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Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....f 2006 disposing of the writ petition with direction. 2. The short fact is that the respondent Nos. 1-3 filed the said Writ Petition No. 2526 of 2006 on the averments that they are the legal heirs of late Md. Nurul Haque Patwary and the property measuring 32.71 decimals or .3271 ajut......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ..Category: Property Law | Date: | Hits: 19
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
....i to file such application because they have not been aggrieved in any manner as they are neither printers nor publishers of the books forfeited by the impugned order. 7. That apart from the legal defects of the Writ petition, the contents of the books forfeited show that by those writings......rder passed by the Government (Annexure-A), it is obviously for the Government of justify its own order and as such the respondent-applicant though religious and Islamic minded people has no legal status or locus standi and under those circumstances is a merely busy body and not a necessary part..Category: Constitutional Law | Date: | Hits: 114
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....reveals that the gunny bags containing the ballot papers were partly torn. The petitioner, therefore, contends that the impugned order allowing the application for recounting the ballot papers is illegal and cannot be sustained in law. 3. Challenging this order the petitioner moved the Hi......ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ..Category: Election Law | Date: | Hits: 98
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....09.2006 fixed for framing of charge after going on bail and prayed for discharging them on the grounds that there is no materials on record for framing of charge against them but police without any legal evidence submitted charge sheet against them along with others and prayed for their discharg......he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....isional jurisdiction had no scope to interfere with it. The learned Counsel further submitted that the interference is not warranted when the concurrent findings of fact do not suffer from any legal infirmity as in the present case; that the main point to be looked into in this matter is wh...... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ..Category: Property Law | Date: | Hits: 29
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....e of the right to exemption as per SRO-108 dated 11.06.1998 but suddenly by subsequent SRO-233-Ain/98/1763 dated 20.10.1998 the respondent No.1 has withdrawn the exemption after the petitioner made legal commitments losing his business which is inequitable and unjust as the petitioner has been d......no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....angla Shal, the defendant No.1 in collusion with the defendant Nos.2-3 and at the instance of the defendant No. 6 enclosed insider the land of the plaintiff and constructed a chala ghar and thus illegally dispossessed the plaintiff from the suit land and the defendants refused to remove tho......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....plaintiff could prove that the purchase was made by the plaintiff in the name of his wife respondent No. 1 and that the High Court Division failed to consider that the plaintiff could establish the legally required elements adducing evidence both oral and documentary proving that the transac......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ..Category: Procedural Law | Date: | Hits: 173
....r declaration that the bill sent to the company by the defendant respondent No.1 vide memo No. আবিকা নাঃ গঞ্জ ১৩২/৬২৪ তারিখ ১৮/১/২০০৬ is illegal, hypothetical, null and void and not binding upon the company on the averments that at the req......prayed for an order of ad-interim injunction whereupon the learned Joint District Judge, by order dated 28.2.2006, while issuing show cause notice also directed the respondent Nos.1 and 3 to maintain status-quo. As against that the respondent No.1, preferred Miscellaneous Appeal No. 51 of 2006 and t..
Category: Civil Law | Date: | Hits: 120
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....that the plaintiff has no title in the land in suit as the title of his predecessor, i.e. father, extinguished by acquisition in LA Case No. 2 of 1924-25 and thus possession of the plaintiff is not legal. 6. The plaintiff went on appeal and the appellate Court upon allowing the appeal decr......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....earlier. 8. The High Court Division while making the Rule absolute has observed: "It appears that after examining all required documents of the petitioner and compliance of the required legal formalities as enshrined in Regulation 1984, the petitioner was finally granted 'State Honor......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
.... wife of the defendant No. 1 and that defendant No.1 got share in the land of 'Ka' and 'Kha' schedule to the extent of 3 annas 2 gondas and 2 kranti, but the defendant No.1 on different occasions illegally got the land of 'Kha' schedule auction sold and purchased the land of said schedule in the ......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....ed the Division Commissioner and the Board of Revenue in revision against the order of setting aside the auction-sale of the 'C' schedule land. The Board of Revenue set aside the auction-sale as illegal on the ground that the plaintiff-respondent No.1 being himself a certificate debtor along wit......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....making out a third case. He lastly, submits that the Single Bench of the High Court Division committed an error of law affirming the judgment and order of the appellate Court below without any legal and valid reasonings. Therefore the judgment of the High Court Division is liable to be set a......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ..Category: Property Law | Date: | Hits: 20
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... compliance of the process of the Court or that law enforcing agency is looking for apprehension in connection with a cognizable offence or in execution of the process from the Court, it would not be legally well founded to consider such person fugitive from Court or law, or that in abscondence. ...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....the same was improperly refused, or was not done in accordance with law. But in the instant case no written objection was raised but the Courts below without following settled principle of law most illegally allowed the application of recounting which cannot be sustained in the eye of law; that ther......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..Category: Election Law | Date: | Hits: 159
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....court found that the money order containing the monthly rent was returned to the petitioner on 03.01.1988 and the rent deposit case was started on 09.03.1988 and as such the rent deposit case was not legally and validly started. The trial court further found that the petitioner deposited the rent ......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ..Category: Tenancy Law | Date: | Hits: 148
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....tion of the said order of transfer; that during the pendency of the said petition, the petitioner issued a release letter of the respondent on 22-01-1979 and thereafter on 22-12-1979 the petitioner illegally stopped the subsistence allowance of the respondent No.1 from the date of issuing of the sai......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ..Category: Employment/Service Law | Date: | Hits: 87
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....ing authority should have renewed the existing lease granted under the provisions of the previous Rules and the commitment of the petitioners to abide by the amended Rues can not be considered as a legal bar in getting renewal of the leases of the petitioners on the basis of clause 4 of the ......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..Category: Others | Date: | Hits: 101
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
....l-Ewaz deed dated April 4, 1978 and thereupon the pre-emptor obtained the certified copy of the Heba-bil-Ewaz deed and filed the Miscellaneous case within the period of limitation, that there is no legal bar in having the land pre-empted. 3. The case of the pre-emptee (opposite party No. ...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ..Category: Property Law | Date: | Hits: 19
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