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Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......osure of the date as to receipt of notice by the accused and failure to mention any legal cause of action in the petition of complaint the proceeding cannot be allowed to continue is an error apparent on the face of the record, inasmuch as "Such date of receipt of notice can never be within the ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....applying the provisions of the Ordinance and for choosing only such offence or cases as affect public safety, maintenance of public order and preservation of peace and tranquility. Thus, the State is expected to select only such offences or classes of offences or class of cases for being tried by th......cide which sorts of cases would go to Druto Bichar Tribunal. The laws of the land should be uniform. One set of accused persons under the same sections within the jurisdiction cannot be tried by different Courts, and the matter is totally contrary to the provisions of Articles 27 and 31 of our Const..Category: Criminal Law | Date: | Hits: 59
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....having no work to perform and in resolving this matter the Ministry of Agriculture in the year 1992, offered a voluntary retirement programme and the said programme though continued but did not bring expected result in dispensing with the excess manpower of BADC and further no fund was also availabl......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ould be taken to be a valid sanction. 15. Mr. Hossain, lastly contends that our nation is now going through a period of crisis and in this situation the highest Court of the country is not expected to do anything out of the ordinary at this time. Because to do so would set a bad example ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......e land of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6.4.1990 and was possessing the same by mutating her name in the S.A. Khatian and paying rent to the Government. Monowara Islam after taking allotment started a Restaurant named Flora Rest..Category: Criminal Law | Date: | Hits: 32
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ...... 14 and that S.A. Khatian Nos.165, 95 and 36 in respect of the suit land with other lands were correctly prepared in the name of the plaintiffs and the plaintiffs paid rent to the Government regularly and that the defendant No. 1 and the defendant Nos.2 to 12 or..Category: Property Law | Date: | Hits: 19
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......vidence on record or misconstruction of any document or that finding are perverse and contrary to law or evidence resulting in an error in the decision occasioning failure of justice, the concurrent findings can not be interfered with by the revisional Court under Section 115(1) of the Code of..Category: Property Law | Date: | Hits: 21
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ...... been in possession of the suit lands by creating 'Dona' of catching fishes and then by growing grass with specific boundary demarcating upto the watering portion of the Bay of Bengal on payment of rent to the authority concerned within the knowledge of the respondents and all concerned categori..Category: Property Law | Date: | Hits: 25
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......uit stating, inter alia, that he purchased the land from one Nalini Ranjan Das and constructed 2 huts and let out the same to Amir Ali Khan and Amir Ali Khan having had defaulted in the payment of rent defendant filed SCC Suit No. 3 of 1997 and that during the pendency of the SCC suit Amir Ali K..Category: Property Law | Date: | Hits: 23
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ...... the alleged settlement in the name of the father of the plaintiffs is on the basis of forged, collusive, fraudulent and ante-dated papers which has been created for the purpose of the suit, the ex-rent receiver had no right or authority to settle the forest land with the predecessor of the plain..Category: Property Law | Date: | Hits: 31
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ...... case of the plaintiff that since her date of agreement she is possessing the property in suit by obtaining electricity, gas and WASA connection and also after purchase mutated her name and paying rent and rates to the Government and other Organisations. The further case of the plaintiff is that..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......ntiffs were in possession of entire land of Plot No. 7612 i.e. 200 ajutangsha land, and during pendency of the suit the defendants dispossessed them from 72 ajutangsha land and the courts below concurrently found that the plaintiffs were dispossessed by the defendants and the defendants were not in ..Category: Property Law | Date: | Hits: 28
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......stant Judge and S.C.C. Judge, Bogra in S.C.C. Suit No. 07 of 2002 decreeing the suit. 3. The suit was filed seeking ejectment of the monthly tenant i.e. the petitioner herein and for recovery of rent due till disposal of the suit. 4. The ejectment of the tenant was sought on the ground of ..Category: Tenancy 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. ......and in favour of the defendant Nos.1, 2 and 3 Hamida Khatun and Monowara Khatun in the first part of 1353 B.S. The deed of settlement was granted in the name of the defendant No.1. The rent receiving interest of Noresh Chandra Basu was sold in auction under Act No.11 of 1959 and it ..Category: Property Law | Date: | Hits: 23
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. ......ame in S.A. record, that Monindra Kumar Shaha by the deeds dated 24.9.1968 and 30.9.1968 sold 1.50 ½ acres of land to Sawkat Ali Khan and said Sawkat Ali Khan mutated his name and paid rent and since purchase he is in possession, that Monindra Kumar Shaha and Rajendra Kumar Shah..Category: Property Law | Date: | Hits: 21
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. ......the names of the defendants in place of the plaintiffs in the Khatian. On appeal the appellate officer directed for preparing the records in the names of the plaintiffs. The defendant then realized rent from the plaintiffs upto 1382 B.S. The plaintiffs have possessed the suit land uninterruptedl..Category: Property Law | Date: | Hits: 31
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. ......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 in the year 1975 before the Sub-Division Officer, Tangail and after due inquiries the Sub-Divi..Category: Property Law | Date: | Hits: 25
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. ......ials on record held that plaintiff acquired title in the land in suit on the basis of the decree in Title Suit No. 198 of 1970 and thereupon got his name mutated in the revenue record and paid rent, that the defendant failed to establish his contention that the decree in Title Suit No. ..Category: Property Law | Date: | Hits: 34
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......d 78 of Sonapur Mouza, District-Noakhali were prepared and recorded in their names. Mostafizur Rahman, proforma defendant purchased 0.57 acres of land from Plot Nos.466, 467, 468 and 469 from different recorded tenants between 1991 and 1995. While owning, possessing and enjoying the said p..Category: Property Law | Date: | Hits: 35
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......the defendant No. 1 by filing written statement denying the material averments made in the plaint and stating, inter alia, that after the expiry of the period for which the land was mortgaged rent having not been paid the landlord instituted rent suit and obtained decree and in execut..Category: Property Law | Date: | Hits: 37
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