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Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
....Division on 24.11.2004 whereby the parties have already been-directed to maintain status quo till disposal of the Partition Suit No. 12 of 2004 and further both the parties being co-sharers, end of justice will be met if they are directed to maintain status quo till disposal of the present suit ...... 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. ..Category: Property Law | Date: | Hits: 27
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....of conviction so passed by the trial Court. He further submits that the learned Judges of the High Court Division failed to sift the evidence on record arrived at a decision causing miscarriage of justice. 11. We have heard the learned Deputy Attorney General for the petitioner and peruse......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ..Category: Procedural Law | Date: | Hits: 79
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ......ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ..Category: Civil Law | Date: | Hits: 80
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. ......on, which indicates that the respondent Nos. land 2 rightly treated the property as an abandoned property and leased out the same to the respondent No.3 and ultimately sold the same by registered document. The appellant having failed to discharge his onus that the property in question is not aba..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ering the law and facts has sent back the case on remand to the trial Court for rehearing and thus, committed an error of law resulting in an error in the decision occasioning failure of justice." 6. It appears from the record that Margina Khatun, one of the daughters of Ab...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ..Category: Property Law | Date: | Hits: 23
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....arbitrary and malafide; that the joint allotment impugned in the writ petition having been issued without any show cause and without assigning any reason is clearly against the principle of natural justice. The learned Counsel further submitted that in pursuance of joint letter of allotment dated ...... from completion of the construction work and this fact is evidenced in the 'Receipt and Agreement dated 20.11.1994 executed between the writ petitioner and respondent No.4-appellant. The aforesaid documents are also annexed as Anncxure-9 and 9A in affidavit-in-opposition. TK. 10,00,000.00 out of ..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......rit petitioners could not establish the allegation about the existence of any land of the writ-respondent No.5 in or about the vicinity of the acquired land by producing any authentic and official document when the writ respondent No. 5 denied the same. It is therefore clear that the allegation ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....y the learned brother "but the evidence on record as to the cause of death was not confidence-inspiring. In this background of the case, awarding of capital punishment appears to have been and injustice" and there upon was of the view that in the aforestate of the matter the High Court Div......s may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document." 75. Our Article 104 is similar to Article 142(1) of the Indian Cons..Category: Criminal Law | Date: | Hits: 62
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
..... 5. We have heard the learned Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the point raised. In the interest for doing complete justice in the matter we are not inclined to interfere with the impugned judgment of the High Cour......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ..Category: Property Law | Date: | Hits: 19
Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ..Category: Employment/Service Law | Date: | Hits: 81
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
....f causing death of Kalu and injury to Ashraf Ali and the post-mortem report of deceased Kalu indicated that he (Kalu) sustained several gunshot injuries in his person causing serious miscarriage of justice calling for interference by this Court. 7. We have heard Abdur Rouf Mia, the learned De...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ..Category: Criminal Law | Date: | Hits: 38
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....overall design and get up." 13. In view of the facts and circumstances of the case we do not find any illegality in the judgment of the High Court Division but for ends of justice, the petitioners should be at liberty to file application for fresh registration before the......t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ..Category: Intellectual Property Law | Date: | Hits: 306
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ......ammad Ezahar Hossain and on 30.01.1962 a registered lease deed was executed between the parties. Md. Hossain has no relationship with Abu Mohammad Ezahar Hossain. He also failed to supply necessary documents in support of his claim. The disputed plot has rightly enlisted as abandoned property. T..Category: Property Law | Date: | Hits: 21
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
....to make out a case of requirement. He also argued that the finding of the learned Single Judge is based on proper appreciation of materials on record and as such there is no question of failure if justice. 7. We have heard the learned Counsel of both sides and considered their submis...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
....erials and as such the impugned judgment is liable to be struck-down. He also submits that the learned Single Judge of the High Court Division committed a grave error of law occasioning failure of justice in not finding that the court of appeal below upon misconception of law and misreading of t...... 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: V ADC (2008) 952. ..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....nctus officio and thereby the application for recalling the order is not legally maintainable and per se the impugned order is bad in law and as such the same is liable to be set aside for ends of justice. Learned Advocate further submits that the applicant-respondent No.6 was not a pa......60,000/- as soletium. The plaintiffs have got no title and possession and therefore the suit is liable to be dismissed with costs. 4. The trial Court upon examining both oral and documentary evidence on record decreed the suit against which, the defendant-petitioners preferred ..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....dra Das, such alienation took place, non-consideration of such factual and legal proposition led the single Judge of the High Court Division to commit error in law which resulted in miscarriage of justice. He lastly submits that admittedly the suit is brought for the relief for declaration of ti......se of trial, the plaintiff and the defendants have adduced witnesses in support of their respective claim. The learned trial judge upon careful consideration of all the evidence both oral and documentary and other materials on record passed the judgment and decree dated 23.2.1984 granting s..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....circumstances of the case and rejecting the application for amendment and an application under Order XLI, rule 27 of the Code of Civil Procedure without considering in its real perspective, ends of justice has not been secured by rejecting those application. Thus, in the facts and circumstances o......er purchased by the appellant in benami, in her name and the appellant did not pay the consideration money. 7. The learned Subordinate Judge examined witnesses of the parties, received documents in evidence and decreed the suit. 8. The defendant-respondent preferred First App..Category: Procedural Law | Date: | Hits: 173
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......s "C" series so as to prove collateral evidence of title and possession in the suit land but the High Court Division by non-reading of evidence was wrong to hold that the defendant has no document of possession and the Appellate Division in turn maintained the finding that plaintiffs a..Category: Property Law | Date: | Hits: 26
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