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Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......t No. 236 of 1981 dismissing the suit. 2. The respondents filed to above suit for declaration of title to the suit land on the averments, inter alia, that 10.33 acres of land out of the land recorded in C.S. Khatian No. 140 and 4.31 acres of land recorded in C.S. Khatian No. 280, origi­......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......ad by registered deed of lease dated 04.06.1960. Nazir Mohammad while in possession sold the same to one Md. Safi by a registered kabala dated 17.04.1964. Md. Safi got his name mutated in the record of rights. Thereafter, Md. Safi entered into a contract to sell the building and delivered p......als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..Category: Property Law | Date: | Hits: 27
Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)
....n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ..Category: Procedural Law | Date: | Hits: 79
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......ed the suit on the ground of limitation whereas the appellate Court as a final Court of fact came to the finding that the suit was not barred by limitation. Upon consideration of materials on record this Division upheld the decision of the High Court Division. 5. Mr. A.S.M. Zillul Haq......e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ..Category: Property Law | Date: | Hits: 53
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality 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: IV ADC (2007) 855. ......ossain M. Zahedi from Bangladesh and thereby the number of directors of the company was raised to six and the petitioner himself was also present in the said meeting and subsequently the petitioner recorded the names of the above directors with the Registrar of the Joint Stock Companies; than an A......e said meeting and subsequently the petitioner recorded the names of the above directors with the Registrar of the Joint Stock Companies; than an AGM of the company was called on 13.12.2004 after due service of notices upon the shareholders with the agenda for the appointment of a new Managing Direc..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ...... direction to the trial court for giving opportunity to the parties to adduce further evidence "if it is at all necessary" and also for fresh consideration of the evidence already on record by the trial Court if so be felt necessary. The Rule was obtained against the judgment and d......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....e suit land and he was not the benamder of the plaintiff and the defendants acquired title to the suit land by their purchase from proforma defendant No.4; the defendant Nos. 1-3 being not in good terms with the brother of the plaintiff, the proforma defendant No.4, at the instance of the ...... respect of the suit land against consideration; even if the proforma defendant No.4 is considered as ostensible owner even then the rights of the defendant Nos. 1-3 are protected by law; the S.A. record of right finally published in the year 1956 were prepared in the name of the defendants...... delivery of possession on 10.9.1942 through court; subsequently the plaintiff in Non-Judicial Miscellaneous Case No.46 of 1943 annulled all the encumbrances upon the suit land after due service of notice under section 167 of the Bengal Tenancy Act 1885; as the ex-tenants did not give ..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......; 2. The suit was filed stating, inter alia, that the land described in the 1st schedule along with other land belonged to Aminuddin and accordingly C.S. record was prepared in his name. Aminuddin gifted some of the properties of the C.S. record to his ...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ...... evidence of those P.Ws are admissible in Evidence Act and that the decree of the specific performance of contract allowed by the Subordinate Judge, after considering the material evidence on record. 6. The learned Advocate further submits that the High Court Division erred in law in......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......rani Dhar's second wife, that while plaintiff was in possession of Dharani Dhar's property she sold some property to Abul Hossain, Rustom Ali and Manu Chowdhury, that the rest of the land has been recorded in the name of Dharani Dhar Malo, that rent having not been paid certificate case was star......ificate case in respect of the land in suit was initiated in the name of dead person and as such the certificate case so started was illegal and consequent thereupon auction sale held without service of the notice as per sections 7 and 43 and Rule 46 of the Public Demands Recovery Act on th..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
.... absence of any male member among his decendants. Clause 14 sufficiently ensure that in such a case the management of the waqf estate shall be carried on by any one of his near relations who is of good character and pious. Clause 14 reads as under:— ÔÔ‡Lv`v bv Ki&ld......aqf enrolled and being the eldest son became the first Mutwalli. Subsequently the appellant became the Mutwalli. There were certain property which were left out of the waqfnama but those were also recorded in the R.S. Khatian as waqf property in accordance with the wish of the wakif. For dealing......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....684 and AIR 1927 (PC) 22, the Court observed as follows: — "I am of the opinion that the rules of Mohammedan law apply to gifts made by Mohammedans in Bihar on the ground of Justice, equity and good conscience, as laid down in sub-section (2) of section 37 of the Civil Courts Act, Apart from...... 3, 1979. 2. The predecessor of respondent Nos. 1 to 7 instituted O.C. Suit No. 61 of 1965 for declaration that the suit land appertained to his original C.S. khatian No. 27 and that the property recorded in the new Khatian No. 23 in the name of defendant No. 1 was wrongly prepared and that the ......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......cannot be concluded within the specified time the accused in the case, if he is accused of a non-bailable offence may be released on bail to the satisfaction of the court, unless for reasons to be recorded in writing, the court otherwise directs. He further submits that as this new amendment cam......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ..Category: Criminal Law | Date: | Hits: 96
Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)
....unsel indicates that the present case was initiated out of grudge for filing previously the case of murder by the co-accused Zamir Ali. 7. He further submits that though there are good grounds for bail to be considered by the High Court Division but in view of the order of ......osal of the appeal and in such circumstance this court may consider the prayer for bail of the petitioners. 8. We have considered the submissions and perused the materials on record. 9. It appears that this Division on 26 October 2005 passed the following order......h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ..Category: Criminal Law | Date: | Hits: 44
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ...... rule absolute allowing the prayer of the accused petitioners themselves and as such the petition is devoid of sense. 7. We have considered the submissions and perused the materials on record. 8. In the application under Section 526 of the Code of Criminal Procedure the accuse......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ....... In the application before the High Court Division the petitioner made the following prayer: "Wherefore, it is humbly prayed that, your Lordship would graciously be pleased to call for records issue a rule calling upon the opposite party to show cause as to why the proceeding in Dru......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ..Category: Criminal Law | Date: | Hits: 64
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ...... petition, made an endeavour to get this Civil Petition for Leave to Appeal No. 1475 of 2002, which was dismissed on 21.4.2004, heard afresh. Further the learned advocate on record could not also point out any error apparent on the face of the above judgment. ......lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ..Category: Property Law | Date: | Hits: 34
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ..Category: Banking Law | Date: | Hits: 85
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......ks time for compliance with a default order that for non compliance, the appeal shall stand dismissed. The order passed by the lawazima Bench on 19.07.2001 was also not complied with and the office recorded a note on 02.09.2001 that the appeal stood dismissed for non-compliance of the courts order......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ..Category: Procedural Law | Date: | Hits: 97
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......o.3; that Isha Kha possessed 45 decimals of land and he died leaving behind wife and son namely Santon and Chand Kha and S.A. Khatian No. 396 was prepared in the name of Chand Kha but wrongly S.A. record was not prepared in the name of Tilumuddin, Samiron, Alimuddin and Sonaban that Chand Kha po......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ..Category: Property Law | Date: | Hits: 33