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Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)

....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ..

Category: Property Law | Date: | Hits: 30

Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....e petitioners and Mr. Zainul Abedin, the learned Advocate-on-Record for the respondents and perused the judgment of the High Court Division and other connected papers on record. 6. It is not disputed that the writ petition­ers were licencess in respect of Government khas land and after...... Division upon correct Assess­ment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 381. ..

Category: Property Law | Date: | Hits: 26

Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)

....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ...... court of learned Assistant Judge, Ulipur under Kurigram for declaration alleging, inter alia, that the suit land was originally owned by Mahir, Jaher, Meharun Nessa, Joygun, Jahiran, Masiran under khatian No.817 with an area of 2.13 decimals of land out of said khatian which fell in the share of..

Category: Property Law | Date: | Hits: 23

Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..

Category: Property Law | Date: | Hits: 28

Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)

....d the provi­sion of Rule 6 and 7 of the Cinematograph Rules we are of the view that the impugned order restricting the petitioner right to have a licence in his own name considering the existence of disputed question of title between the parties and as such the licensing authority may exercise its ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..

Category: Civil Law | Date: | Hits: 128

Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)

....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ..

Category: Property Law | Date: | Hits: 22

Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)

....or Taka 2,369.00 was issued for incidental expenses of the School, cheque No. 507364 dated 21-7-1993 for Taka 9,000.00 for develop­ment of the School, cheque No. 5075365 dated 9-9-1993, which is the disputed cheque, for Taka 65,763.00 was issued for payment of salary to the teachers and staff of th......e-on-Record for the petitioner merits no consideration.  Accordingly, the petition is dismissed. Ed.  This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..

Category: Criminal Law | Date: | Hits: 65

Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)

.... sale, we direct the first party to go to the civil Court for a decision of their title and possession within one year from the date and until a decision given by the civil Court in respect of the disputed property the receiver shall continue to remain in possession as before and shall submit ac......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ..

Category: Criminal Law | Date: | Hits: 34

Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)

....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......as possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece of land measuring 15 decimals, a part of C.S. Plot No.45 having an area of 8.24 acres appertaining to khatian No.306 of mouza Dakshin Chandpur, P.S. Damurhuda. 3. The suit plot originally belon..

Category: Property Law | Date: | Hits: 36

Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

....l court in this respect. It is also patent that the appellate court did not reverse the finding of the trial court that the plaintiff failed to prove that the agreement for reconveyance (Ext. D), the disputed deeds of recon­veyance and subsequent sales were collu­sive, fraudulent etc. The appellat......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ..

Category: Property Law | Date: | Hits: 66

Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)

....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ...... co-sharers having not been impleaded in the application of pre-emption the application is not legally maintainable. As a matter of fact, some of the S.A. record­ed tenants as appeared from the khatian filed in this case have been omitted. In view of the legal position the application for pre..

Category: Property Law | Date: | Hits: 34

Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)

....kbul Bhuiyan and Shamsuddin. They have been owning, possess­ing and enjoying the entire 'A' schedule land inclusive of the 'B' schedule land. But defen­dant No. 1 encroached and trespassed upon the disputed 'B' schedule land. Hence the suit for declaration of title and recovery of possession in re......nd that as a prudent man Sheikh Bagu must have noticed in the sale deed which lands were sold to Abdul Barek and oth­ers. It was further found that the plaintiffs had produced their kabala 'and S.A. khatian and rent-receipts in the lower appellate court to show their continuous possession but the s..

Category: Procedural Law | Date: | Hits: 36

Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)

.... has no obligation either to deny the facts alleged by the claimant or to  disclose the basis of  treating  the property as abandoned property merely because  the same is  disputed by the claimant. 7. But in the present case the claimant of the building discharged......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ..

Category: Property Law | Date: | Hits: 30

BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)

.... petition impugning the order being Nothi No. 3(115)/Ka:Ma:Pra:/ 2000/475 dated 30.9.2001 of the National Board of Revenue rejecting the writ petitioner’s prayer for exemption to deposit 20% of the disputed tax at the time of filing appeal before the Taxes Appellate Tribunal against the order date......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)

....uisition and Tenancy Act 1950. 10. Mr. Alam further submits that the lower appellate court having held that the plaintiff could not prove by producing the gazette notifi­cation that the disputed plot is a part of Government "reserved forest and accordingly the learned Additional ......ted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for dec­laration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. S. Plot No. 1474 under khatian 1/29, Touzi No. 133 of Kaliakoir Mouza within P.S. Kaliakoir Dist. Dhaka and for further de..

Category: Property Law | Date: | Hits: 35

Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)

....dul Wadud Bhuiyan, the learned Counsel for the respondent Nos. 1, 2(a) to 2(g) & 3(a) to 3(c) and 4 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit plot Nos. 1662 , 1600, 1596, 1606 1350 and 1410 of mouza Araisha Proshad, Dis......er­ence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...

Category: Property Law | Date: | Hits: 42

Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)

....as granted to consider the submissions of the learned Counsel for appel­lants that the allegations made in the Writ Petition having been denied by the Writ-respon­dents the same become the disputed questions of fact which could not be decided in the writ jurisdiction and accordingly the ......f the powers con­ferred by section 20 of the Ordinance was pub­lished in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..

Category: Employment/Service Law | Date: | Hits: 105

Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)

....9, which pro­vides that nothing in this section shall apply to a transfer made to a co-sharer in the Tenancy whose existing interest has accrued otherwise than by purchase. It appears that the disputed transfer was by Heba and not by purchase. Therefore, the prayer of the appellant must fail......ain­able against her and the appeal must fail. Accordingly, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..

Category: Property Law | Date: | Hits: 33

Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)

....The pre-emptor respondents are the daughters of Syed Siddique Hossain who never executed any power of attorney. On 4.7.1974 the said attorney executed and registered a deed of agreement to sell the disputed land of the kabala in favour of the pre-emptee appellant. Subsequently, when the attorney ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..

Category: Property Law | Date: | Hits: 35

Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)

....te-on-record for the appellant and Kazi Shahadat Hossain, the learned Counsel for the respondent and perused the judgment of the High court Division and other connected papers. 8. It is not disputed that the plaintiff appel­lant married the defendant respondent on 14.12.1988 and out o......d to go to their father forthwith is maintained. The appeal is accordingly disposed of with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..

Category: Family Law | Date: | Hits: 161