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Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....and four daughters namely, Buri Bibi, Marium Bibi, Isami Bibi and Jaynab Bibi and that then Buri Bibi died leaving behind her husband, one daughter named Sahara Bibi, one brother and three sisters as legal heirs and that another daughter of Tusi namely, Akubi Bibi, died leaving behind one son Nurudd...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....of the Code of Civil Procedure, in such situation it was incumbent upon the learned District Judge to instantly direct for further investigation and so the fixing next date for taking steps was not legal and further, the order dated 26-10-1991 was passed at much later date after the hearing was ......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. ..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....on of Article 4 of PO 12 of 1972 is applicable as regard a case where a person could not because of the abnormal situation from 1st of March, 1971 to 1st of March, 1972 institute or initiate legal proceedings and, as such, his claim or suit become barred by limitation and that plaintiffs' ......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....cate for the plaintiff-respondents that subsequent to the filing of the suit plaintiffs were dispossessed from the land in suit and the said fact as has found place in the evidence of P.W 1 it is not legally well founded to say that the suit framed is not maintainable. It has also been submitted by ...... 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. ..Category: Property Law | Date: | Hits: 33
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....heritance, by two kabalas dated 4.3.1993 sold .08 decimals of land, to each of the pre-emptee petitioners, who are husband and wife, and thus sold in total 16 decimals of land, and there is no legal bar against filing single application for pre-emption against two sales and further the ......ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ..Category: Property Law | Date: | Hits: 22
....Plot Nos. 20 and 20-A in Gulshan North Commercial Area, Dhaka earlier granted in favour of their predecessor late Md. Chowdhury. After the death of their predecessor, the plaintiff-respondents as his legal heirs instituted the above suit. The Dhaka Improvement Trust (now RAJUK) appeared in the suit ......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
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Category: Limitation Law | Date: | Hits: 165
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
....ndent No. 4, a scheduled establishment, is to follow the provisions of the said Ordinance of 86 and all subsequent amendments including amending Act 1994 but inspite of that the appellants illegally did not allow the respondent No.1 to remain in service after completion of his 57th year.&n...... 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. ..Category: Employment/Service Law | Date: | Hits: 90
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....dgment and decree passed by the High Court Division. 4. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submits that the learned Judge of the High Court Division most illegally dismissed the suit on an erratic view of the fact and law involved in the case stating that......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ..Category: Property Law | Date: | Hits: 23
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....ision of the Superior Courts in the above matter. So, it appears that the submissions of the learned Advocate for the petitioner has got no substance in the matter of non consideration of legal evidence under Section 3 of the Evidence Act. 6. The arguments and reasonings so assi......ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ..Category: Criminal Law | Date: | Hits: 45
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ding in question was found abandoned and as such has been enlisted by the Government as an abandoned property and that subsequent deed of transfer, if any, dated 14 July 1972 does not have any legal basis as aforesaid Mrs. Rasheda Ashfaq was not a citizen of Bangladesh and that the document...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ..Category: Property Law | Date: | Hits: 27
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
....gnment on prior intimation to the government and on observance of all necessary formalities in this regard and the relevant Ministry did not raise any objection. Due to the unreasonable and illegal order of the aforesaid authorities discharge of the said consignment is being held up an...... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ..Category: Business or Commercial Law | Date: | Hits: 94
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....ecessary parties in the re-emption case, that no fraud was committed in obtaining the order in the Miscellaneous case and that the judgment and order passed in the Miscellaneous case is quite legal. 4. The trial Court decreed the suit on the finding that the plaintiffs have been able......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ..Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....f title by settlement made in favour of Sonaullah in the year 1358 B.S. 5. As it appears the trial court dismissed the suit on the findings that Kabuliyet Ext. 1 (C) dated 14.12.1955 had no legal validity after 13.12.1955 in view of the provisions of section 75A of the State Acquisition a......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ..Category: Property Law | Date: | Hits: 30
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
.... impugned order dated 06-07-2003 (Annexure-E) passed by the respondent No. 6 to cancel the licence of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts as stated in the writ petition are that the petitioner firstly obtaine......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..Category: Environmental Law | Date: | Hits: 517
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....the defendants in collusion with the personnel of the Circle Office (Revenue) has obtained the order Ext. C and as the order Ext. C is collusive, the subsequent activities of the defendants are not legal and the said activities are the product of collusion between the defendants and the personne......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. ..Category: Property Law | Date: | Hits: 18
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
....possession of the demised premises to the writ petitioner within two months from the date of receipt of the order. But inspite of communication of the order of injunction to the Rajuk, they illegally leased out the plot in question in favour of 3(three) different persons and renumbered...... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ..Category: Property Law | Date: | Hits: 46
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
.... dispute shall be excluded by the choice of a foreign governing law. In the above premises, it was submitted that the impugned order has been passed without lawful authority and is of no legal effect inasmuch that the learned respondent No.1 Court erred in law in holding that it h......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. ..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. ......rected 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 the disputed properties till the disposal of the petit..Category: Property Law | Date: | Hits: 31
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....nexures-R, S and T as well as the letters dated 8.1.2003 vide Annexures-U and U-l in Writ Petition No. 4344 of 2003 should not be declared to have been made without lawful authority and to be of no legal effect. 3. The Department of Agricultural Extension, Ministry of Agriculture, emb......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. ..Category: Constitutional Law | Date: | Hits: 146
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....st the detenu. It might have been a necessary and situational decision hurriedly taken by the newly installed Government in the interest of maintaining law and order but it cannot be justified as a legal order under the Act in a Court of law after the din and bustle have died down because it was n......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. ..Category: Procedural Law | Date: | Hits: 107
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