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Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ...... Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff, in short, is that the land in suit, which is homestead, belonged to Jairuddi......sistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff, in short, is that the land in suit, which is hom..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ...... that (a) even if for arguments sake it is conceded that the defendants could not give satisfactory explanation to the points raised by the plaintiffs but that would not improve the case of the plaintiffs because it is the cardinal principle of law that the plaintiff is to pr......istant Judge, Fulbari, in Other Suit No.37 of 1986 decreeing the suit. 2. The appellants, as plaintiffs, filed the above Other Suit No. 37 of 1986 for declaration of their title in the suit land on the averments that the suit land originally belonged Moharaja Jogodipendra Narayan Bhup Bah..Category: Property Law | Date: | Hits: 28
Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)
.... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ......le upon setting aside the judgment and order dated June 16, 2003 making the Rule absolute. The High Court Division made the Rule absolute on the finding that the opposite party failed to make out a case that the heba was not acted upon. The appellate Court upon allowing the appeal decreed the sui...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ..Category: Civil Law | Date: | Hits: 102
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......eposition of those witnesses, in Rule 23(4) of the Tenancy Rules which was added by Gazette Notification on the 7th of April, 1967, an additional power was given to the Revenue Officer to deal with cases involving fraud which was not covered within section 143 of the State Acquisition and T......r Suit No. 459 of 1987 decreeing the suit. 3. The respondents 1 and 2 filled (filed) the above suit on the averments that Bimalendu Roy, Tarini Prasad and two others took pattan of the suit land and C.S. Record was prepared in their names and subsequently Tarini Prasad and the two others ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......2 and the absence of any finding about the oldness of the above Sale Deed No. 5666 has also adversely affected the findings of the trial court in the given facts and circumstances of the case. 4. We have heard the learned counsel appearing for the petitioner. The learned advocat......instituted the above Other Suit No.110 of 1982 for declaration that the registered Deed of Sale being No. 5666 dated 13.12.1956 alleged to have been executed and registered by him in respect of the land described in schedule 1 (ka) of the plaint is forged, void and not binding upon him and also ..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......985 praying for permanent injunction restraining the defendants from entering into the suit land or from dispossessing him from the suit land in the Court of Assistant Judge, Ghatail, Tangail. The case of the plaintiff was that Goher Sheikh was the sole owner of the land in C.S. Khatian No. 470 ......cts, leading to this petition, are that the plaintiff-respondent instituted Other Class Suit No. 109 of 1985 praying for permanent injunction restraining the defendants from entering into the suit land or from dispossessing him from the suit land in the Court of Assistant Judge, Ghatail, Tangail..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ...... allowing the appeal passed a decree in favour of the plaintiff allotting separate saham for 34 decimals of land from the land described in the schedule attached to the plaint. 3. It was the case of the plaintiff that the land described in the schedule belonged to Hakim Jan Bibi and Abdul ......93 of the 2nd Court of Additional Senior Assistant Judge, Sadar, Chittagong in Other Case No. 155 of 1990 dismissing the same. 2. The suit was filed seeking separate saham of 34 decimals of land on partition of 1.14 acres of land. The appellate Court upon allowing the appeal passed a decr..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......f Directors of the company with more than 13 members may be regarded as unlawful and the said directors will also be liable for failing to follow lawful instructions of the Bangladesh Bank; in the case of Ghyasuddin Ahmed vs. Faruque 38 DLR (AD) 296 it has been held that the powers conferred un......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......e plaintiff and the others ended by the submission of the report with the finding of guilt and on the basis of the said report plaintiff was dismissed from his service on April 4, 1991. It was the case of the plaintiff that the authority reinstated the 4 officials who with plaintiff were found g......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Khondker Ansar Ahmed & others…………………Appellants (In both the cases) Vs. A.T.M. Monsur Ali Mallik & others…………………Respondents (In both the ...... plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 respectively. Admittedly the suit land measuring .17 acres being C.S. Plot No. 3871 appertaining to C.S. Khatian No. 1865 of Mouza Ban..Category: Property Law | Date: | Hits: 34
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ......onvicting the Respondent No.1 under section 6(5) of the Muslim Family Laws Ordinance, 1961 and sentencing him to one year simple imprisonment. 2. The petitioner filed the aforementioned C.R. case alleging that during subsistence of the marriage between her and the Respondent, the Responden......nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ..Category: Criminal Law | Date: | Hits: 36
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......rities and Exchange Ordinance No. 16 of 1989 being C.R. Case No.77 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. That the respondent no.2 had instituted a criminal case against the petitioner and others in the Court of the Chief Metropolitan Magistrate, Dhaka and......he enquiry report, contained, inter alia the following finding: "On analysis of the aforesaid information, explanations and statements the enquiry committee concludes that Wonderland Toys Ltd deliberately concealed information in the prospectus with regard to the company's ma..Category: Criminal Law | Date: | Hits: 36
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
.... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ......howing sufficient cause of delay in making substitution is entertainable. Intention of the legislation is disposal of a suit on contest but not to deprive the parties on technicalities. In certain cases, filing of an application for condonation of delay may be waived as a mere formality for secu...... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ..Category: Procedural Law | Date: | Hits: 75
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......ed a report to the authority. A second show cause notice was served upon the petitioner. He accordingly replied to the same denying all the allegations. The respondent No. 2 finally disposed of the case by imposing penalty of compulsory retirement from service upon the petitioner. The petitioner......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......operty. The judgment debtor alleging irregularities in holding auction filed Miscellaneous Case No. 10 of 2004 praying to set aside auction sale dated 02.09.2002. The decree holder bank contested the case filing written objection. The present appellant i.e. auction purchaser also contested the afore......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ......and convicted thereunder and sentenced to suffer imprisonment for life and also to pay a fine of Tk.10,000/- each in default to suffer rigorous imprisonment for one year more. 2. Prosecution case, in brief, is that one Fatema Begum a college girl lodged written ejahar with Aditmari Police ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......d with section 34 of the Penal Code. 5. The 5 (five) accuseds were put on trial to answer the charges under sections 302/353/333/224 read with section 34 of the Penal Code. 6. The prosecution case as narrated by the P.W.1, the informant, is that the incident took place on May 13, 2002 at abo......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ..Category: Criminal Law | Date: | Hits: 73
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......ion (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Shadharan Bima Corporation...........................Petitioners (In both the cases) Vs. The First Court of Settlement and other...................... inter alia, that the RAJUK, the respondent No.3, by allotment letter dated 12.2.1962 allotted Plot No.4 situated at Block No. SE(B), Gulshan Model Town, Dhaka, measuring 17 Khathas 13 Chattaks of land in favour of Mohammad Abdus Sattar, the respondent No.4, and then on 15.10.1963 ; RAJUK ..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......rit Petition No.4404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ Petition No.4404 of 2003 contending, inter-alia, that the case land is a Government non-agricultural khas land of 20 decimals in Plot No. 1088 of Mouza Char......etition No.4404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ Petition No.4404 of 2003 contending, inter-alia, that the case land is a Government non-agricultural khas land of 20 decimals in Plot No. 1088 of Mouza Char Badn..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......attorney being No.7005 dated 02.07.80 and 8008 dated 30.12.89 executed and registered by defendant No.2 in favour of defendant No.5 Rabiul Awal was forged, collusive and of no legal effect. 3. The case, in short, is that the suit property measuring about 131 square yards with a house and structur......etitioner having been established in respect of the suit premises by accepting him as owner of the suit property, the High Court Division erred in not declaring the title of the plaintiff in the suit land. 11. The High Court Division found no material on record that Nasim Razzak left Bangladesh f..Category: Tenancy Law | Date: | Hits: 180
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