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Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)

....re is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 142. ...... is not maintainable and barred by the principal of limitation estoppel, waiver and acquies­cence. Thereafter while the suit was fixed for peremptory hearing, the defendant petitioner, filed an application terming the same as their "additional written state­ment" without mention..

Category: Civil Law | Date: | Hits: 106

Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ......97. 3. The opposite party No.1 contested the said Miscellaneous Case No.12 of 1997 by submitting written objection denying the contention of the pre-emptor in his petition, stating that the application for pre-emption was not maintainable in law, the same was barred by law and bad for def..

Category: Property Law | Date: | Hits: 25

Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)

.... hesi­tation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ......more than 12 years. The share of Shashadhar Bachhar and oth­ers were sold in auction for arrears of rent and the said auction was purchased by the defendant Nos.1 and 2. The plaintiff filed an application under Section 173 of the Bengal Tenancy Act for setting aside the auction thereupon Mis..

Category: Property Law | Date: | Hits: 22

Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)

....be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ......e dated 10.08.1988 passed by the learned Assistant Judge, Banskhali, Chittagong allowing the pre-emption. 2. The facts, in short, are that the respon­dent Nos.1-4 as pre-emptors filed an application under Section 96 of the State Acquisition and Tenancy Act and in the alternative under ..

Category: Property Law | Date: | Hits: 28

Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......p; Md. Abdul Matin J. - This petition for leave to appeal is directed against judgment and order dated 19.10.2006 passed by the High Court Division in Writ Petition No. 10149 of 2006 rejecting the application in limine whereby the petitioner has sought a direction upon the government to investig..

Category: Criminal Law | Date: | Hits: 43

Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)

....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ...... that the Miscellaneous case filed under section 24 of the Non-Agricultural Tenancy Act was not maintainable since the land is not non-agricultural land and as such pre-emptor was required to file application for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950 (SAT Ac..

Category: Property Law | Date: | Hits: 30

Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)

....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......l Revision No.4941 of 1998 discharging the Rule and affirming the judgment and order dated 14.07.1998 passed by the learned District Judge, Gazipur in Miscellaneous Case No.13 of 1996 rejecting an application under Section 151 of the Code of Civil Procedure for recalling the order dated 15.07.19..

Category: Civil Law | Date: | Hits: 85

Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)

....to have been made upon ignoring any material or any material fact having the bearing in making the decision in the aforesaid matter was left out of consideration. In fact the High Court Division on fresh assessment of the fact of its own resettled the question of fact upon sitting over the judgme...... any building which is included in any list published under section 5 may, within a period of one hundred and eighty days from the date of publication of the list in the official Gazette, make an application to the Court of Settlement for exclusion of the building from such list or return or ..

Category: Property Law | Date: | Hits: 29

Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)

....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. .......08.2004 at his office vide Memo No. Gd, Gm,Gm, wc/m`i/mybvg/04/107(16) dated 09.08.2004 without considering the reply of the petitioner and same was sent to the petitioner. The petitioner filed an application to the authorized officer on 17.08.2004 praying for time for this appearance due to his..

Category: Criminal Law | Date: | Hits: 32

M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)

....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ...... Copy of the letter of Janata Bank stating the embargo on trading and transaction of normal activity with other banks through Credit Information Bureau of Bangladesh Bank was also annexed with the application made before the High Court Division. 6.  Being aggrieved by and dissatisfie..

Category: Property Law | Date: | Hits: 37

Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)

....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......rt on consideration of the materials on record dismissed the suit. On appeal being Title Appeal No. 107 of 1985 the appeal was dismissed. The plaintiffs then preferred the instant civil revisional application and the learned Single Judge of the High Court Division made the Rule absolute after se..

Category: Property Law | Date: | Hits: 28

MA Sattar and others Vs. State, 2008, 37 CLC (AD)

.... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ...... 2001 against the self-same judgment and order challenging modification of sentence. 8. Leave was granted to consider the sub­missions from the appellants that the accused appellants having filed application to the former President on 26-8-1989, the allotment of plot Nos. 49, 49A, 49B and 49C ha..

Category: Anti-Corruption Laws | Date: | Hits: 294

Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)

.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 111. ......t District Judge, Satkhira for partition of 12 decimals out of 22 decimals of land as described in schedule Kha of the plaint and during pendency of the above suit the Plaintiff respondent filed an application praying for injunction and the learned Joint District Judge, by order dated 24.7.2004,..

Category: Property Law | Date: | Hits: 27

Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)

....cogent ground to interfere with the same.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......by his judgment and decree dated 27.05.1998. Being aggrieved, the plaintiffs preferred Title Appeal No. 229 of 1998 in the Court of District Judge, Dhaka and in the appeal, the plaintiffs filed an application on 04.11.1999 under Order VI Rule 17 of the Code of Civil Procedure for amendment of th..

Category: Property Law | Date: | Hits: 21

Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)

....has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limi­tation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......aneous Case No. 2707 of 2004 challenging the judg­ment and order dated 29-02-2004 passed by the learned Sessions Judge, Tangail in Criminal Revision No. 26 of 2003 allow­ing the revisional application by setting aside the judgment and order dated 15-01-2003 passed by the Magistrate, 1st ..

Category: Civil Law | Date: | Hits: 92

Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)

....to allow or reject the appli­cation of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......ent K.D.A. in L.A. Case No.2A/1965-66. Out of the total acquired land 17 decimals were used for the said pur­pose and the remaining 49 decimals kept unused. On 02.08.1986 the plaintiff filed an application to the respondent No.1 for return of the unused 45 decimals of land. The defendant res..

Category: Property Law | Date: | Hits: 26

Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....llant hope­lessly failed to prove his case, so there being no substance the appeal is accord­ingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ...... of abandoned property admitting neither S. M. Sami Alam nor he was in possession of the property in ques­tion when it was taken over by the Government as enemy property. The rele­vant parts of his application runs as fol­lows: Text in Bengali 6. It further appears from Annexure-'J' to the ..

Category: Tenancy Law | Date: | Hits: 155

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

....r is found to be acceptable it is to be admitted in evidence. The trial Court of Title Suit No. 265 of 1959 will re­allocate the sahams and shares to the par­ties in the preliminary decree afresh. 9. The High Court Division on through discussion remanded the case to the trial Court......edecessor of the plaintiff filed C.R. Case No. 1556 of the 1976 in the Court of Magistrate, Bhola; that Advocate Nasir Uddin, Tarikul Islam and Syed Ahmed were appointed Arbitrator and thereupon an application for with­drawal of the case was filed on 18.04.1977; that signed blank papers were ..

Category: Property Law | Date: | Hits: 23

State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)

....ting aside the impugned judgment and decree pass­ing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......24.06.1999 passed in F.M.A.T. No.358 of 1999 learned Judges of the High Court Division held that since there is a provision in Section 6 of the said Ain for furnishing bank guarantee for filing an application under Order 9 Rule 13 of the Code of Civil Procedure against the ex parte decree and sin..

Category: Banking Law | Date: | Hits: 96

Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)

....es to resolve the same in an appropri­ate forum but in a cursory manner dispos­ing of the writ petition filed challenging of order which the writ petitioner himself has given go-by and consequently fresh order of allotment and registered deed was exe­cuted in the name of husband and wife. 11. ...... son and daughters. She is in exclusive possession of the house on the allotted plot in question. The writ petitioner had left the house and was reportedly living with his second wife at Shamoly. The application for allotment of plot filed by the writ petitioner was intended to be on his own behalf ..

Category: Property Law | Date: | Hits: 74