Search Options
Judgment Advanced Search
Displaying 2321-2340 of 2955 results.
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......to the lawyers of the parties” and observed: "In such circumstances the Court’s order dated 6.6.1975 suffers from a palpable error mainly, an error of non-observance of the principle of natural justice. This was an error apparent on the face of the record. The learned Mun......cial leave is directed against the judgment and order of the High Court Division in Civil Revision No. 1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 2......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ..Category: Property Law | Date: | Hits: 23
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....orrect 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) 252. ......d. Abdul Karim and the seller-pre emptee, Md. Abdul Majid, contested the pre-emption case by filing a joint written objection contending, inter alia, that the case was barred by limitation and principle of waiver and was bad for defect of parties. 7. The trial Court after hearing the ......hbubar Rahman, Advocate- on-Record-For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not Represented- For Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 1098 of 2005. (From the judgment and order, dated 26.6.2005 passed b......orrect 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) 252. ..Category: Property Law | Date: | Hits: 20
Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ......the land being within Mathbaria Paurashava and further held that the pre-emptee purchased the case land at the mediation of pre-emptor and as such the case was barred by the principle of waiver and estoppel. 8. In the facts and circumstances of the case, we do..................Petitioner Vs. Md. Sohrab Hossain & others .......Respondents Judgment January 7, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-for the Petitioner. Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-......t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ..Category: Property Law | Date: | Hits: 25
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
.... 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. ......uthority for importation of the consignment in question. We have carefully considered the impugned judgment and have noted that the High Court Division has arrived at a correct decision on a sound principle of law relating to interpretation of statute that section 4 read with section 2(e) of the......n No. 279 of 1994 making the rule absolute. 2. Respondent as writ petitioners filed the aforesaid writ petition challenging Memo No. 357/AP/GROUP-10/93-94/10762-CUS dated 5.1.1994 issued o...... 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
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....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. ...... as they failed to prove their possession in the entire suit land. 7. We are of the view that the High Court Division on proper consideration of the materials on record and applying the principle of law as applicable arrived at a correct decision and there is not cogent reason to......ents Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented – the Respondents. Civil Petition for Leave to Appeal No.1298 of 2004. (From the judgment and order dated 18th April, 2004 pass......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)
....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. ......rdance with law. He next contends that there is a scope for arbitrary exercise of the power and there having no provisions for defending the affected persons, the so called amendment is against the principle of natural justice and as such the impugned judgment and order being bad in law are liable......Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Petition for Leave to Appeal No. 185 of 2006. (From the judgment and order dated 05-01- 2006 passed by the......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
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. ......ce of law does not arise." 6. Mr. Ajmalul Hossain QC has next submitted that the set off not being available under the municipal law but being applicable in the English law. On principle the main system of law able for determining the question are the laws governed by the pro...... Petitioners. Moniruzzaman, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondents No. 2. Not represented-Respondent Nos. 1, 3-11. Civil Petition for Leave to Appeal No. 470 of 2005. &nb......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. ......en removed by the respondent in default of the appellants in complying with the said order. Special Leave to appeal against the said judgment of the High Court Division was granted to consider the principle underlying, and the condition justifying, the making of an order of mandatory injunction i......hile disposing of a revisional application of the respondent arising out of an 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 Sched......passage in dispute, thus practically non-suiting the plaintiff, as the sole purpose of the suit, as it was constituted, was frustrated and the suit which was pending the decision of the Court for the determination of the dispute raised by it become prima facie infructuous. No court of justice can, i..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 1999, 28 CLC (AD)
....ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ...... Division pending disposal of his appeal, No.655 of Leave to appeal is 1999. 2. Leave to appeal is being sought from the said order on the ground that the learned Judge failed to follow the principle laid down by this Division in the case cited before him 43 DLR (AD) 119 = 11 BLD (AD) 96......nvolved: Abdus Subhan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Position for Leave to Appeal No. 85 of 1999. (From the judgment and order dated May 5, 1999 passed by......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ..Category: Criminal Law | Date: | Hits: 50
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. ......provision of Section 43 of the Transfer of Property Act. It may be mentioned the High Court Division on detailed discussions of the materials on record held that there was no case for applying the principle of Section 43 of the Transfer of Property Act. The High Court Division in the background ......t 7, 2006. Lawyers Involved: N. K. Saha, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 538 of 2005 (From the judgment and order dated April 13, 2004 passed...... 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
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......ndants have no possession in the suit land". On the aforesaid findings the High Court Division made the Rule absolute. 10. We have heard the learned Advocate-on-record. The settled principle of law is that in a suit seeking a decree for permanent injunction the plaintiff is ......nbsp; Syed Mahbubur Rahman, Advocate-on-record-For Respondent Nos. 2, 3, 8. Not represented - Respondent Nos. 1, 4-7 & 9-11. Civil Petition for Leave to Appeal No. 768 of 2005 (From the Judgment and Order dated May 4, 2005 passed by...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ..Category: Property Law | Date: | Hits: 26
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. ...... record decreed the suit that the plaintiff has failed to establish that the deed of gift was collusive and fraudulent. 7. Leave was granted to consider the submission that the settled principle of law is that the concurrent findings of fact arriving at by the courts below, howe......that the land measuring 41 decimals shown in the 1st schedule attached to the plaint belonged to Mohendra Kumar Nath, father of the plaintiff and said Mohendra Kumar Nath entered into an agreement for sale of 26 decimals of land shown in the 2nd schedule attached to the plaint on November 9, 197......below mis-read the evidence of P.W.2 who stated “Amar dadur dastakhat chini. Nalishi danpotre Mahendra Kumar Nather dastakhat tahar nijer” The learned Counsel submits that the point for determination in the suit is whether the deed of gift was a forged one and that the burden of provi..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. ......y discharged by majority judgment and order dated 09.12.1991. 3. Leave to appeal from the said judgment was granted on 30 April, 1992 to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grou......aid appeal thereby setting aside majority judgment in Writ Petition No. 147 of 1991. 2. The said writ petition was filed by the respondent challenging the detention of Mr. Hussain Mohammad Ershad, former President of Bangladesh, after the fall of his Government of 06.12.1990 pursuant to an order ......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
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......of occurrence has made the entire prosecution case unworthy to believe and the learned Judges of the High Court Division found to have arrived at a correct decision on the basis of established principle of law. 22. Since, there is no substance in this petition, we find no other altern...... Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 181 of 2004. (From the judgment and order dated 11-04-2004 passed by...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..Category: Criminal Law | Date: | Hits: 44
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......tioned car beyond 5 years old imported in respect of two others consignments and the refusal in respect of the writ-respondent was to the prejudice and detriment of his interest in violation of the principle of equality as enshrined in the Constitution. 9. The authority has formulated certain r....... The respondent filed the said Writ Petition stating, inter alia, that in course of business he opened Letters of Credit being Nos. 1203/01/0045 dated 22.01.2002 and 1203/02/01/0172 dated 06.03.2003 for import of 10 units of re-conditioned vehicles from Japan. He opened the Letters of Credit under ......the same nor could see how the discretion has been exercised by the authority invoking section 21 of the import Policy. The respondent has neither availed of the form of appeal or review against such determination of fact by the Chief Controller of Export and Import. 17. In view of the disputed a..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ......he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ...... Rahman Chhana, Advocate (appeared with leave of the Court), instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 348 of 2005. (From the judgment and order dated 08.12.2004 passed by the......rity of the appointees and as such the date of joining is of no avail. Their further case is that Rule 10(1) is not applicable here as the same is subject to Sub-Rule(2) of Rule 10 which provides for determination of interse seniority of candidates appointed at a time as per recommendation of the ..Category: Employment/Service Law | Date: | Hits: 86
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......ict Magistrate, Chittagong issued under the signature of the Magistrate, 1st Class, Sadar, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel for eviction of the appellant, herein petitioner, from the property of....... 3 and the liability thereof, if any, to the Bank are extraneous matter in the context of the subject matter of the writ petition out of which the appeal has arisen and as such is not an issue for determination in the writ petition. The only issue before the Court is whether the step taken for ..Category: Property Law | Date: | Hits: 36
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......and collusively created sale deeds in the name of fictitious persons during the pendency of the pre-emption case. 9. We find that in the facts and circumstances of the instant case the principle laid down in the decision reported in 33 Indian Appeal (P.C) which was followed in the de...... 2. The pre-emptor respondent Nos.1 and 2 filed the above case under section 96 of the State Acquisition & Tenancy Act, 1950 for pre-emption of the case land on the averments that the appellant and his brother Abdus Sam......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..Category: Property Law | Date: | Hits: 21
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......d to exhaust all the administrative forums for remedies available to it as contemplated under regulations 51, 52 and 53 of the PPR, (2) the impugned order dated 5.11.2006 was violative of the principle of natural justice as the same was passed against the respondent No. 1, writ-petitio....... 1. Ajmalul Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on- Record-For Respondent No. 4. Not Represented- For Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 710 of 2007. (From the judgment and order dated 20.5.2007 passed by ......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ...... of their title; if the prayer of the plaintiffs for amendment of the plaint is not allowed they will be deprived of their legitimate right of enjoyment of their valuable properties; it is settled principle of law that amendment of the pleading can be allowed at any stage of the proceeding provi......s......Respondents Judgment April 24, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1283 of 2004. (From the judgment and order dated 8th March, 2003 passed......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ..Category: Property Law | Date: | Hits: 25
25772570256925542542253625282526252525222515251325122506249724962494249324912482