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Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......ure they surrendered the tenancy in favour of the plaintiff landlords in the month of Agrahayan, 1350 B.S., which correspondence to 1943 A.D. The trial Court framed 5 issues in arriving at its decision and found that the suit was not barred by limitation and the suit was not hit by the Ordin..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ved al 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: VI ADC (2009) 823. ......connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the materials on record arrived al a correct, decision. We therefore find no reason to interfere with the same. The petition is accordingl..Category: Property Law | Date: | Hits: 30
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 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: 17 BLT (AD) (2009) 187. ......apers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition ..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......d decree of the courts below is based "on misreading and non-reading and non-consideration of the evidence of (sic) record" and thus the appellate Court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now settled as to..Category: Property Law | Date: | Hits: 35
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......lenging correctness of the last revised record of rights shall lie in such Tribunal. Mr. Nurul Amin and Abul Quashem adopted the arguments of Mr. T.H. Khan, Mr. Quashed however insisted for decision on title. We can only say if any person on behalf of so-called Bhawal Raj Court of Wards E..Category: Property Law | Date: | Hits: 67
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ...... the discussions made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC ..Category: Criminal Law | Date: | Hits: 45
Md. Bazlur Mohammad Vs. Bangladesh , 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: VI ADC (2009) 799. ......desh and others, 51 DLR (AD) 152, the virus of section 4 of the above Act, 1974 and the Rules 3, 4 and 10 of Rules, 1975 were challenged and the Appellate Division, considering various decisions pronounced by both the Divisions of the Supreme Court, answered the question in the..Category: Civil Law | Date: | Hits: 100
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......Court. Hence this leave petition. 6. Mr. Md. Nurul Amin, the learned Advocate appearing for the petitioner, submits that the High Court Division erred in law in not complying with the decision of Civil Revision No.890 of 2002 dated 15-03-2003 and the High Court Division failed to co..Category: Property Law | Date: | Hits: 27
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 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) 780. ......h indicates that his aforesaid departmental appeal dated 26.05.82 has already been rejected and further even if it is conceded that such appeal was not rejected then in the absence of any decision of the higher administrative authority on the departmental appeal filed by the petition&sh..Category: Administrative Law | Date: | Hits: 162
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 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) 772. ......evidence on record and are based on correct principle of law. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any i..Category: Property Law | Date: | Hits: 23
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ity 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: VI ADC (2009) 763. ....... We are of the view that the High Court Division on proper consideration of the materials on record discharged the Rule. The learned counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismi..Category: Property Law | Date: | Hits: 26
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....fundamental right by law could only be challenged in the High Court Division. Mr. Mahmudul Islam, the learned Counsel submitted that in order to have the judicial review of any order the same must be legislative one and not executive one in order to have the force of law. Mr. Mahmudul Islam further ......ivision making the rules absolute in Writ Petition Nos. 62 of 2000 and 5362 of 2000 declaring the impugned order in Memo dated 27.9.1998 Annexure-'k' issued by the respondent No. 1 and the impugned decisions under item nos.12 and 13 as adopted/taken at the meeting of the Standing Committee compris..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......we have come to the unanimous and unhesitating conclusion that it is not, and the Act is a valid piece of legislation. Now we turn to the facts leading to these appeals and give the reasons for our decision. 2. The appellant in Civil Appeal No. 18 of 1997 filed writ petition No. 5321 of 1..Category: Constitutional Law | Date: | Hits: 167
Category: Civil Law | Date: | Hits: 212
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....there 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: ......ttlement with the auction purchaser out of court but the petitioners failed. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interf..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there 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: ...... immovable property and not in relation to recovery of loan money. 4. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and already answered the above submissions and so there is no illegality or infirmity in t..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......of Calcutta (22 CWN 745), State v Abul Khair 44 DLR 284. 27. While endorsing the said submissions, the learned Attorney General and Mr. Ajmalul Hossain Q.C added some points and cited some decisions. Mr. Ajmalul Hossain contends that there is fundamental difference in sections 378 and 42..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......used-appellants by the learned Sessions Judge on 08.11.1998 in Sessions Case No. 319 of 1997 under Sections 302, 34 and 120B of the Penal Code, 1860. In this momentous judgment concurring with the decision pronounced by my learned brother Md. Tafazzul Islam, J, I want to share my thoughts and vi..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ...... 475. Thereafter the third learned Judge was pleased to dispose of the Death Reference and the connected appeals as per provisions of Sections 378 and 429 of the Cr.P.C. It has transpired that the decisions of Supreme Court of the Sub-continent have not laid down a clear guide-line as to how the..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......he rule of law on the ground that the general principles of the Constitution (as for example the right to personal liberty, or the right of public meeting) are with us as the result of judicial decisions determining the rights of private persons in particular cases brought before the Courts;..Category: Criminal Law | Date: | Hits: 228