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....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......il Revisional Jurisdiction)
Present:
Anwarul Haque Chowdhury J
President, National Tuberculosis Relief & Rehabilitation Society...................... Petitioners
Vs.
Md. Maftabuddin Chowdhury..................................................... Opposite Party
Judgment
Dece......nt Control Ordinance, therefore, the petitioner is liable to be ejected outright and this concurrent finding of fact to the effect that the defendant was a defaulter, having found on the basis of evidence on record, need not be interfered with by this Court in exercise of its revisional jurisd..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......er courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ...... witnesses and the pre-emptee examined 3 witnesses including himself and the Advocate Commissioner also examined as witness. 5. The learned Assistant Judge after hearing the parties, perusing the evidence of the parties and the record allowed the preemption case by his judgment and order dated 2..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ...... in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......f No.2, the present petitioner hereof, examined one witness as P.W.1 and the contesting defendant No.1 also examined one witness D.W.1. 8. The trial Court on due consideration of the materials and evidence on record and the submissions made by the learned Advocates of the contesting parties dis..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......e petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......ing himself as D.W.1. Both the contesting parties submitted documents in support of their respective cases which were marked as exhibits. 6. The Trial Court on consideration of the materials and evidence on record and the submissions of the learned Advocate of the contesting parties decreed the..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......o new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......ade proper inquiry to ascertain whether a Bazar was established by the owner of the suit land or it was established by any other persons without obtaining consent of the owner of the suit land and no evidence was called either from local people or shop keepers to ascertain who established the Bazar ..Category: Property Law | Date: | Hits: 33
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......resent: Gour Gopal Saha J Shah Alam (Md.) ……..Petitioner Vs. Abdul Hashem Bepari and others ……Opposite Parties Judgment January 19, 2000. Cases Referred To- Qazi Din Mohammad vs. Alhaj Arjun Ali Ansari 47 DLR (AD) 48. Lawyers Involved: Md. Shah Alam, Advoca......ed some documents while the contesting defendant examined four witnesses, including himself, in support of their respective cases. 7. The learned Subordinate Judge on consideration of the material evidence an record was pleased by the impugned judgment dated 30-6-90 to decree the suit on contest...Category: Civil Law | Date: | Hits: 81
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
.... on record dismissed the appeal and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......Being aggrieved, the petitioner preferred Criminal Appeal No. 3514 of 2002 and after hearing, the High Court Division, by judgment and order dated 30.06.2009, dismissed the appeal holding that the evidence on record indicates that the petitioner directly committed the offence on board daylight in..Category: Criminal Law | Date: | Hits: 31
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
.... entire facts, circumstances and evidence on record in the right direction leading to erroneous decision; that the High Court Division was wrong in passing the impugned judgment and order on wholly inadmissible evidence and on extraneous consideration and the same has occasioned failure of justice......sions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......oner was not examined correctly and appropriately under section 342 of the Code of Criminal Procedure; that the High Court Division has misread, misconstrued and misunderstood the materials and evidence on record and consequently miscomprehended the facts of the case and misapplied the law; ..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
....hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......peal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......ordance with law. The learned Additional Attorney General further submitted that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mer..Category: Criminal Law | Date: | Hits: 47
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873....... Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......nt Officer, which was dismissed in favour of defendants and that the suit Plot being C.S. Plot No.790 comprises of over 850 bighas of land. 5. The Trial Court on consideration of the materials and evidence on record and the submissions of the learned Advocates of the contesting parties decreed th..Category: Property Law | Date: | Hits: 27
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....have arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871....... petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......of title and these being findings of fact are immune from interference by the High Court Division exercising the revisional jurisdiction in the absence of any misreading or non-consideration of the evidence on record in arriving at such findings. Learned Counsel further contended that the Cour..Category: Property Law | Date: | Hits: 30
....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
...... that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
...... become law also by judicial recognition' stated KC Wheare in 'Modern Constitution' 1966 Edition....
It is no doubt correct that the existence of a particular convention ought to be established by evidence on the basis of historical events and expert factual submissions. But once it is establishe..
Category: Constitutional Law | Date: | Hits: 252
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......alse and the same is liable to be dismissed. 4. Mr. S.H. Md. Nurul Huda Jaigirdar, learned Advocate, appearing for the petitioners submitted that the High Court Division without adverting to the evidence and findings of the Trial Court and the Court of Appeal below erroneously found that 'Jamir..Category: Property Law | Date: | Hits: 32
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......s of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......ats, examined the witnesses under Section 161 of the Code of Criminal Procedure. He also seized the alleged guns with the license together with the used and unused cartridges. Then on recording the evidences he submitted charge sheet against the convicts along with other accused under Sections 147..Category: Criminal Law | Date: | Hits: 26
....he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
...... for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
......ppellants sought equitable relief on the strength of documents Annexures-D and E which manifestly found to be false and fabricated, created solely for the purpose of this Case.
8. There is also no evidence on record before the Court of Settlement to show when Nur Mohammad died and who his heirs a..
Category: Property Law | Date: | Hits: 41
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......ngly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......Appeal and Revision; that the learned appellate Court below having found that Sarat Chandra gave pattan orally to his one son Ramesh Chandra the whole suit land area 59 decimal has not been proved by evidence and that only a recital in the subsequent deed dated 15.10.1946 is not sufficient to prove ..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......cordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811....... sales of the land of the area assessed the compensation only in terms of the lowest sale value of the area which is available on record and there is no necessity to enquire into the matter by way of evidence; that the writ petition involved a disputed question of facts is not correct at all, rath..Category: Property Law | Date: | Hits: 25
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......issed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......ion Miscellaneous Case, ranked equal to the pre-emptor-petitioner and so were not the necessary parties. He also concluded that the case was not barred by limitation. He did so, relying solely on the evidence of Mannan and completely ignoring, for apparent reason, the evidence to the contrary tender..Category: Property Law | Date: | Hits: 37
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......re hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......ppellants and the same was read over to them to which they pleaded not guilty and claimed to be tried. 5. Prosecution examined 7(seven) PWs and defence none. 6. After closing of the prosecution evidence the appellants were examined under section 342 CrPC to which they pleaded innocence and dec..Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......DLR (2002) 500. ...... such knowledge and consent of the co-sharer petitioner the sale deed was executed and registered showing lesser amount of consideration than actually paid. 4. The learned Assistant Judge recorded evidence of 3 witnesses for the petitioner and 6 witnesses of the opposite party No.1 and after hear..Category: Procedural Law | Date: | Hits: 75
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