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Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)

....ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......on case in failing to consider that the application is bad for defect of parties. He further sub­mits that the courts below as well as the High Court Division were wrong in fail­ing to consider the mutation Khatian prepared in the name of Abdul Kader the predecessor-in-interest of the petitioners ..

Category: Property Law | Date: | Hits: 61

Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)

....enior Assistant Judge, Upazila, Manikganj Sadar in Title Suit No.112 of 2004 decreeing fee suit. 2. The respondent No.1 instituted Title Suit No.112 of 2004 for declaration that the order of cancellation of his appoint­ment as Assistant Head Master of Khabashpur Labonya Prova High Scho......at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 971. ..

Category: Employment/Service Law | Date: | Hits: 106

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

.... the Ordinance removing a Mutawalli that order cannot be cancelled by such Administrator or any body subordinate to him by resorting to section 21 of the General Clauses Act as since no such power of cancellation is available to him under the Ordinance and further after obtaining Rule Nishi twice on......rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...

Category: Trust/Waqf Law | Date: | Hits: 518

Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)

....shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ...... son. Thereafter Sadat Ali gifted the schedule properties to Alauddin by a registered Heba-Bil-Ewaz deed No.4477 dated 19.04.1960 and put him into possession. Subsequently he mutated his name vide mutation Case No. 183 of 1992-93 dated 11.01.1993. After a word the said Alauddin proposed to the p..

Category: Property Law | Date: | Hits: 32

Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)

....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......ndant Nos.1 and 2 in 1980 took all the papers of the suit land taking advantage of the helplessness of the defendant Nos.1 and 2 on false representa­tion that he would take necessary steps for mutation of their names in the Government record in respect of the suit land and then filed the pre..

Category: Property Law | Date: | Hits: 32

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....ity 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: VI ADC (2009) 763. ......#2439; সম্পত্তিতে দখলকার” but this above finding is not correct as Ext. E, though shows that the mutation in the names of the plaintiffs on the basis of Mutation Case No.6578/80-81 was set aside, ..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....the Government cancelled the order. The Federal Court held that Government had power under section 21 of the General Clause Act to cannel the order till the order has taken effect and in the case the cancellation was valid as it was passed before the order took legal effect by release of the accused......e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..

Category: Employment/Service Law | Date: | Hits: 118

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....days with interest at the rate of 12% per annum in Civil Appeal No. 244 of 2005 and to refund the earnest money and security money deposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpaid bills,......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..

Category: Civil Law | Date: | Hits: 212

S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)

....aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ......the effect that “we do not find this brings any change in the plaint inasmuch as in the original plaint also the plaintiff asserted that her name was mutated without mentioning the number of mutation case” is an error apparent on the face of the record because the plaintiff did not s..

Category: Property Law | Date: | Hits: 24

Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)

.... the writ petition) stayed the appointment of selected candidate and on 20.11.2004 cancelled the process of aforesaid appointment. The Ministry of Establishment on 28.11.2004 cancelled the order of cancellation issued on 28.10.2004 and withdrawn the order of stay by order dated 11.05.2005 in resp......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 132

Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

.... regard the Powers of Attorney in respect of the said lands; con­struction of 500 flats as proposed will not in any way fall within the site plan of aforesaid 12 plots and as such the order of cancellation of the said plots is arbitrary and malafide; the petitioners, having taken possession ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..

Category: Property Law | Date: | Hits: 34

Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)

....ging the Rule. 2. The Rule arises out of an order dated 02.01.2005 and 09.01.2005 passed in Mortgage Execution Case No.8 of 1995 by the Artha Rin Adalat, Narayanganj, rejecting the application for cancellation of the auction bid held on the date i.e. on 02.01.2005 and acceptance of the highest bi......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...

Category: Banking Law | Date: | Hits: 373

Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)

....e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......id not get the suit land on the basis of any deed of exchange and that the defendant was not aware of Title Suit No.317 of 1973, did not receive any summons of the said suit, did not know about the mutation of the plaintiffs name on the basis of the decree passed in the said suit. The defendant ..

Category: Property Law | Date: | Hits: 29

Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)

....n the judg­ment observed that the prosecution case was narrated by the P.W.1 Abdul Karim and there was no dispute that the accused Rustam Ali Khan filed Miscellaneous Case No. 94 of 1996-97 for cancellation of Mutation in the name of the complainant and others vide Mutation Case No. 196 of 99......e of the view that the High Court Division did not any kind illegal­ity discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ..

Category: Criminal Law | Date: | Hits: 57

Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)

....e rent of Tk. 6 crore and to pay rent at the rate of Tk. 8,00,000/- per month for the premises. The petitioners refused to concede to the demand and respondent No 4 applied to respondent No. 3 for cancellation of the trade licence. After receiving letter from the respondent No. 4, the respondent......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ..

Category: Business or Commercial Law | Date: | Hits: 169

Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)

....ere is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......ere is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ..

Category: Property Law | Date: | Hits: 26

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....were entitled to recover excess amount of Tk.21,16,048/-from the plaintiff and he was asked to pay off the same within 22.12.1990 by a notice indicating failure to pay the dues would have resulted cancellation of the agree­ment. But the plaintiff did not pay off the same within the specified......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ..

Category: Civil Law | Date: | Hits: 150

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

....ity or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed.    This Case is also Reported in: VI ADC (2009) 525. ...... plaintiffs purchased the suit land on 9.10.1971 from Ramratan Bal and since then they are in possession by mutating their name and they also proved the true copy of kabala deed, Ext. 4, order for mutation Ext.1 and the concerned rent receipts Ext. 3 series and further the witnesses of the plain..

Category: Property Law | Date: | Hits: 74

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

....here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ......nbsp; exhibited money receipts of payment of taxes of Union Parishad, kabinnama of the plaintiff,  ration card of the plaintiff,  rent  receipts of the properties of the plaintiff, mutation khatian of the plaintiff, the registered deed Nos. 21401 dated 28.8.1969, 21960  date..

Category: Property Law | Date: | Hits: 26

Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)

....sp; the fact obtained permission to treat the land of the said plot as residential plot, that transfer of the land was illegal, that the plan was legally cancelled and that as against the order of cancellation appellant ought to have filed appeal as per provision of Section 15 of the Building C......t passed by the High Court Division is set aside. As a result the appeal is allowed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ..

Category: Property Law | Date: | Hits: 28