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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)
....ping a shopping complex named "Jamuna Future Park" and that in order to make the construction the approval/sanction of Rajdhani Unnayan Kartripakkha (in short RAJUK) is required under the provision of the Building Construction Act, 1952 and that the writ petitioners submitted ......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)
....ssions that the High Court Division erred in holding that the summons were not served upon defendant No.1 as there was no tender of the same upon her and that the High Court Division overlooked the provisions of rule 15 of Order V and also rule 3 of Order III of the Code of Civil Procedure, and s......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)
....y filing written statement denying the material averments made in the plaint and stating, inter alia, that the suit as framed is not maintainable, the suit is barred by limitation and barred by the provision of section 42 of the Specific Relief Act and bad for defect of party. It was the definit......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)
....mentioned "(text in Bengali)” but admittedly the said order was neither communicated to the parties nor was shown to any of the Advocates of the parties which is mandatory in view of the provisions of Rule 388 of the Civil Rules and Order; the second impugned order dated 6-11-1991 rej......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)
....rt of Magh, 1395 BS since by that time the mortgage being an usufructuary mortgage, the land in question became free from mortgage, that in case of usufructuary mortgage period of limitation as per provision of Article 143 of the Limitation Act, 1908 runs from the date of refusal to return posse...... 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 learned Counsel for the defendant-petitioners that P.W 2 and P.W 4 having had admitted possession of the defendants in the land in suit and consequent thereupon suit framed being hit by the provision of section 42 of the Specific Relief Act for not seeking consequential relief the same was......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)
....ion for transfer filed by the accused petitioner and thereby made the Rule absolute upon certain unreasonable grounds inasmuch as the impugned direction to bear day to day cost is against the provision of law, illegal and harsh. He further submitted that law does not permit to pass an ......, 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
....f eleven months without any application for condonation of delay and as such miscellaneous case was hopelessly barred by limitation. The High Court Division further held that when there is specific provision in the C.P. Code for relief no discretion under section 151 of the Code of Civil Procedure......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
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Category: Limitation Law | Date: | Hits: 165
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... 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 of the above Ordinance, 86 and the amending Act 1994 are applicable to the establis......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)
....evidence on record clearly shows that requirement of law seeking pre-emption under the Muslim law was not performed by the pre-emptor before filing the suit seeking preemption, that mandatory provision of law relating to the pre-emption under the Muslim law has not been observed or complied......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)
....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 the Non-Agriculture Tenancy Act 1949 the...... 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
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... 3. The principal defendants contested the suit by filing written statement and denied the material allegations made in the plaint. They contended, inter alia, that the suit is barred by the provisions of the Forest Act, 1927 as well as section 56 of the Specific Relief Act. Their case, in......wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ..Category: Property Law | Date: | Hits: 31
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....re-emptee is a stranger. 3. The prayer for pre-emption was opposed by the opposite party No. 1 i.e. the pre-emptee contending that the Miscellaneous Case is not maintainable because of the provision of Section 24 (11) (b) of the Non-Agricultural Tenancy Act, 1949 since the transaction so......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ..Category: Property Law | Date: | Hits: 20
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....Court Division erred in dismissing the suit without applying the amended law i.e. the Hat and Bazar (Establishment and Acquisition) Ordinance, 1959 as amended in 1966 and also by applying the provisions of the Land Administration Manual, 1990 which has no manner of application after the Khu...... 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)
....y the parties agreeing that kabala of March 13, 1976 shall prevail. 5. The prayer for review was opposed contending that no ground for review has been made out in the light of the provision of Order 47, rule 1 of the Code of Civil Procedure and that the points raised in support ......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
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