the learned Advocate-on-record and perused the materials on record. It is seen from the provision of section 115(4) of the Code of Civil Procedure that revision -can be preferred before t......ere not in error in passing the orders in respect whereof the defendant moved the Court of District Judge and the High Court Division. It was also contended that since no important question of law is involved in the revisional application filed under section 115(4) of the Code of Civil Proc..Category: Procedural Law | Date: | Hits: 58
Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary Vs. Bangladesh, 2007, 36 CLC (AD)
....nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 678. ......nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 678. ..Category: Civil Law | Date: | Hits: 87
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 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: V ADC (2008) 673. ......there is nothing on record to show that before purchasing some land, from the defendant No.1 in 1381 B.S. the plaintiffs ever paid rent; that Tukku Mia had been living at the house of his father-in-law till his death at the age of 60-65 years and after his death his son, plaintiff No.1, also liv..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......n of the plaintiff in the suit land is rather undisputed. 9. The learned Counsel argued that the heba-bil-ewaj deed dated 07.12.1982 having not fulfilled the basic requirements of the Muslim law, it was not a heba-bil-ewaj creating any right, title and interest in favour of the plaintiff a..Category: Property Law | Date: | Hits: 26
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......rther case is that Namiruddin had no issue and he adopted Namiran Nessa as his daughter. Namiran Nessa was given in marriage with the defendant No.23 and was taken as domesticated son-in—law. They used to reside at the dwelling house of Namiruddin who being satisfied, expressed his in..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ...... Ranjan and he became untraceable long back that Umesh Chandra Chakravarty had a daughter Labonya Probha, that said Labonya was married to Monoranjan and he was living in the house of his father-in-law. Umesh gifted his property to Monoranjan and Labonya. Monoranjan sold to the plaintiff 65 deci..Category: Property Law | Date: | Hits: 20
Government of Bangladesh and others Vs. Md. Amdadul Huq, 2007, 36 CLC (AD)
.... 2005, Dhaka arisen out of the A.T. Case No.39 of 2003, Bogra was filed with an application for condonation of delay of 6 months and 12 days and the Administrative Tribunal on consideration of the provision of Section 6(2) and Section 6(2A) of the Administrative Tribunal Act dismissed the appeal...... appearing for the petitioners submits that reasons for delay having being satisfactorily explained by filing an application for condonation of delay, the Administrative Appellate Tribunal erred in law in rejecting the application. The learned Deputy Attorney General further submits that the rea..Category: Administrative Law | Date: | Hits: 97
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
.... that pre-emption case was not all maintainable in view of the fact that deposit of money as against the kabala deed under pre-emption was not made to the credit of the pre-emptee as per mandatory provisions of Section 96(3)(a) of the State Acquisition and Tenancy Act. 5. It appears from ......ders the pre-emption case is liable to be dismissed. 4. Mr. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to discuss and consider the evidence of P.W. 1 who himself admitted the fact that ou..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....the Respondent No.1 primarily on the ground that post of Stenographer is a newly created post and that Respondent's appoint to the said post of Stenographer was not made upon due compliance of the provision of Local Government (Zilla Parishad) Officers and Employees Service Rules, 1990 (this ser......perform the functions of the Zilla Parishad whimsically and for that he was removed, that immediately before his removal the Chairman in hot haste promoted the plaintiff upon total disregard of the law and rules to the post of Stenographer, that the promotion so made was not acted upon,' that th..Category: Civil Law | Date: | Hits: 107
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....ellate Tribunal Act 1980 (Act No. VII of 1981) came into effect on 22nd July, 1991. "6A. Application of Article 103 of the Constitution.‑ It is hereby declared that the provisions of Article 103 of the Constitution shall apply in relation to the Administrative Appell......rt. The petitioners' contention is that the new provision for leave to appeal is procedural in nature and it is to be given retrospective effect. It is submitted by some other Counsels that the new law is of declaratory nature and it should be given retrospective effect, considering the backgrou..Category: Administrative Law | Date: | Hits: 180
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....f delay. It may be mentioned the ex parte decree was passed on September 26, 1983 and the Miscellaneous Case was filed on November 6, 1983. Since the summons were duly served on the defendants as per provision of Limitation Act they were required to file the Miscellaneous Case within 30 days from th......prehending that in case of prosecuting the suit or, in other words, opposing the claim of the plaintiffs placing reliance on the said documents there is likelihood of being prosecuted under the penal law for using forged and fabricated document before the Court claiming those to be genuine in spite ..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
....error of law in holding that the condition attached to the order of remission of the sentence of the writ-petitioner-respondent was unconstitutional. In elaborating his submission under the aforesaid provision of Article 49 of the Constitution, he argued that the President in exercise of h......limitation can be indicated in the said Article and the order so passed by the President is obviously an administrative in nature as the head of the State and it cannot be justiciable in the Court of law. Such power of the President to commute any sentence is not subject to any constitutional or jud..Category: Criminal Law | Date: | Hits: 37
Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)
....urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ...... High Court Division further held that Uttara Bank Limited may however represent their claim before the executing Court and the executing Court will decide the claim in accordance with law. 6. In the circumstances, we are of the view that the High Court Division rightly decide..Category: Civil Law | Date: | Hits: 80
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....e property shall vest back in the owner with the rights which he had before such property was acquired. 15. Thus it is clear that after payment of compensation money to the original owners, under provisions of section 8B (Emergency) Requisition of Property Act, 1948 the acquired land cannot be r......titioner-respondents. The Government neither utilised the said land nor took over possession of the same. The further case is that the Government decided to return the unutilised acquired land to the lawful owners and accordingly, a circular dated 22-5-1986 (Annexure-E to the writ petition) was issu..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
.... Gazette on September 23, 1986. 4. The respondent filed case, being No. 17 of 1987 (Kha 14,Lalmatia, Mohammadpur) seeking release of the property before the Court of Settlement as per provision of section 7 of the Ordinance No. 54 of 1985 averring the facts as stated hereinabove. ......tition No. 336 of 1987 making the Rule absolute and thereupon declaring inclusion of the building in holding No. 6/5, Block F, Lalmatia, Mohammadpur, Dhaka in the list of abandoned buildings unlawful and without lawful authority. 2. Facts, in short, are that the property in question ..Category: Property Law | Date: | Hits: 32
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