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Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)

....o sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ......oval from service and the order of rejecting the departmental appeal with a further prayer for reinstating him in service with full finan­cial benefits. 3. The respondents contested the case by filing a written statement denying the material allegations as made in the appli­cation......o sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ..

Category: Administrative Law | Date: | Hits: 89

Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)

....nd as such there is no cogent reason to inter­fere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......e is directed against the judgment and order dated 07.08.2001 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1834 of 1999 dismissing the appeal. 2. Prosecution case, in brief, is that on 04.01.1996 one Khalil, the father of the deceased Azad lodged F.I.R. wi......nd as such there is no cogent reason to inter­fere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ..

Category: Criminal Law | Date: | Hits: 47

Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)

....t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ......appeal is directed against the judgment and order dated 27.07.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 5691 of 2005 making the Rule absolute. 2. Prosecution case, in brief, is that the complainant was holder of a locker being locker No.225 of the National ......t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ..

Category: Criminal Law | Date: | Hits: 49

Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)

....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......he Judgment and order of conviction and sentence dated 27.9.2000 recorded by Nari-O-Shishu Nirjaton Daman Bishesh Adalat, Mymensingh in Nari-O-Shishu Case No. 149 of 1997. 2. The prosecution case, in brief, is that the deceased Hazera Khatoon aged about 22 years was given in marriage with......in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ..

Category: Criminal Law | Date: | Hits: 51

Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)

....of the High Court Division. Accordingly, both the Jail Petition and Criminal   Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......­ferred an appeal against the conviction and sentence. These matters have beep-disposed of by the judgment and order dated 04-04-2004 passed by the High Court Division. 3. The prosecution case as has been narrat­ed by P.W.1, the informant, that con­demned-prisoner Bokkor was the......of the High Court Division. Accordingly, both the Jail Petition and Criminal   Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ..

Category: Criminal Law | Date: | Hits: 32

Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)

.... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 695. ...... of the 1st Court of Settlement, Dhaka in Case No.16 of 1991 relating to a property in Mohammadpur. The property in question was listed as abandoned property. The Court of Settlement dismissed the case but being challenged before the High Court Division in writ jurisdiction the judgment and ord...... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 695. ..

Category: Property Law | Date: | Hits: 24

Md. Nazim Uddin Vs. Managing Director and others, 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: V ADC (2008) 690. ......ial court did not allow three witnesses to depose in favour of the plaintiff and also did not give any chance to the plaintiff to cross exam­ine the witnesses of the defendants and also to argue the case for the plaintiff; thereafter without any consideration of the said violation miscellaneous cas......ted Title Suit No.170 of 1992 which subsequently being transferred on two occasions was numbered as the above Title Suit No.71 of 1994, praying for permanent injunction on the averments that the suit land originally belonged to Nowab Court of Wards Estate, Dhaka and C.S. Khatian was accordingly prep..

Category: Property Law | Date: | Hits: 32

Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)

....nfirmity 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: V ADC (2008) 687. ......registered and then the defendant No.1 mutated his name and obtained dakhila by paying rent and since then he is possessing the suit land for over 35 years; the plaintiff earlier brought a criminal case being C.R. Case No. 19 of 1971 against the defendant No.1 on the allegation that the defendant......sp; decreeing the suit. 2. The plaintiff filed the above suit seeking for declaration that sale deed No.3277 executed on 5.7.1962 and registered on 5.11.1962 in respect of the 'Kha' schedule land is null and void and not binding upon the plaintiff on the averments that he, as the only son ..

Category: Property Law | Date: | Hits: 25

Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)

....s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ...... the full broth­er of Musleem Miah. Since the plaintiff’s father was in possession till his death, a good title by way of adverse possession was created in his favour in the suit land. The further case of the plaintiff is that the defendants were inducted into possession in a room in 1982 under t...... 2. Short facts are that the petitioner as plaintiff instituted Title Suit No. 22 of 1998 in the 4th Court of Assistant Judge, Dhaka praying for declaration of title by adverse possession to the suit land and for further declaration that the exparte judgment and decree dated 09.08.1990 passed in Tit..

Category: Tenancy Law | Date: | Hits: 139

Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)

....d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ......inst the orders dated June 1, 2003 and November 22, 2003 and thereupon Civil Revision No.1 of 2004 was registered. The learned District Judge by the order dated March 3, 2004 rejected the revision case. Then the defendant moved the High Court Division in revisional jurisdiction and obtained Rul...... The revisional application before the High Court Division was filed under section 115(4) of the Code of Civil Procedure. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint and for further declaring that the compromise..

Category: Procedural Law | Date: | Hits: 58

Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary Vs. Bangladesh, 2007, 36 CLC (AD)

....nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 678. ......des that candi­dates seeking Nikah Registry license must have Alim, Fazil or the like certificate from a recognized Madrasa. 7. Considering the above facts and cir­cumstances of the case and in view of the discussions made above, we are of the view that the High Court Division upo......nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 678. ..

Category: Civil Law | Date: | Hits: 87

Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)

.... not find any ground 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) 676. ......ated June 23, 1990 of the Court of Assistant Judge, Dacope, Khulna in Title Suit No.36 of 1998 decreeing the same. The suit was filed seeking a decree for permanent injunction. 2. It was the case of the plaintiff that the land measuring 31.51 acres originally belonged to Bhagirath Mondal a......of Assistant Judge, Dacope, Khulna in Title Suit No.36 of 1998 decreeing the same. The suit was filed seeking a decree for permanent injunction. 2. It was the case of the plaintiff that the land measuring 31.51 acres originally belonged to Bhagirath Mondal and others and the record of rig..

Category: Property Law | Date: | Hits: 21

Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)

.... 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: V ADC (2008) 673. ......t exhibit 'Kha" shows that the land­lord obtained a decree in respect of the suit land for non-payment of rent and Hamid Ali, by depositing the decretal amount with costs in the execution case, saved the suit land from auction sale and then he remained in possession of the same and rent......Senior Assistant Judge, Chowddagram, Comilla in Partition Suit No.135 of 1995 decreeing the suit. 2. The respondent Nos.1-4 instituted the above partition suit on the averments that the suit land originally belonged to Fosi Gazi and after his death his two sons Hamid Ali and Tukku Mia bec..

Category: Property Law | Date: | Hits: 20

Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)

....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 670. ......93 dated 29.10.1997 were illegal, collusive, void and not binding upon the plaintiff and the defendants acquired no title and interest by the subsequent cancellation deed and the exchange deed. The case of the plaintiffs is that the suit land belonged to Osman Gani, father of the plaintiff, who ......ve, void and not binding upon the plaintiff and the defendants acquired no title and interest by the subsequent cancellation deed and the exchange deed. The case of the plaintiffs is that the suit land belonged to Osman Gani, father of the plaintiff, who transferred the same to his wife Saleha K..

Category: Property Law | Date: | Hits: 26

Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)

....y 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: V ADC (2008) 667. ......filed Title Suit No.247 of 1987 and then, from the contents of the written statement filed by the defendants of the above suit, they for the first time, came to know about the above vested property cases. The defendant No.6, the vested property authority, contested the suit by filing written sta......ge, Sadar, Chandpur for dec­laration that V. P. Case Nos. 9,10 and 11 of 1986-87 and V.P. Case No. 5 of 1987-88 filed in the Office of the Upazilla Nirbahi Officer, Chandpur, in respect of the land described in 'Ka' schedule of the plaint are collusive, illegal, without jurisdiction and not ..

Category: Procedural Law | Date: | Hits: 68

Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)

....n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......nbsp;         4. The defendant No.1 contested the suit by filing a written statement denying the material allegations made in the plaint. The further case is that the suit is barred by limitation and the defendant No.2 never dispossessed the plainti......9 in the office of the Sub-Registrar, Narsingdhi is not an exchange deed but the same is out and out a sale deed in respect of Kha schedule property of the plaint stating, inter alia, that the suit land originally belonged to one Sitanath Saha who died leaving three sons, Pran Gopal Saha @ Khhsh..

Category: Property Law | Date: | Hits: 19

Mosammat Namiran Nessa Vs. Aftaruddin & oth­ers, 2007, 36 CLC (AD)

....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ...... was recorded in the name of Namiruddin and others each having a share of .15 acre. The land of S.A. Khatian No.925 belonged to Namiruddin and others each having a share of 0.40 acre. The further case of the plaintiff is that by an amicable partition Namiruddin got 3.34 acre of land in his own ......ted 25.10.1976 executed by Namiran Nessa is illegal, void, inoperative, fraudulent and not binding upon the plaintiffs and also for a preliminary decree for partition stating, inter alia, that the land of S.A. Khatian No.305 of Mouza West Jagatber belonged to Namiruddin and others to the extent ..

Category: Property Law | Date: | Hits: 23

Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)

....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......in the revisional application, Upazilla Nirbahi Officer, Faridganj, Government of Bangladesh, Chitta Ranjan Chakravarty and Nakuleswar Chakravarty were impleaded as defendants. 3. It was the case of the plaintiffs that Umesh Chandra Chakravarty and Nakuleswar Chakravarty were the owners of......e Court of Assistant Judge, Faridganj in Title Suit No.19 of 1978 is fraudulent, illegal and not binding upon the plaintiffs. As it appears the said decree was obtained in respect of 6.28 acres of land. Title Suit No.581 of 1984 was filed by the predecessor of the Opposite Party Nos. 1(a-h), 2-7..

Category: Property Law | Date: | Hits: 20

Government of Bangladesh and others Vs. Md. Amdadul Huq, 2007, 36 CLC (AD)

....tance in the submission of the learned Advocate for the petitioners. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 657. ......tance in the submission of the learned Advocate for the petitioners. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 657. ......tance in the submission of the learned Advocate for the petitioners. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 657. ..

Category: Administrative Law | Date: | Hits: 97

MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)

....ived 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: V ADC (2008) 655. ......on 24.11.1996. The plaintiff therefore sent a representation to reinstate him in service and by memo dated 16.9.1998 the Joint Secretary (Establishment) wrote to the defendant No.1 to consider his case which was not done. The plaintiff then made a representation to defendant Nos.2 and 3 but on 1......ived 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: V ADC (2008) 655. ..

Category: Employment/Service Law | Date: | Hits: 61