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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..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..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..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..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..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 ..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..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..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..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..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..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..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..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..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..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..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..Category: Property Law | Date: | Hits: 23
G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)
.... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. .......7.2001 under section 5(1) of the Anti Corruption Act, 1947 and sections 407, 408 and 409 of the Penal Code now pendÂing before the court of the learned Special Judge, Jessore. 2. The prosecution case, in short, is that the complainant petitioner, G.M. Majid, filed a petition before the Senior S..Category: Anti-Corruption Laws | Date: | Hits: 81
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ......2006 passed by a Division Bench of the High Court Division in Suo Moto Rule No. 3196 of 2005 issued in Criminal Appeal No. 3128 of 2004 against the petitioner, the Investigating Officer in the case, Md. Rezaul Karim, making the Rule absolute directing for taking stern action against him. ..Category: Criminal Law | Date: | Hits: 38
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......nviction and sentence. The Reference and appeals were heard together and disposed of by a single judgment of a Division Bench of the High Court Division. 3. The prosecution case, in brief, is that on 21-06-1998 at about 4.00 p. m. while, the informant (PW.1) Shahnaj Parv..Category: Criminal Law | Date: | Hits: 44
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