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Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ......id not disclose in their written statement as to when Yasin Ali took settlement of the suit land and that they did not file any paper of jote right, rather D.W. 1 admitted that the defendants have no rent receipts during the tenure of Yasin Ali Ext. A. The kabala by which Wasir Ali, Modaris Ali and ..

Category: Property Law | Date: | Hits: 76

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....incumbent is selected for promotion the list should con­tinue until it is exhausted and thereafter step should be taken to select others who would follow the suite. Making of a long list than the expected vacant posts and putting a time frame and then again selecting others and preparing a new l......ndamental right. In the said decision Mostafa Kamal J. as his Lordship then was held:  "........If the petitioners merely prepared a list and kept it to themselves or their different depart­ments for implementation as and when possible the writ petitioners had nothing to co..

Category: Administrative Law | Date: | Hits: 130

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

.... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ......ant No. 2 A.B.M. Emdadul Huq as defendant Nos. 1 and 2 respectively for their ejectment from the suit, premises as the monthly ejectable tenant on the ground of default in the pay­ment of monthly rent. The suit was decreed ex parte on 15-7-69. Thereafter those defen­dants as plaintiffs insti..

Category: Procedural Law | Date: | Hits: 83

Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)

....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ...... adverse possession has been wrongly mis­construed by the learned Single Judge of the High Court Division and on that view wrongly dismissed the suit. The learned Advocate further submits that concurrent findings of fact as possession of the plaintiff for more than 12 years has been wrongly set asi..

Category: Procedural Law | Date: | Hits: 112

Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)

....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ....... 312. In that partition suit plaintiff Moulana Serajul Haque was allotted the present suit land in his share. The plaintiff got his name recorded his name in Khariji Khatian No. 322 of 1984 and paid rent regularly. The plaintiff also got permission from the proper authority to construct two storied..

Category: Property Law | Date: | Hits: 175

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ......of the plain­tiffs that those papers were lost, so the plaintiffs could not file those. The trial court found that on the basis of the S.A. record prepared in the name of the plaintiffs they paid rent to the Government and pro­duced 17 dakhilas before the Court. The trial court further obser..

Category: Property Law | Date: | Hits: 63

Mohiuddin and oth­ers Vs. Shwkat Ali and oth­ers, 2006, 35 CLC (AD)

....to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ......Amir Ali accordingly made settlement of the suit land in favour of Mojibur Rahman. In pursuance of the set­tlement Mojibur Rahman executed three kabuliyats in favour of the plaintiffs who granted rent receipts on realization of rents. The  S. A record of right was prepared in the names of t..

Category: Property Law | Date: | Hits: 57

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

...., felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ......s one daughter and a wife. In Khatian No. 98 Serajul Haque Mukter was the owner who settled the land with Abdus Satter and Abdur Razzaque was recorded as Khatian No. 99 in District Settlement. As the rent fell in arrear with regard to the land of Khatian No. 99 Abdul Haque Chowdhury, son of Serajur ..

Category: Property Law | Date: | Hits: 73

Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)

....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ......ers. A. Rahim was the eldest. Nur Ali died before R.S. operation leaving one wife Bibijan, two sons Abdur Rahman and Abdul Majid, two daughters Asiya Khatun and Ayeshsa Khatun. Abdul Majid was indifferent towards world affairs and Abdur Rahman was away from home in Burma. Consequently during RS surv..

Category: Property Law | Date: | Hits: 66

Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)

....agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......landlord, respondent  No. 1 as plaintiff instituted the above S. C. C. Suit against the petitioner and proforma-respondent Nos. 2-5 for eviction from the suit premises upon realization of arrear rents and also for payment of compensa­tion on the ground of default in the pay­ment of rent..

Category: Property Law | Date: | Hits: 54

Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)

....t was brought to the notice of the Chairman des­ignate that the latter writ petition is a part-heard matter and the hearing will resume from tomorrow and the judgment of the said writ petition is expected to be delivered very soon and that judgment will also help them resolve all the legal issue......the AGMs in question but the contemners willfully and deliberately possibly acting at the behest of some interested quar­ters floated the orders of the Court.  10.  This is further apparent from the record that by judgment dated  17th May 2003  on an  application for ex..

Category: Business or Commercial Law | Date: | Hits: 118