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Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......g of facts arrived at by the lower appellate court, the final court of facts, and so in view of the above concurrent findings of the courts below, which are based on materials on record and on evidence and also in the absence of error of law or procedure affecting merit of the case, can not..Category: Property Law | Date: | Hits: 23
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ...... accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......ion and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division found that the appellate court did not consider the evidence on record while setting aside the judgment of the trial court and further held that the p..Category: Property Law | Date: | Hits: 28
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... 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. ......on is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......ransfer was said to have been made P.W. 1 was present. No explanation was offered as to why the pre-emptor did not depose in the case. It is also seen from the materials on record that no reliable evidence was placed on record to substantiate the contention of the pre-emptor that he had no knowl..Category: Property Law | Date: | Hits: 19
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....not find any ground 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) 822. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......m plaintiffs purchased the land in suit deposed as P. W. 1 and has stated that he had neither read the plaint nor he 'signed the plaint, that Abdul Majid is claiming .70 acre of land, that from the evidence of P.W. 1 it is seen that at the time of pattan he was a boy of 6 years "and as such..Category: Property Law | Date: | Hits: 25
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
.... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ...... Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ......ion 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Co..Category: Criminal Law | Date: | Hits: 45
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......missed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......rder or not are to be decided in a forum having civil jurisdiction and so the writ petition is not maintainable. We are of the view that the High Court Division on correct assessment of the evidence on record and applying the correct proposition of law discharged the Rule and so no inter..Category: Civil Law | Date: | Hits: 78
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ...... Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......ases. 6. The petitioners have sought for declaration of the character or status, which under the circumstances is a disputed question of fact and requires investigation and determination on evidence adduced by the parties, for which the writ jurisdiction under Article 102 of the Constitut..Category: Criminal Law | Date: | Hits: 41
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ......sed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ......pellant, the respondents are trying to adopt an identical mark most illegally in respect of similar goods of the appellant for marking wrongful gain. 6. Both the parties adduced evidence in support of their cases before the Registrar and after hearing the parties the Registrar..Category: Intellectual Property Law | Date: | Hits: 172
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......d. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ......as not at all produced by the plaintiff and no explanation was offered for such nonproduction. It is not disputed that the suit land was rayoti land of the recorded tenant Formani Bibi. There is no evidence on record that the ex- landlord was ever inducted in the suit land by ousting the recorded..Category: Property Law | Date: | Hits: 32
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......smissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ...... money for the establishment of the said Company and also did not execute jointly or singly any document in favour of the Bank and that the Artha Rin Adalat decreed the suit without considering the evidence on record. It was the further contention that inspite of insufficient evidence to establi..Category: Civil Law | Date: | Hits: 73
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of 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: V ADC (2008) 789.......he petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......nt rushed to the House Rent Controller and made the deposit in House Rent Case No. 7 of 1994 and so it cannot be held that the tenant was not willing to pay the monthly rent and in the absence of any evidence that the tenant was not willing to pay the rent to the full extent allowable by the Ordinan..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....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: V ADC (2008) 786. ......smissed. Ed. This Case is also Reported in: V ADC (2008) 786. ......o the next date i.e. 18.6.1998 passed the award on 30.5.1998 and then signed the same and thereby committed misconduct in passing the above award and the plaintiff also failed to produce necessary evidence in support of the award dismissed the suit and the High Court Division, without adverting ..Category: Alternative Dispute Resolution | Date: | Hits: 192
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
....ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ......Case is also Reported in: V ADC (2008) 776. ......tioner in the contempt petition as Annexure-B (1) in finding some fault with the petitioners for realization of a hypothetical excess payment which is not covered by any documentary evidence thereby caused a serious miscarriage of justice which, in public interest, needs to b..Category: Civil Law | Date: | Hits: 102
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ...... Ed. This Case is also Reported in: V ADC (2008) 772. ......the plaintiff having learnt about the said suit instituted this false suit which is liable to be dismissed with costs. 4. The trial court framed necessary issues and on consideration of the evidence on record came to the finding that the defendants became defaulters. The trial court ..Category: Property Law | Date: | Hits: 91
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....; This Case is also Reported in: V ADC (2008) 768. ......bsp; This Case is also Reported in: V ADC (2008) 768. ...... limitation and thereupon dismissed the appeal. 6. The pre-emptor moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division on consideration of the evidence, particularly the evidence of P.Ws. 2 and 3, held that the pre-emptor was able to establis..Category: Property Law | Date: | Hits: 23
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ...... High Court Division concurred with the findings and decisions of the Courts below as to the signatures of the defendants in the agreement for sale. The High Court Division on consideration of the evidence of the P.Ws. 1, 2 and 4 arrived at the finding that defendants executed the bainapatra on ..Category: Civil Law | Date: | Hits: 74
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......e appellate Court in revisional jurisdiction and obtained Rule. 8. It is seen from the judgment of the appellate Court that the said Court disposed of the appeal without discussing the evidence although trial Court on discussion of the evidence of the parties arrived at the find..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......hich is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ...... Dhaka being Title Suit No. 01 of 2000 on the ground that the Arbitrator acted arbitrarily and is guilty of legal misconduct in awarding damage to the extent of Tk. 2,84,90,849.24 without any evidence submitted by the claimant and prayed for rejection of award dated 11.11.1999 passed by the..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......ppeal. The defendant then filed Civil Revision No. 3538 of 1993 and after hearing High Court Division discharged the Rule. 3. Leave was granted to consider as to whether in view of the evidence of the plaintiff, RW.2, that he has got a hotel named "Niribili" and since the h..Category: Property Law | Date: | Hits: 29
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....o 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) 642. ......se is also Reported in: V ADC (2008) 642. ......rred by limitation and amendment of the petition before A.T is barred by limitation which are not correct and thus committed illegality in the decision; that Appellate Tribunal reassessed the evidence in question while disposing of the Appeal and went beyond the grounds of appeal and c..Category: Administrative Law | Date: | Hits: 89
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