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Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff that the land of CS plot No.366 of CS khatian No. 335 of Mouza Bara Maghbazar belonged to Abdul Gafur. He sold the same on October 31, 19..Category: Property Law | Date: | Hits: 44
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....the case land. The appellants contested the Misc. case, inter alia, on the ground that it was barred by estoppel, waiver and acquiescence as the pre-emptor himself assisted the vendors in selling the disputed land and encouraged the appellants to purchase the same. 3. The learned Munsif by Judgme......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....g that respondent No. 2 had "transferable right" in the properly in spite of his Lease-Deed with the Government which showed his position as that of a mere "Licensee". 4. Facts of the case are not disputed. The Lease Deed between the Government and respondent No. 2 is a "Standard Agreement for Al......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....f this Rule, will be necessarily vitiated. The High Court Division, without specifically expressing its view on this question, disposed of the matters observing that the question being connected with disputed questions of fact as to whether the result of the election has been materially affected by ......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...Category: Election Law | Date: | Hits: 163
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
.... charge. The defence of the accused, lessee Rash Mohan Adhikari, was that he did not know how his lease-deed was interpolated in the office of the District Fishery Officer, nor did he claim the disputed fishery—Bhajandhi to Nilakhi—on the basis of the lease-deed, but he claimed it under a ......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....he defendant-respondents, went to Kachar following crackdown of Pak Army in 1971. The appellant also made good his escape to Tripura in 1971. In January, 1972 the appellant came back and occupied the disputed homestead where he is living now with his family members. The R.S. Khatian has been wrongly......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
....1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disputed by some candidates. Election Commission’s approval or concurrence is necessary for fresh ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....Kha' and 'Ga' schedule was never acted upon, nor it was treated as a deed of transfer by any of the parties to the deed, that Izzatullah Chowdhury during his life time was in possession of all the disputed property through bargaders, that plaintiff No.2 while staying in the house of Izzatullah C......owdhury "had no substantial debt to justify a Benami transaction for fear of any Marwari creditor", that in the background of dealing with the property of Ext.1 i.e. property of khatian Nos. 28 and 47, by Izzatullah Chowdhury by the Ext. A dated 13.1.1944 and dealing with the ..Category: Property Law | Date: | Hits: 67
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....e District Judge, Barguna and operation of the judgment and decree was stayed on7.8.2003, in the meantime the second party threatened the first party and tried to reap away the paddy from the disputed which created ah apprehension for peace and hence the first party initiated the proce......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....l Metropolitan Sessions Judge for appointment of a non interested third party as the Receiver and further directing the officer-in-charge of Dhanmondi Police Station to continue as Receiver of the disputed property. Hence is this petition. 6. In support of the petition Mr. Mahbubey Alam,&......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....he appeal the plaintiff came up with an application before the Revenue Authority for paying the salami and the rent and his prayer was allowed. Accordingly he paid the salami and rent for the disputed land till 1388 B.S. Defendant No. 6 once again filed an application for confirming th...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......ayment of rent and that during the last survey the land in suit instead of being recorded in the name of the plaintiffs or their predecessor was wrongly recorded in the name of the Government in khas khatian No.1 though Government has no right, title and possession in the land in suit and that as ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....iff, filed the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died le...... of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died leaving behind his wife and also the plaintiff who at that time was minor bein..Category: Property Law | Date: | Hits: 28
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ion. 23. Mr. Shamsuddin Babul, the learned Advocate appearing for the petitioner in Civil Petition No. 163 of 2004 submitted that the High Court Division committed error in law in deciding highly disputed question of facts without examining any witnesses of either parties but simply basing upon ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....gorically challenged the papers and documents relied upon by the writ petitioners to be collusive and false and as such the High Court Division has erred in accepting those documents and deciding the disputed questions of fact in the writ jurisdiction and the submission that the High Court Division ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....e created a sale deed bearing No.5971 dated 30.12.1978 in his favour by forging signature of Pramila Sundari it was wrongly held to be proved without examining the signature of the executant in the disputed sale deed with that of the sale deed of the informant or with the admitted signature of P......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....el for the appellants and Mr. Khandker Mahbubuddin Ahmed, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the writ petitioner joined the service of the BSC as Probation Officer in 1979 &...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
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