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Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)

....n to the Office of Chairman of the aforesaid Union Parishad held on 10. 2. 88. Respondent No. 1 was the sitting Chair­man at that time. On the date of scrutiny on 11.1.88 he filed an application for cancellation of the nomination paper of the appellant on the ground that he was disqualified for ele...... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..

Category: Election Law | Date: | Hits: 130

Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)

....t and the plaintiff infact did not execute any deed of heba bil-ewaz and becoming aware of the aforesaid heba bil-ewaz obtained by the defendant through fraud practised upon her filed the suit for cancellation of the deed and that the suit was contested by the defendant insisting on the assertio......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ..

Category: Property Law | Date: | Hits: 30

Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)

....e. Heba-bil-ewaz deed made in favour of Rahela, daughter of Rativan Bibi. The trial Court also held that the suit was not maintainable since plaintiff being a party to the document did not pray for cancellation of the same but filed the suit seeking merely declaration that the deed is fraudulent......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is  allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 30

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

....taking advantage of monthly tenancy got the RS record prepared in his name and managed to pay rent, that when the defendants noticed the said fact they filed petition before the Revenue Officer for cancellation of the RS record mutating the name of the plaintiff and the Revenue Officer corrected ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 36

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....lic inspection and that copy of said electoral roll would be available to a person when applies therefor on payment of pres­cribed fees. Sub-section 7 of section 7 of the Ordinance provides for cancellation of an electoral roll of any electoral area or constituency or draft thereof by the Co......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..

Category: Election Law | Date: | Hits: 159

Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)

.... in the First Court of Sadar Munsif, Sylhet, with regard to a kabala executed by Haji Jabedullah on 16th May, 1953. The said Haji Jabedullah filed a counter suit, being Title Suit No. 31 of 1964, for cancellation of that kabala. The trial Court decreed Title Suit No. 289 of 1963 and dismissed the Ti......ned judgement does not suffer from any infirmity. At this stage we need not en­quire into the merit of the case. The appeal is dis­missed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127..

Category: Criminal Law | Date: | Hits: 45

Hazi Waziullah Vs. Additional Deputy Com­missioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......ead­ings of the parties to litigation is admissible to establish the allegations made by them on that occasion." 9. In that case the plaintiff denied that the defen­dant had obtained an order of mutation from the Revenue Officer, but he was confronted with an or­der of the Collector which show..

Category: Procedural Law | Date: | Hits: 146

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....ection Commissioner AIR 1978 (SC) 851. 'The Indian Supreme Court noticed sec­tion 58 and section 64A of the Representation of the people Act wherein the Legislature envisaged the ne­cessity for the cancellation of poll and ordering of re-poll in particular polling stations where situation may warr......rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..

Category: Election Law | Date: | Hits: 165

Abdul Kader & ors. Vs. A. K. Noor Moham­mad & ors., 1984, 13 CLC (AD)

....No. 12 and another and obtained a com­promise decree in collusion with each other on 22 August, 1966. The predecessor of defendant Nos. 3,5 filed Title Suit No. 90 of 1967 in the same court for cancellation of the compromise decree but the plaint was rejected for non-payment of court fee. De&......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..

Category: Property Law | Date: | Hits: 36

Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)

....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59...

Category: Procedural Law | Date: | Hits: 93

Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)

....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 220. ......tified copies of application for separation of the old jama which was registered as Mu­tation Case Nos. 1367(IX-1) 1977-78 and 1368 (IX-1)/1977-78, orders separating the old holding in the same mutation cases and the new Khatians bearing Nos. 3067 and 3068 as annexure A, A (1), B, B (1), and..

Category: Property Law | Date: | Hits: 34

Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)

....gated. In this connection his further contention is that the Government does not appear to have exer­cised its authority under the provisions of Article 10 of the aforesaid Order before the order of cancellation of the contract for sale was passed by the Government. In such circumstances, the tri...... The order of abatement is vaca­ted and the suit will now proceed in accor­dance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..

Category: Property Law | Date: | Hits: 38

Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)

....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......n there. 7. In second Appeal the High Court Division without considering the oral evidence, of the witnesses of the parties sot aside the judgment of the appellate Court. It laid much emphasis on mutation papers and the plaintiffs rent receipts which were not challenged by the defendants and hel..

Category: Property Law | Date: | Hits: 31

Muzaffar Ali and other Vs. Government of Bangla­desh and another, 1991, 20 CLC (AD)

....aration and establishment of title on the basis of exchange, agreement or other claim. It is pertinent to observe that Proddyut Kumar Bose admittedly filed an application before the ADC (Rev.) for cancellation of the document on 7.4.80. He in his affidavit‑in‑opposition said that he ...... of settlement having been executed by the ADC (Rev.), Dhaka, in exercise of powers conferred by the Government by Memo dated 29.11.77 (Annexure F) and the said settlement having been confirmed by mutation of the name of the appellants in the records of the Government and by realising rent, the ..

Category: Property Law | Date: | Hits: 36

Haruni Fisherman Co­operative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

....nt Society filed an application for adjournment. The claim by the ap­pellant Society that it was not aware of the proceed­ings regarding the fishery before the Government culminating in the implied cancellation of the lease in its favour which appeared from the Minister's or­der on 20th September......i ever arises requir­ing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs.   Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..

Category: Property Law | Date: | Hits: 34

Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)

....objection thereto and shall extend all reasonable assistance therefore; (ii) Cancelling the licence at any time with­out assigning any reason whatsoever and requir­ing the Licensee upon such cancellation to:- (a) quite premises; (b) remove at licensee's own cost and with­in 15 day......to act as a licensee for the unexpired period of the licence that will ex­pire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..

Category: Others | Date: | Hits: 103

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....gment November 23, 1986. Civil Appeal No. 41 of 1985 The Public Demands Recovery Act, 1913 (III of 1913), section 36 The plaintiff-respondents did not seek any relief against the order of cancellation of the order of setting-aside the auction sale. The respondent’s allegation of fraud ......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..

Category: Property Law | Date: | Hits: 35

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....ses and earned ill-reputation in the locality for his rude and rough behaviour. The Chairman of Fakirhat Union Parishads submitted a prayer to the Deputy Commissioner, Bagerhat (Respondent No. 1) for cancellation of license of the revolver of the appellant and confiscation of the same. It was, inter......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal ef­fect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....cords without giving any inti­mation to the Chairman or informing the elected commissioners. This has been mentioned in the de­mand notice of justice that was given by their law­yers demanding the cancellation of the impugned or­der (see paragraphs 5 and 6 at page 148 of the pager book). This wa......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..

Category: Election Law | Date: | Hits: 118

Mozher Sawdagar Vs. M. Zahirul Alam, General Manager, BD Shipping Corporation & others, 1988, 17 CLC (AD)

....." In view of this position, the learned single Judge is found to have made no error in holding that no prima facie case as to violation of the terms of the tender notice has been made out justifying cancellation of he tender of respondent No.4. 15. Mr. Rafiq-ul-Huq next contends that this vessel...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ..

Category: Business or Commercial Law | Date: | Hits: 95