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AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)

....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......J. In view of the judgment and decree of the Trial Court decreeing the suit on merit and those of the Court of Appeal below allowing the same without considering the facts and circumstances of the case and rejecting the application for amendment and an application under Order XLI, rule 27 of the......tal and thus he was earning a lot of money. The respondent No.1 also managed a job in the Motijheel Central Government Dispen­sary as Medical Officer and that the appellant purchased a plot of land measuring 5 kathas together with one-storied building at Pallabi being Plot No. 4, Block 1/A f..

Category: Procedural Law | Date: | Hits: 173

Md. Shahabuddin Vs. Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd., 2007, 36 CLC (AD)

....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: 14 MLR (AD) (2009) 40. ......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: 14 MLR (AD) (2009) 40. ......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: 14 MLR (AD) (2009) 40. ..

Category: Civil Law | Date: | Hits: 120

Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)

.... disposed of on merit. In view of the discussion made above, the review petition is dismissed.    Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......he respondent Nos.1 to 5 as plaintiffs instituted Title Suit No. 86 of 1992 for declaration of title and khas possession which was renumbered as Title Suit No. 21 of 1994. 3. The plaintiff's case, in short, is that Sheikh Jabbar Ali, Abed Ali and 4 others were recorded tenants in C.S. Kha.......S. Khatian No.96 containing 19 plots including Plot No.800 measuring .70 acres, that Sheikh Jabbar Ali's share was ½ and Abed Ali's share was 1/12 in the said khatian and that .52 acres of land as P.S. and S.A Plot No. 979 had been in exclusive possession of Sheikh Jabbar Ali and P.S. Kh..

Category: Property Law | Date: | Hits: 26

S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..

Category: Civil Law | Date: | Hits: 126

Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)

....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......ized between her and the petitioner on 19.2.1999 and they started living together. Dower was fixed at Tk. 5,00,001/- and that the marriage was registered by a kabinnama dated 19.9.1999. It was her case that the 19.9.1999. It was her case that the petitioner ousted her from his mess and she lodge......any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ..

Category: Family Law | Date: | Hits: 188

Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)

....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......t Judge, Dagan-bhuiyan, Feni in Title Suit No. 84 of 1987 dismissing the same. 2. The suit was filed seeking declaration of title and for khas possession upon removing the structures in the land in suit. 3. The suit was filed averring that the land in suit belonged to plaintiff's p..

Category: Property Law | Date: | Hits: 25

Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)

....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41.  ...... March 23, 2008. Lawyers Involved:     MI Farooqui, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioners (In all the cases). M Amir-ul-Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record&mda......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41.  ..

Category: Civil Law | Date: | Hits: 126

Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)

....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ...... the same. 3. The suit was filed seeking declaration of title, confirmation of possession and for partition of the land described in the schedule attached to the plaint. 4. It was the case of the plaintiff that the 'Ka' and 'Kha' schedule land belonged to Faizuddin, father of the p......ior Assistant Judge Lohagara, Narail in Title Suit No. 38 of 1984 dismissing the same. 3. The suit was filed seeking declaration of title, confirmation of possession and for partition of the land described in the schedule attached to the plaint. 4. It was the case of the plaintiff ..

Category: Property Law | Date: | Hits: 32

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......was owned and possessed by the plaintiff-respondent No. 1 jointly with the defendants and for default in payment of rents the said 'C' schedule land was put on auction in the aforesaid certificate case when the plaintiff-respondent No.1 purchased the same in auction but he did not get possession......ial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land which he acquired by auction-purchase in a certificate sale and also by inheritance from the ..

Category: Property Law | Date: | Hits: 42

Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)

....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......led Miscellaneous Case No. 32 of 1991 under Order IX, rule 13 of the Code of Civil Procedure. 4. The learned Assistant Judge by order No. 46 dated 15-10-1992 dismissed the said Miscellaneous case. As against this order, the defendant Nos.1 and 2 filed Miscellaneous Appeal No. 310 of 1992 ......6 passed by a Single Bench of the High Court Division in Civil Revision No. 4334 of 1998 discharging the Rule. 2. The short fact leading to the filing of the leave petition is that the suit land is origi­nally recorded as Government khas land during the time of CS operation. The suit ..

Category: Property Law | Date: | Hits: 20

State Vs. Nurul Amin, 2006, 35 CLC (AD)

....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......report with GRP Police Station, Khulna. On the basis of the said ejahar, Khulna Railway PS Case No. 3 dated 30-9-1990 was started against the accused respondent and co-accused Atair Rahman. 3. The case being investigated, charge sheet was submitted against them on 27-10-1992 under sections 409/10......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ..

Category: Anti-Corruption Laws | Date: | Hits: 173

Abu Taher Vs. Bangladesh, 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: 14 BLC (AD) (2009) 19. ......02 making the Rule absolute and thereby setting aside the judgment and order dated 12-3-1994 of the 1st Court of Settlement passed in Settlement Case No. 920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case property, from the "K......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: 14 BLC (AD) (2009) 19. ..

Category: Property Law | Date: | Hits: 29

Khan Yeakub Ali Vs. The State and others, 2008, 37 CLC (AD)

....her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ......ination presumption would  be  that  had  they  been examined they would not have supported the prosecution story raises a serious doubt as to the truth of the prosecution case and as such, we think that ends of justice would be best served if the conviction and sentence......her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ..

Category: Criminal Law | Date: | Hits: 40

Anti-Corruption Commi­ssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ...... by my brother Md. Joynul Abedin, J. But my approach to the point of law involved in the appeals is somewhat different from that of my brother Md. Joynul Abedin J. In the totality of the facts of the case I am of the view the writ petitioner was neither in abscondence nor a fugitive while moving the...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..

Category: Anti-Corruption Laws | Date: | Hits: 139

Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)

....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......espondent No.1 of the election petition seriously contested the plea of recounting of ballot papers 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by judgment and order dated 24.07.2005 allowed the prayer for recounting of ballot papers on de......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..

Category: Election Law | Date: | Hits: 159

Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)

....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 898. ...... of 2003 reject­ing the Death Reference and dismissing the Criminal Appeal with modification of sen­tence that death sentence be commuted to imprisonment for life. 2. The prosecution case, in brief, is that one Abul Hossain (deceased) father of the informant was assailed by 25 nam......to Dula Hazara Hospital, the deceased succumbed to his injuries in the channel. The informant alleged that the occurrence took place due to previous enmity between the deceased and the accused over land dispute. Accordingly, the F.I.R. was lodge on 25-08-1991 at 17.00 hours. 3. The police ..

Category: Criminal Law | Date: | Hits: 22

Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)

....ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 882. ......ich is wrong. 3.  The defendant No. 1 contested the suit by filing written, statement alleging, inter alia, that the suit is not maintainable and the suit is barred by limitation. The case of the defendant, in short, is that the land measuring 2.45 acres of C.S. Khatian No.46 of Mou......scharging the Rule. 2. Short facts are that the plaintiff institut­ed Title Suit No. 39 of 1996 in the Court of Assistant Judge, Patharghata, Barguna for declaration of title in the suit land as described in schedule "Kha" of the plaint stating inter alia, that the land measu..

Category: Property Law | Date: | Hits: 24

Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ...... at the instance the petitioner, is directed against the judgment and order dated 06.07.2005 passed by the High Court Division in Writ Petition No. 6075 of 2004 discharging the Rule. 2. The case of the petitioner, in short, that the petitioner was appointed Nikah Registrar on 09.03.2000 f......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ..

Category: Civil Law | Date: | Hits: 88

Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)

....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878.  ......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878.  ......he respondent Nos.1-121 and some predecessors of the respondents as plaintiffs filed Other Class Suit No. 23 of 1961in the court of the learned Subordinate Judge, Rangpur for partition of the suit land. The said suit was subsequently renumbered as Other Class Suit No.105 of 1998 and there was a ..

Category: Property Law | Date: | Hits: 22

Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)

....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. .......01.1988. Accordingly the petitioner intended to deposit the monthly rent with the Rent Controller under section 19(2) of the Premises Rent Control Ordinance. 3. The opposite parties contested the case by filing a written objection contending that the petitioner ceased to be a tenant in the suit ......been taking steps to sell the suit property to B.T.M.C and in such circumstances a dis­pute arose with regard to the ownership of the suit property and the petitioner has a doubt as to the bona fide landlord of suit property and intended to deposit the rent with the House Rent Controller till the d..

Category: Tenancy Law | Date: | Hits: 148