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Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)

....re 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) 142. ......ntiff, filed the above Mortgage Suit No.63 of 1994 praying for a preliminary decree for Tk.78,70,728/- as on 31.10.94 with interest @ 20% per annum including penal interest and also praying that in case of the failure of the defendant petitioner to pay the decreetal dues, to make the decree fina......re 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) 142. ..

Category: Civil Law | Date: | Hits: 106

Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)

....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......g becomes a finding of fact and unless reversed by the court of appeal in accordance with law the High Court Division will not interfere with such finding on facts. 13. In the instant case the High Court Division rightly held that comparison was done with authority of the court und......the plaintiff-petitioner in favour of the defendant-opposite party was forged, void, inoperative and was not binding upon the plaintiff-petitioner on the allegations, inter alia, that the disputed land to the extent 16½  decimals covered by the aforesaid disputed kabala deed No. 3473..

Category: Property Law | Date: | Hits: 21

Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)

.... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ......hy;session of the same to Mujibur Rahman and since then said Mujibur Rahman is possessing the suit land and Mujibur Rahman is a bonafide purchaser for value and that in the meantime a miscellaneous case has been filed praying for setting aside the decree obtained by the petitioner against Rahela...... Judge, Jhenidah in Title Suit No.62 of 1988 decreeing the suit. 2. Facts, in brief, are that the respondent No.1, as plaintiff, filed the above suit seeking declaration of his title in the land as described Ka schedule of the plaint and also recovery of possession of the land described i..

Category: Property Law | Date: | Hits: 25

Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)

....e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ......ddiquc & others..........Petitioners (In Civil Appeal No. 86 of 2005). Vs. Trading Corporation of Bangladesh, TCB Bhaban, 1 Kawran Bazar, Dhaka, & anoth­er .............Respondents (In all the cases) Judgment August 6, 2007. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (A......e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ..

Category: Employment/Service Law | Date: | Hits: 73

Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ...... No.48 of 2000 reversing the judgment and order dated 28.02.2000 passed by the learned Assistant Judge, Boalkhali, Patiya, Chittagong in Miscellaneous Case No. 12 of 1997, allowing the pre-emption case. 2. The facts, in short, are that the case holding under R.S. Khatian No. 2185 in R.S. ......R.S. Plot No.12754 contiguous western plot of the case hold­ing Nos.12729 and 12755 belong to preemptor petitioner by purchase. The peti­tioners mother Mohsena Khatun Purchased 17 decimals land on 20.04.1969 from contiguous southern plot No.12754 and has been enjoying the same. Later on ..

Category: Property Law | Date: | Hits: 25

Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)

.... hesi­tation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......le Appeal No.172 of 1988 reversing those dated 06.07.1988 of the learned Assistant Judge, Paikgachha, Khulna in Title Suit No.43 of 1984 dis­missing the suit. 2. The facts leading to the case, are that the plaintiff instituted Title Suit No.43 of 1984 in the Court of Assistant Judge, ...... 2. The facts leading to the case, are that the plaintiff instituted Title Suit No.43 of 1984 in the Court of Assistant Judge, Paikgachha, Khulna praying for declaration of title to 3.30 acres of land out of 7.57 acres land under B.S. Khatian No.71, S.A. Khatian No. 114 of mouza Khatian contend..

Category: Property Law | Date: | Hits: 22

Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)

....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ...... on 24.12.1980. So, the pre-emptor became co-sharer in the holding. That pre-emptee Nos.1-2 on 07.02.1987 disclosed his pur­chase. The pre-emptor than obtained certi­fied copy and filed the case on 24.04.1987. So, the pre-emptors are enti­tled to pre-emption. 3. The pre-emptees......Acquisition and Tenancy Act and in the alternative under Section 24 of the Non-agricultural Tenancy Act against the peti­tioner and opposite party Nos. 21-22 pray­ing for pre-emption of the land of kabala dated 30.03.1986 alleging that the suit property originally belonged to Chandra Kuma..

Category: Property Law | Date: | Hits: 28

Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)

....re 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) 121. ...... Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Solaiman and others…..............Petitioners (In both cases) Vs. Government of Bangladesh repre­sented by the Secretary, Ministry of Ho......re 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) 121. ..

Category: Civil Law | Date: | Hits: 84

Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)

....ew of the judgment passed by this Court. We find no merit in this review peti­tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......20 of 1989 in the Court of the learned Senior Assistant Judge, Mithapukur, Rangpur for partition and for recovery of khas possession in respect of the portion of the suit land. 3. The plaint case is that the land measuring 2.27 acres comprising Khatian  No. 479(Hal) belonged to Badia......suit being Title Suit No. 20 of 1989 in the Court of the learned Senior Assistant Judge, Mithapukur, Rangpur for partition and for recovery of khas possession in respect of the portion of the suit land. 3. The plaint case is that the land measuring 2.27 acres comprising Khatian  No...

Category: Property Law | Date: | Hits: 28

Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)

.... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ...... the staffs of the office of defendant No.2 although the plaintiff or his father never defaulted in paying rent and the defendant No.2 in collusion with defendant No.1 illegally started certificate case and no notice under Section 7 was issued either in the name of plaintiffs or their predecessor......ndra Datta as legal heir who mutated his name in 16 annas share vide Misc. Case No.879 of 1982-83 and thereafter he paid rents to the Government and while in possession transferred .24 decimals of land of plot No.518 to plaintiff No.2 by registered kabala dated 30.04.1984 and delivered possessio..

Category: Property Law | Date: | Hits: 26

Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ..

Category: Criminal Law | Date: | Hits: 43

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ......grossly violated the terms and conditions of the allotment and consequently the allotment was cancelled and the action of such cancellation is rightful and legal; in the facts and circumstances of case, WASA stands on the same footing under the law of contract for lease, with other citizen of th......n Dhaka Improvement Trust (D.I.T.) now Rajdhani Unnayan Kartripakkha (hereinafter referred to as RAJUK) vide it's Memo No.DIT/799(5) dated 30.05.1,964 allotted 05 Bigha 15 Kathas and 06 Chattaks of land in Block-NH(K),Road No.55, Gulshan Model Town (hereinafter referred as the land) in favour of..

Category: Property Law | Date: | Hits: 28

Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)

.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......ng on 23.1.1983 and decreed ex parte on 15.2.1983. Then on depositing the balance consideration money on 6.9.1983 the appellant filed Execution Case No.30 of 1983. Subsequently the above execution case, being transferred to the Court of Subordinate Judge (now Joint District Judge), Gazipur, was ......it No.153 of 1982 to its original file and number on setting aside the ex parte decree dated 15.2.1983 on the ground that he never entered into any contract with the appellant for sale of the suit land and he had no knowledge of the suit and that he filed the miscellaneous case within time from ..

Category: Civil Law | Date: | Hits: 71

Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)

....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......aside the judgment and order dated February 28, 1977 of the 1st Court of Munsif (now Assistant Judge), Sylhet in Miscellaneous Case (pre-emption) No.76 of 1970 allowing the same. The Miscellaneous case was filed by the petitioner under Section 24 of the Non-Agricultural Tenancy Act, 1949 in resp...... Miscellaneous case was filed by the petitioner under Section 24 of the Non-Agricultural Tenancy Act, 1949 in respect of the sale which took place on 5.11.1969 claming him to be a co-sharer of the land so transferred alleging that the purchaser is a stranger. It was also the contention that no n..

Category: Property Law | Date: | Hits: 30

Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)

....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ..

Category: Civil Law | Date: | Hits: 85

Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)

.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......t passed in Case No.119 of 1987 (Kha-145-Tin-shed Colony, Block-D) Quarter No. 169 (Holding No. 38), Tin shed Colony, Mohammadpur, Dhaka. The Court of Settlement by the said judgment dismissed the case and thereupon declared that the property in question is an abandoned property and the listing ...... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ..

Category: Property Law | Date: | Hits: 29

Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)

....ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......tition was filed impugning the order of removal dated July 24, 2002 as regards the writ petitioner who was an Officer on Special Duty in the management of the petitioner No.1. 3. It was the case of the writ petitioner that he joined in the service of the Bangladesh Freedom Fighters Welfa......ound of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..

Category: Employment/Service Law | Date: | Hits: 408

Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)

....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......aka-3 in Administrative Tribunal Case No.16 of 1998. 2. The Administrative Appellate Tribunal by the judgment sought to be appealed upheld the judgment of the Administrative Tribunal in the case mentioned above. 3. It was the case of the petitioner before the Administrative Tribuna......ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ..

Category: Administrative Law | Date: | Hits: 96

Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)

....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ...... for Leave to Appeal is directed against the judgment and order dated 10.06.2007 passed by the High Court Division in Writ Petition No.5794 of 2004 discharging the Rule. 2. The facts of the case, in short, are that the petitioner is the elected Chairman of Surma Union Parishad under Suna......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 32

M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)

....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......vision is there in Code of Civil Procedure or any other law against the decree and Section 152 is only meant for correcting arithmetical errors or clerical mistakes and was wrongly invoked in this case by the trial court which has; been rightly corrected by the High Court Division. We fin......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..

Category: Property Law | Date: | Hits: 37