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Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ....... It is also undisputed that one Md. Harun-Ur-Rashid, U.D. Assistant of the same Department who rendered 6 years 2 months and 27 days of services on work-charged basis, on his retirement was given full pension benefits covering the period of his services as an work-charged employee but in the ca......ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ..Category: Administrative Law | Date: | Hits: 115
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....late Court below by its judgment and order dated 7.10.2003 sent the suit back on remand to the trial Court for disposal by obtaining a medical report on the defendant as to whether she was a barren woman. 5. The defendant-petitioner then moved the High Court Division in revision and the Hi......correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ......t of DNA test of the plaintiff and the disputed child when the suit could be well-disposed of on the basis of the evidence on record adduced by both the parties and as such there has been a miscarriage of justice. 7. We are not impressed by the submissions of Mr. Kazi Shahadat Hossai..Category: Civil Law | Date: | Hits: 128
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. ......c 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 categorically and peacefully asserting their right, title, interest and possession in this suit lands. 4. Thei......efendant Nos.1 and 2 in that suit and these plaintiffs filed written statement in that suit claiming the land of R. S. Plot No.1246 and other lands as well the partition suit was at hearing stage. That the part of P.S. Plot No. 1246 was acquired by the Government for construction of embankm..Category: Property Law | Date: | Hits: 25
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......n the Miscellaneous application. In his written objection respondent No.1 stated that he is in possession of the case land; the petitioner had knowledge of the transfer since the vendor is his full brother-in-law who offered to sell the disputed land to the petitioner and his brother. ......der Section 96 of the State Acquisition and Tenancy Act with the proper deposit of the consideration amount. He claimed that he is in possession of the disputed land till today as it was mortgaged to him at TK.55, 000.00 and the respondents never came to possession of the disputed land..Category: Property Law | Date: | Hits: 20
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......ment, was permissible and so those cases are of no help to the petitioners; in the Code of Civil Procedure there is no provision for rehearing of the civil revision disposed of on merit by writing full judgment on merit; the provisions of Order XLI, rule 21, CPC are applicable in case of appeals......n Civil Revision No. 14 of 1992 and also obtained an order of stay for 3 months which was subsequently extended till disposal of the Rule; the petitioner being of the impression that their sole engaged lawyer Mr. Jitendra Narayan Deb was looking after the above civil revision and was taking all ..Category: Trust/Waqf Law | Date: | Hits: 199
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......er. 3. The suit was contested by the defendant Nos.1-9 by filing written statement denying the material averments made in the plaint and stating, inter alia, that Firoz Bhuiyan and Abu Sufian were full brothers and they used to live jointly, that Firoz Bhuiyan used to look after financial transac......n put his signature on the Hukumnama as a witness, that Abu Sufian was a clever man and though was not ever the owner and possessor of the land in suit, yet in collusion with the survey officials, managed to get his name recorded in the SA khatian in respect of half of the land taken settlement by F..Category: Property Law | Date: | Hits: 33
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ...... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ......solute the Rules obtained against the memos dated 16.3.1997 and 2.4.1997 respectively retiring the respondent No.1 in both the appeals from their services on completion of their 57th years of age. 2. The respondent No.1 in Civil Appeal No. 196 of 2000 filed Writ Petition No. 2822 of ..Category: Employment/Service Law | Date: | Hits: 90
Md. Abdul Muttalib Vs. Md. Abdul Wahab, 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) 237. ......he further case is that the defendant No.1 created a kabala deed dated 21.04.1988 showing transfer of .5 ½ decimals of land in his favour by Pankoj, Taposh and Asim, Sons of Bashu Deb, full brother of Mohendra. The plaintiffs further allegation is that the kabala deed dated 21.04.198......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) 237. ..Category: Property Law | Date: | Hits: 26
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. ......n 6(six) weeks. 8. The learned Counsel for the petitioner though submitted touching the merit of subject matter of the Rule but it is too early in the day to make any comment unless there is full dressed hearing of the matter before the High Court Division on merit. The High Court Divisio......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. ..Category: Property Law | Date: | Hits: 35
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
.... Division contending, among others, that the said order of the Artha Rin Adalat was illegal being in violation of section 56 of the Code of Civil Procedure which prohibits arrest or detention of a woman in civil prison in execution of a decree inasmuch as the provisions of the Code of Civil Proc......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ...... of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into execution by filing Money Execution Case No.2 of 1991 and at one stage filed an application with the prayer for making an order for civil imprisonment of the defendan..Category: Civil Law | Date: | Hits: 111
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
....iled to produce the scribe or any other attesting withness of the deed. 15. It further appears that one Golam Mostafa was produced who deposed as P.W.2. He deposed that they did not see the woman executing the deed of gift only her hands were seen by them at the time of putting thumb impr...... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ...... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ..Category: Property Law | Date: | Hits: 24
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......cimals of land to defendant No. 5 on October 13, 1985 and defendant Nos.1 and 2 sold 15½ Decimals of land defendant No.5 on October 12, 1985, that defendant Nos. 1-3's mother and their full sister sold 12 decimals of land to defendant No.7 on October 12, 1985, that defendant Nos. 5 a......cal Circle Officer under the provision of Ordinance No. 28 of 1976 but the same was dismissed on April 22, 1981, that defendant No.1 in collusion with the personnel of the local Revenue Officer managed to procure a forged order showing allowing the application filed by defendant No.1 and on the ..Category: Property Law | Date: | Hits: 18
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......at Ain the suit has to be tried by a civil Court and relied in the case of Sultana Jute Mills Ltd Vs. Agrani Bank reported in 14 BLD (AD) 197 where it has been held that Artha Rin Adalat is not a full fledged civil Court which has no jurisdiction to adjudicate upon the defendant's ple......with intention to contest the same. Upon a plain perusal of the plaint of the suit, it was apparent, from paragraph No. 23, that the respondent No. 2 had the benefit of an equitable mortgage upon the immovable assets of the proforma respondent No.3. Yet, the respondent No. 2 filed the ..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......ned Munsif was set aside and the learned Munsif was directed to dispose of the matter relating to temporary injunction after giving the opportunities to the parties to place their respective cases in full. It was also directed by the said order that the status quo should be maintained in respect of ......n interlocutory matter relating to temporary injunction. 2. The respondent has instituted a suit against the appellants for a permanent injunction for restraining them from blocking an alleged passage, described in Schedule B to the plaint, and from disturbing his possession in respect thereof on..Category: Property Law | Date: | Hits: 31
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......t and decree dated August 27, 1976 of the Additional Court of Munsif (now Assistant Judge) (in charge of 1st Court of Munsif), Goalanda, Faridpur in Title Suit No.120 of 1971 decreeing the same in full and thereby declared the title of the plaintiffs in the land in suit and also allowed the...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ..Category: Property Law | Date: | Hits: 21
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......the applicants coming from certain districts from applying for the posts advertised amounts to denial for their to have the equal opportunity. The reference given to the petitioners by relaxing the age limit has been frustrated by the restriction imposed in the advertisement. 3. Being aggr..Category: Employment/Service Law | Date: | Hits: 70
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......case there is also no evidence as to when the plaintiff started to possess adversely against real owners and when such possession became hostile; P.W. 1 in her deposition admitted that even after the full payment no attempt was made to get any document from the original owners and no demand was also......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..Category: Property Law | Date: | Hits: 39
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......onal Economic Council (ECNEC) on 29.1.1992 and the Project Pro-forma was thereafter made and approved by the Government on 24.9.1992. This Project comprised of five sections: (a) Integrated Pest Management (IPM), (b) Surveillance, Forecasting and Early Warning, (C) Plaint Quarantine (d) Pesticide..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......nsideration of Tk. 3,000/- and upon receiving Tk. 2,800/- exectited an agreement for sale, that Mohendra Kumar Nath being in debt and also for performing religious rites and ceremonies in old age was in need of money and for that felt the necessity of selling the land as regard which he ent..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......he aforementioned two appeals. Rather it seems that the petitioner pressing the grounds wants us to sit over our judgments as a Court of Appeal simply because we failed to get in the appeal after a full-fledged argument cannot be obtained in a review petition like the present one which in a circ...... the appellant touching the necessity of the order of detention of the respondent has been answered in the impugned judgment. In defining the scope of a review of this Court in the case of General Manager Jamuna Oil Company Vs. Chairman Labour Court, Chittagong Division and others reported in 6 MLR ..Category: Procedural Law | Date: | Hits: 107
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