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M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

....t maintainable in its present form, barred by limitation as well as the principle of estop­pel, waiver and acquiescence and further stated that as several suits are pending with relation to the major portion of the property and if a portion of the property is sold to the plaintiff then the Go......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..

Category: Property Law | Date: | Hits: 42

Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)

....t when a Government servant is to be proceeded against under sub clause (iii) of clause (d) of Rule 3 and the authority is of the opinion that the allega­tions, if established, would call for a major penalty, the authority shall at first frame a charge and specify therein the penalty propose......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..

Category: Administrative Law | Date: | Hits: 94

Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)

.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......ed to Upendra Nath, Charu Bala, Sabitri, Uma Charan, Radhakanta, Laxmi Kanta, Amullya Ratan and Gopal Candra. On the death of Uma Charan, defendant No.1 who as his only son inherited his share. The shares of Upendra, Charu Bala and Sabitri devolved upon defendant No. 2.  While the shares of..

Category: Property Law | Date: | Hits: 82

Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)

.... sons including the appellant and one daughter were also born and that the appellant in his deposition stated that when the alleged gift was made by his mother in the years 1941 and 1951, he was a major and the second husband of the plaintiff was also alive at that time, the deeds of gift dated ......ity in the decision of the    High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ..

Category: Procedural Law | Date: | Hits: 87

Arun Karmakar Vs. State, 2002, 31 CLC (AD)

....such the said confinement is on the very face of it is illegal, (ii) whether a detune who is a minor can be kept in confinement for an indefinite period by a court for the purpose of determination of majority or minority on conclusion of trial, which is not warranted by law and is illegal or imprope......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..

Category: Criminal Law | Date: | Hits: 34

Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)

....any cogent reason to differ with the judg­ment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......any cogent reason to differ with the judg­ment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ..

Category: Property Law | Date: | Hits: 22

K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)

....to get a decree for the claimed amount. The trial Court came to an erroneous finding to the effect the plaintiffs' claim of Tk. 74, 71,536.00 in unreasonable which has misled it to dis­miss the major claim of the Bank and anomalously the trial Court had decreed the suit-in-part. 9.&nbs......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..

Category: Banking Law | Date: | Hits: 97

Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......lowing the pre-emption case. 2. The facts, in short, are that the case holding under R.S. Khatian No. 2185 in R.S. Plot No.12753, measuring .24 acres belongs to Rajoni and Monomohan in equal shares. Thereafter one Azizur Rahman purchased .12 decimals and the other 12 decimal was purchased ..

Category: Property Law | Date: | Hits: 25

Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)

....ew of the judgment passed by this Court. We find no merit in this review peti­tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......est as mentioned in the plaint and the deed dated 12.01.1968 in respect 0.33 acres of land is fabricated. The case of the defendant Nos.16-18 is that the heirs of Badia Sheikh got their respective shares in the land according to the law of inheritance. After the death of Rahimun Nessa the defend..

Category: Property Law | Date: | Hits: 28

Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 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: 14 MLR (AD) (2009) 111. ......t land is vital in respect of granting status quo; the defendant Nos.18, 60 and 61 got the sole decree in the year of 1966 and since then the defendants possessed the suit land in their respective shares for more. then 30 years and admittedly the defendants being the co-sharers in the suit land ..

Category: Property Law | Date: | Hits: 27

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......dants got the land recorded in Khatian No. 483/1 and paying rent as against that Khatian; that the Keramat Ali died leaving seven sons and a widow, that defendant Nos. 3-5 and 7-9 had gifted their shares on 08.01.1991 to the defendant No.1; that when the defendant No.1 claimed his share to the e..

Category: Property Law | Date: | Hits: 23

Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)

....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..

Category: Property Law | Date: | Hits: 74

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

.... 2000.]) Judgment               Md. Ruhul Amin CJ. - This is an appeal which has been allowed in part by majority judgment. The conviction has been maintained, but sentence of Death has been commuted to im......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..

Category: Criminal Law | Date: | Hits: 62

Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)

....y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ...... for declaration of title in the suit land described in the schedule of the plaint stating, inter alia, that the land of C.S. Khatian No.781 belonged to one Golam Ali and Basarat Ali having equal shares of 8 annas each and the land of C.S. Khatian No.803 belonged to Golam Ali, Basarat Ali and M..

Category: Property Law | Date: | Hits: 22

Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)

.... no 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) 970. ......1643 along with one Haji Abdur Raquib and they became the owner of the plot of Dag No. 1642 by way of jote settlement and of plot in Dag No.1643 by way of possessing the said land jointly in equal shares and subsequently Haji Abdur Raquib transferred his 8 annas share to the plaintiff in lieu of..

Category: Property Law | Date: | Hits: 29

Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)

....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......corded in excess, that the plaintiffs requested the defendant to give them their due share in respect of the land of the Jote but the defendant declined to partition the land of the Jote as per due shares of the parties, that the defendant No.1 has transferred land to others in excess of his sha..

Category: Property Law | Date: | Hits: 32

Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 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: V ADC (2008) 878.  ......ned Advocate for the petitioners submits that the High Court Division erred in failing to appreciate and consider that the plaintiffs of Other Class Suit No. 105 of 1998 admittedly claimed 8 annas shares out of 62.66 acres of land for which the plaintiffs sought for partition but the trial court..

Category: Property Law | Date: | Hits: 22

Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)

.... bainapatra are of the defendants and that they have executed the bainapatra, that the defendants received from the plaintiff Tk. 28,000/- towards the consideration money, that the defendants were major at the time of execution of the bainapatra, that the suit was not barred by limitation since ......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ..

Category: Civil Law | Date: | Hits: 74

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. ...... plaintiffs got right title and pos­session in 1.69 acre of land; the suit land is possessed by the plaintiffs as well as the defendants in ejmali and since the defen­dants did not give due shares to the plain­tiffs amicably inspite of request they were constrained to file the instan..

Category: Property Law | Date: | Hits: 20

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. ......an and plaintiff got this land by way of pre-emption in Miscellaneous Case No.88, 89 of 1986. The plaintiff being the eldest sons of Pran Gopal Saha was managing his own share of land and also the shares of his brothers after the death of his father from 10.01.1976. Defendant No.2 encroached upo..

Category: Property Law | Date: | Hits: 19