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....erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
......13 of the Code of Civil Procedure for setting aside the ex parte judgment and decree dated 27.08.1991 and for restoration of the suit to its original file and number. The plaintiffs contested the case by filing written objection. The learned Subordinate Judge (now joint District Judge) allowed t......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
..
Category: Limitation Law | Date: | Hits: 165
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)
....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) 332. ......plaintiff with dispossession. Hence is the suit. 3. The defendant Nos. 2(ka)-2(ja) and 12 and defendant Nos.8 and 9 contested the suit by filing separate written statements. 4. Their case, in short, is that the suit land belonged to Brojomohini Dasi and others. The C.S. record was ......possession to 14.27 acres out of 21.40 acres appertaining to Plot No. 63 C.S. No.6 of Mouza Gopalpur under RS. Shaymnagar District Satkhira stating, inter alia, that the entire 21.40 acres of land of Plot No. 63, C.S. Khatian No.6 of Mouza Gopalpur PS. Shaymnagar belonged to Brojomohini Das..Category: Property Law | Date: | Hits: 23
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ......t the appellant is a limited liability company incorporated under the Companies Act 1913 and is neither a local authority nor a person performing the functions of the Republic and in the case of the respondent No.1 of Civil Appeal No.196 of 2000 the High Court Division also held that h...... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ..Category: Employment/Service Law | Date: | Hits: 90
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
.... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ......ng preemption, that mandatory provision of law relating to the pre-emption under the Muslim law has not been observed or complied with by the pre-emptor and consequent thereupon made the case filed seeking pre-emption non-maintainable, that the fact of non-observance of the formal......;ing of the suit seeking preemption was noticed by the appellate Court, that delay in making the 'talabs' was not considered by the appellate Court, that there was no delivery of possession of the land sought to be preempted and as such the suit filed seeking pre-emption was not maintainabl..Category: Property Law | Date: | Hits: 25
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ...... in revisional jurisdiction against the judgment and decree passed in Title Appeal No. 40 of 1993 which was filed against the judgment and decree passed in Title Suit No. 82 of 1991. 7. The case of the plaintiff in Title Suit No. 82 of 1991, who was the defendant in Title Suit No.102 of 1......e Suit No. 82 of 1991, who was the defendant in Title Suit No.102 of 1990, was that the deed No. 5649 dated 19.6.1969 on the basis of which plaintiffs of Title Suit No. 102 of 1990 are claiming the land described in the schedule of the plaint of the said suit is fraudulent and ante-dated, that th..Category: Property Law | Date: | Hits: 21
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ......ing pre-emption. 2. The petitioner filed the above miscellaneous case under section 24 of the Non Agricultural Tenancy Act stating, inter alia, that the case land s...... 2. The petitioner filed the above miscellaneous case under section 24 of the Non Agricultural Tenancy Act stating, inter alia, that the case land situated at C.S. Dag No. 1006 was owned by Hanif Faruk Ansari; the S.A. record contained 13 de..Category: Property Law | Date: | Hits: 30
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ......material allegations made in the plaint. They contended, inter alia, that the suit is barred by the provisions of the Forest Act, 1927 as well as section 56 of the Specific Relief Act. Their case, in short, is that the suit plot Nos.1330, 1410, 1596, 1600, 1606 and 1662 of Mouza Araishapro......le Suit No. 196 of 1977 in the 2nd Court of Munsif (now Assistant Judge), Gazipur Sadar for a decree for permanent injunction restraining the principal defendants from entering into the suit land and from plainting any plaint in the suit land and/or from in any way disturbing possesion of ..Category: Property Law | Date: | Hits: 31
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ...... that took place on September 1, 1986. Land sought to be pre-empted is 2.26 acres. 2. Pre-emption was sought of the transfer took place on September 1, 1986 averring that the pre-emptor case to know about the transfer on February 15, 1995. It was averred that the transaction alt......y be mentioned it has been averred by the preemptor that he had initial knowledge about the transfer on January 21, 1995. It is also the case of the pre-emptor that he is a co-sharer of the holding land of which has been transferred by the opposite party No. 2 and that the pre-emptee is a strang..Category: Property Law | Date: | Hits: 20
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......permanent injunction against the defendants restraining them from taking over the possession of the Bazar and evicting the plaintiffs and other businessmen and demolishing the Bazar. 3. The case of the plaintiff-petitioners is that the suit Bazar was established sometime in 1990 in ......000 in the Court of the learned Assistant Judge, Khulna Sadar, Khulna against the defendants Nos.1-5 for declaration that the order contained in memo dated 18.4.2000 passed by the Ministry of land and the order contained in memo dated 15.5.2000 passed by the Commissioner, Khulna &..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
.... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... 4. The learned counsel for the petitioner submits that the High Court Division erred in law in summarily rejecting the revisional application without discussing and considering the case of the petitioner. 5. As it appears the High Court Division condoned the delay of 262 d......(now Assistant Judge), Additional Court Sylhet in Title Suit No. 93 of 1985 decreeing the suit. 2. The respondents filed the above suit for declaration of their easement right over the land described in the second schedule of the plaintiff and also for permanent injunction restrainin..Category: Property Law | Date: | Hits: 19
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ...... Tangail, in Other Class Appeal No. 47 of 1993 reversing those dated 18.02.1993 by the Subordinate Judge, 2nd Court, Tangail, in Other Class Suit No. 10 of 1992. 2. The relevant facts of the case are that the plaintiff is a landless cultivator and he prayed for settlement of 'B’ sch....... 47 of 1993 reversing those dated 18.02.1993 by the Subordinate Judge, 2nd Court, Tangail, in Other Class Suit No. 10 of 1992. 2. The relevant facts of the case are that the plaintiff is a landless cultivator and he prayed for settlement of 'B’ schedule land without Salami and rent..Category: Property Law | Date: | Hits: 25
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......he Rule. 2. The trial Court allowed the prayer for pre-emption on the finding that the pre-emptor is the contiguous land holder to the land sought to be pre-empted and that the Miscellaneous case is not barred by limitation and also not bad for defect of party. On appeal by the pre-e...... the aforesaid judgment allowed the prayer for pre-emption sought under section 96 of the State Acquisition and Tenancy Act, 1950. Pre-emption was sought claiming to be a contiguous land owner. It appears from the judgment of the High Court Division sought to be appealed that the ..Category: Property Law | Date: | Hits: 23
Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ...... to the writ petitioners directing him to vacate the premises mentioned in the notice. The notice was issued under section 5(1) of the Ordinance No. 24 of 1970. 3. As it appears that in case of failing to vacate the premises in question by the time specified in the notice writ petiti......es therein would be demolished. 4. From the order of the High Court Division it is seen that writ petitioners filed Title Suit No. 186 of 2005 seeking declaration of title in respect of the land in suit and in the said suit had also challenged legality of the notice issued under sect..Category: Property Law | Date: | Hits: 29
S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
....out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......pology no further enquiry or issuing second show cause notice was necessary; this Division also fell in error in agreeing with the above view of the High Court Division specially when the positive case of the petitioner in the above suit was that he was entitled to get second show cause notice p......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ..Category: Employment/Service Law | Date: | Hits: 61
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ...... 2. The respondents as plaintiffs instituted the Title Suit No.9 of 1991 in the Court of Subordinate Judge, 4m Court, Dhaka, for cancellation of deed and recovery of khas possession. 3. The case in short is that in last settlement survey the name of the plaintiff Nos.2-4 and predeces......ssion. 3. The case in short is that in last settlement survey the name of the plaintiff Nos.2-4 and predecessor of plaintiffs have been recorded as the owners and possessors in the suit land and they had been owning and possessing the suit land through Hari Haran Barai as bargadar. Th..Category: Property Law | Date: | Hits: 24
Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)
.... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ......By this petition the petitioner seeks review of this Court's Judgment dated 11.12.2005 passed in Criminal petition for leave to appeal No. 240 of 2004 dismissing the petition. 2. Prosecution case, in brief, is that the present petitioner filed a petition of complaint before the Tribun...... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ..Category: Criminal Law | Date: | Hits: 32
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......the learned Advocate-on-Record for the petitioner submits that the learned Judge of the High Court Division most illegally dismissed the suit on an erratic view of the fact and law involved in the case stating that the plaintiff-petitioner was a year-to-year lessee in respect of the suit land an...... Title Suit No. 27 of 1990 in the Court of the learned Assistant Judge, Dohar, Dhaka for a declaration that the decision of the authorities in renewing his lease in respect of only half of the suit land was void, inoperative and not binding on him and he was entitled to the renewal of the lease i..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......filed against the judgment and order dated June 29, 1982 of the 1st Court of Additional District Judge, Bakerganj in Miscellaneous Case No. 5 of 1980 allowing the same. The aforesaid miscellaneous case was registered upon an application filed under Order 47 Rule 1 of the Code of Civil Proce......s enemy property and he having had came to know about the said fact filed objection on November 5, 1970 and that the defendant No. 2 rejected the said objection and thereupon treating the land in suit vested property threatened the appellants to evict from the land in suit. 4. Th..Category: Property Law | Date: | Hits: 34
Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)
....judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ......on the charge of kidnapping one Raisuddin uncle of informant Abu Taher on 10.09.1991 and thereafter murdering him and causing disappearance of evidence by concealing the dead body. The prosecution case, in short, was that the aforesaid Raisuddin came to visit his relative Abu Taher the informant......judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ..Category: Criminal Law | Date: | Hits: 39
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......pe for introducing a supposed rule grounded on vague principles of natural justice. To do so is to introduce fancied notions in a procedural law which the Legislature did not provide. In this case the parties were aware of the appointment of the commissioner and the defendants did not chall......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ..Category: Property Law | Date: | Hits: 23
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