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Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
....vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ...... and decree dated January 31, 1977 of the 3rd Court of Munsif (now Assistant Judge) Jessore in Title Suit No.8 of 1977 decreeing the suit and thereupon declaring title of the plaintiff in the land in suit and confirmation of possession of the plaintiff. The trial Court further by a decree o..Category: Property Law | Date: | Hits: 25
Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)
....d character of the land in suit and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 576. ......pon instituting the aforementioned suit filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure seeking injunction against the defendant Nos. 1 and 2. 4. It was the case of the plaintiff that his father Sirajul Islam was the owner of 31½ decimals of land an......ingle Bench of the High Court Division in Civil Revision No.326 of 2004 allowing an application for injunction restraining the opposite party No.2 from making construction of any house in the land in suit and not to change the nature and character of the property in suit. 2. The civi..Category: Property Law | Date: | Hits: 20
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......ty to deposit an amount equivalent to 7(seven) days basic salary to the Bank; the petitioner being aggrieved preferred Departmental Appeal No.76 of 2000-2001 which was also dismissed and hence the case. 3. The defendant No.5 contested the case by filing written statement denying mate......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ..Category: Administrative Law | Date: | Hits: 90
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......Commissioner, Dhaka.........Petitioner (In Civil Petition No. 951 of 2005) Vs. Md. Shafiqul Huq, being dead his heirs: Captain Salauddin & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik ......0 passed in Title Suit No. 346 of 1977 by the 1st Court of Subordinate Judge(now Joint District Judge), Dhaka is illegal, void and not binding upon the plaintiff stating, inter alia, that the suit land originally belonged to Priaya Nath Basak, Nagendra Nath Basak, Bhupendra Nath Basak and Digend..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ......f inheritance from his father and by amicable arrangement with other heirs of his father. 3. The defendant-respondents contested the suit by filing a joint written statement denying the case of the plaintiff and contending, inter alia, that the suit is bad for defect of parties ......e absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court of Subordinate Judge, Chandpur, for declaration of his title to the suit land claiming the same by way of inheritance from his father and by amicable arrangement with..Category: Property Law | Date: | Hits: 22
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ......d huge financial loss. 3. The Chief Metropolitan Magistrate, Dhaka after recording the statement of the complainant under section 200 of the Code of Criminal Procedure took cognizance of the case and issued summons upon the accused persons. Thereafter, the case was transferred to the Cour......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ..Category: Criminal Law | Date: | Hits: 42
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......llant. 9. He further submits that the High Court Division committed error in dismissing the appeal without considering the fact that the police report i.e. final report submitted in the case indicates absolute innocence of the accused appellant and more-so, in the First Informat......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ..Category: Criminal Law | Date: | Hits: 41
Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)
....hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ......ner. Hence this leave-petition. 5. Mr. Md. Nawab Ali, the learned Advocate-on-Record, appearing for the petitioner, submits that in consideration of the entire facts and circumstances of the case, the petitioner obtained decree in Other Class Suit No. 146 of 1974 against the 2nd parties-re......firming the judgment and order dated 03-05-1992 passed by the Magistrate, 1st Class, Cognizing Court No.1 Pabna dropping the proceeding and directing the receiver for making over possession of the land in question to the petitioner and also paying the sale proceeds since the year 1977 till passi..Category: Property Law | Date: | Hits: 21
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ......their share in 1352 B.S. and was in possession of the suit property through cultivation but the suit property was wrongly recorded in the name of Genoda Sundari Ghosh and there being a certificate case Bhupati Charan cleared the dues and that he filed Title Suit No.303 of 1997 against the wrong ......operty belonged to Balai Sardar and others to the extent of 2 annas share each, Nilambar and Bhupan Charan had 4 annas share each and that there being no embankment in the area where the suit land is situated the recorded tenants failed to produce any crops and as such could not pay rent to..Category: Property Law | Date: | Hits: 24
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
.... correct 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) 519. ......ide of the plot in question. The plaintiff got his name mutated in the Revenue Department of the Government and has been possessing the same on payment of rent and taxes. 3. The further case of the plaintiff is that he married defendant No.1 on 5th January 1979 and they have one son ...... plaintiff and one Begum Mahmooda Akhter purchased the same from said Major Habibur Rahman Miah by registered kabala being No. 6016 of the year 1981 and the plaintiff got possession over 6 katha of land in the western side of the plot in question. The plaintiff got his name mutated in the Revenue..Category: Property Law | Date: | Hits: 20
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ...... 2 set up a pump for irrigation in the suit land and in the month of Agrahayan,1395 B.S. the plaintiffs took away the water pump for which the defendants filed a case against them. 4. It has further been averred by the defendants that the plaintiffs...... The facts, in short, are that the plaintiff respondent Nos.1 to 4 instituted Other Suit No. 19 of 1986 which was renumbered as Other Suit No.134 of 1990 for declaration of their title in the suit land stating, inter-alia, that the suit land originally belonged to landlord Amatullah Gasu and oth..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......hellip;…………………………………………” and the High Court Division approached the whole case on a wrong way by placing much reliance upon Ext. Ka, the deed of gift alleged to have been ex......in the Court of the learned Munsif (now Assistant Judge), Sadar, Cox's Bazar, praying for declaration of title, confirmation of possession and also permanent injunction in respect of the suit land contending, inter alia, that the suit land originally belonged to Monsur Ali, father of the p..Category: Property Law | Date: | Hits: 29
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......name were not prepared in respect of the land in suit, that taking advantage of wrong record of right defendants tried to dispossess the plaintiffs and thereupon plaintiffs filed case in the Court of Magistrate under Section 144 of the Code of Criminal ...... decreeing the same. The appellate Court upon reversing the judgment of the trial Court dismissed the suit. 2. The suit was filed seeking a decree for permanent injunction in respect of the land of Plot Nos. 3/3315, 3/3317 and 3/3319 comprising 7.25 acres of land of khatian No. B/286.The ..Category: Property Law | Date: | Hits: 19
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ......ssir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Sonali Bank, represented by its Managing Director, Head Office & another.............. Petitioners (In both the cases) Vs. Md. Mostafa Kamal & others........Respondents (In both the cases) ......the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ..Category: Banking Law | Date: | Hits: 103
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......roperty for a period of five years and also for other reliefs on the averments that the defendant Nos. 2-8 have been running Darbesh Industrial Enterprise Ltd, the company, as its directors and the land described in the schedule of the plaint are the land of Fishery Department which was leased to..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ......o deposit 50% of the demanded VAT or the Penalty in the light of the order dated November 25, 1996 of the Commissioner of Customs, Excise and VAT, Dhaka South, Dhaka within 3 (three) months and in case of making the deposit by the writ petitioner for disposal of the appeal by the respondent No.1......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ......gaders in the land on 10.07.1999. Hence is the suit. 3. The defendant Nos.1-3 contested the suit by filing joint written statement denying the material allegations made in the plaint. Their case is that the suit land along with other lands belonged to Ali Polan Bepari and on his death his......olute. 2. The plaintiffs instituted Title Suit No.116 of 1999 in the Court of Senior Assistant Judge, Dhamrai, Dhaka for a decree for permanent injunction stating, inter alia, that the suit land along with other lands originally belonged to Ali Palan Bepari who died leaving behind two son..Category: Property Law | Date: | Hits: 30
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 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: 13 MLR (AD) (2008) 356. ......he suit was ultimately decreed by the judgment and decree dated 8.6.1995. Thereafter the decree-holder bank put that decree into execution in Money Execution Case No. 283 of 2005. In that execution case the mortgaged property was tried to be sold in auction as per provision of Artha Rin Adalat 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: 13 MLR (AD) (2008) 356. ..Category: Civil Law | Date: | Hits: 94
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ....... 504, R.S Khatian No.552 corresponding to C.S. Plot No. 816, S.A. Plot No.1250 and R.S. Plot Nos. 4080 and 4081 out of 0.1687 acre situated within Mouza Seriol, P.S. Boalia District Rajshahi. The case of the plaintiff in short, is that the property originally belonged to one Moni Dasi who estab...... The plaintiff filed Other Class Suit No.215 of 1985 in the Court of Assistant Judge, Sadar, Rajshahi for declaration that the plaintiff has already acquired good and indefeasible title in the suit land as described in schedule 'B', a part of the schedule 'A' of the plaint, by adverse possession..Category: Property Law | Date: | Hits: 96
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