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Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....itration obtainable, from the Association by requisite fees should be addressed by either parties to the Registrar of the Association and submitted to the Registrar within six months from the date of cancellation of the contract. The Registrar may accept the application which is submitted after six ...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....Upendra Nath Barman again filed the Title Suit No.4 of 1963 in the same Court and obtained an ex parte decree on 2‑9‑1963. The present plaintiff, Mossammat Anowara Begum has then filed a suit for cancellation of that ex parte decree being the Other Suit No.37 of 1966 in the same Court and the sa...... Other Class Suit No.100 of 1978 for declaration of his title as he has acquired his good title by virtue of his long standing adverse possession and got an ex parte decree in it. He also applied for mutation of his decretal land and then came to learn that the husband of the plaintiff has applied f..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....ed by the aforementioned LA cases for allotment of residential plots in Badda Rehabilitation Area, and that the said notification has been made reserving right to the RAJUK for non‑consideration or cancellation without assigning any reason application(s),filed seeking allotment of plot in, the Reh......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....31. It was contended on behalf of the defendant-opposite-party that the suit was not maintainable in the absence of any relief for declaring the deeds being 965 and 966 dated 30‑1‑70 void and/or, cancellation thereof It was also contended that the suit without amendment of the plaint for recover......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......1. 17. The learned Advocate for the respondents argued that Exhibit CC and AA are forged documents and no reliance can be placed on these documents. Exhibit CC is the certified copy of mutation register book in respect of 48 shares of the Nipuchapur Tea Estate. Jalpaiguri. It is clea..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......ptees that S.A. Khatian was not correctly prepared because neither pre-emptor (Respondent No.1) nor his vendor was co sharer of Respondent No.2 and that he (pre-emptees)after purchase applied for mutation of his name and accordingly his name was mutated in the S.A. Khatian and the jama was separ..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......separation of the jama no appeal has been preferred against the order passed by the Revenue Officer indicating also that the separation of the jama has been accepted. The mere fact that notice of the mutation proceeding has not been served on the respondent can not defeat the final order passed by t..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
.... Then, the defendants invited new tender for completion of the work at a cost of Taka 80,80,888 with enhancing the length of bridge to 150 meters. The plaintiff suffered loss of Taka 65,83,669.60 for cancellation of the work order, Hence, the application. 8. By filing a written statement, the d......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
.... and 2 in their affidavit-in‑opposition have stated that the allegation of malafide in cancelling the appointment of the writ-petitioner is not correct and that the allegation that cancellation of the appointment of writ‑petitioner was made for collateral purpose is also no......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... the letter dated June 8, 1997. By the letter dated September 13, 1998 the Ministry of Law, Justice and Parliamentary Affairs cancelled the appointment of Advocate Mr. Md. Borhanuddin. The order of cancellation of the appointment of Advocate Mr. Md. Borhanuddin was challenged by Mr. SM Jillur Ra...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....released on the third day as was intimated by the respondent No. 4 in the impugned order dated 18‑11‑1998. On receipt of the said impugned order the petitioner filed an application for cancellation of the said transfer order and she also filed another application on 17‑12‑......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....t, a writ petition cannot be founded merely on contract, but when a contract is concluded the contractor has a legitimate expectation that he will be dealt with fairly." 46. In such event, the cancellation of the contract unilaterally without regard to the subsequent development is a high fea...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... Alam and others..................... Respondents Judgment November 3, 2003. The Constitution of Bangladesh 1972, Article 102 (2) Delay or prompt decision taken in the matter of cancellation of allotment in the circumstances of the case cannot be considered malafide or lacking ...... 1996 and the writ‑respondent Nos. 3 and 4 handed over possession of the plot to the writ‑respondent Nos. 6 9 on April 21, 1996, that after purchase the writ respondent Nos. 6‑9 applied for mutation of their names but their names were not mutated because of the pendency of the writ petitio..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......etitioners father Altaf Hossain possessed the remaining 0.0325 acre of land. He has further submitted that 1st party opposite party No.1 got the disputed 0.1650 acre of land recorded in his name in a mutation proceedings and was also paying rent in respect of his separate possession in pursuance of ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ...... The Code of Criminal Procedure, 1898 (V of 1898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not a..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......ian was finally accepted resulting in separation of jama and payment of rent separately by the 2 co‑sharers and that as it was contended by the pre‑emptors that they filed application for mutation of their names in place of original owner and that proposal for mutation was erroneously re..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....t, Pukuria Group Jalmahal, Companygonj, Sylhet and Turial Ganrail Group Jalmahal, Gongainghat. Sylhet till receiving of instruction, which has already been sought for, from the Ministry of Land since cancellation by the Central Committee of Jatiyo Motshajibi of the previous Committee and appointment......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....n the matter and, as such, no Injunction could be granted at his instance inasmuch as the suit is neither a suit filed in representative capacity by the plaintiff nor a relief has been sought seeking cancellation of the decision to construct the school at the new site and, as such, the High Court Di......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
.... plaintiffs. Defendant No. 1 claimed to have acquired the suit land by successive settlements from the original owner and also on the aforesaid compromise decree. Various suits instituted earlier for cancellation of the compromise decree failed. Defendant Nos. 3 to 5 claimed through successive purch......operty left by their mother on the ground that after her marriage in 1938 she lost her interest in the property under the custom. Sister resisted the claim pleading adverse possession on the basis of mutation in her name in 1915. The custom was that a daughter enjoyed limited interest in the propert..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......uisitioned or the possession thereof was restored to their predecessors‑in‑interest of the respondents upon refund of compensation money. Therefore, any mistaken approval of plan and mutation or names in tire record of rights do not have any bearing on the question of title and poss..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202