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M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)

.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......Court Division without disposing of the appeal on merit was correct in sending the suit back on remand. It may be mentioned the High Court Division did not at all adverted to the finding and decision made by the trial Court while making the observation that the said Court was unaware of th..

Category: Property Law | Date: | Hits: 30

Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)

.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......punished for the same offence more than once. The learned Advocate-on-Record has further submitted that the High Court Division on misconception of fact of the instant case has failed to apply the decision in the case reported in 19 DLR 255, contrary to the principle of autrofois acquit i.e. as..

Category: Constitutional Law | Date: | Hits: 109

Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)

.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......roceed with the case after the examination of the complainant". 16. Almost same view was taken in the case of Siddique Ahmed and others Vs. The State, 37 DLR 223, where it was held that "after the decision of the Privy Council in the case of Abdul Rahman, 31 C.W.N. 271, section 537 of the Code of..

Category: Criminal Law | Date: | Hits: 105

Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......Survey No. 763 was prepared covering the peri­od 1969-89. 6. In Writ Petition No. 3029 of 1999 the respondent No.1 on 11.5.2000 filed another affidavit in opposition stating that according to the decision Dhaka Municipal vested Properties Allotment Committee, notice for surrendering possession w..

Category: Property Law | Date: | Hits: 40

Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)

....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......ected papers includ­ing the impugned judgment and order of the High Court Division. The High Court Division upon correct assessment of the evidence and materials on record arrived at a correct decision and committed no error in accepting the reference and dis­missing the appeal. There is..

Category: Criminal Law | Date: | Hits: 25

Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)

....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......heard the learned Advocate for the petitioner and perused the connected papers. We are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision and rightly made the rule absolute by setting aside the order of the Land Appeal Board. The..

Category: Property Law | Date: | Hits: 31

Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)

.... consequently High Court Division was not in error in dis­charging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......in Title Execution Case No.96 of 1985 it will appear that the title of the peti­tioners have not been extinguished in the suit land. 5. As it appears the High Court Division in its  decision, after discussing the  very points raised now by the petitioners held that the Trial..

Category: Property Law | Date: | Hits: 24

N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)

....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......ndents' action in denying the permission for doing insur­ance business in favour of the appellant cannot be found fault with. The High Court Division under the facts and cir­cumstances took correct decision in dis­charging the rule. 13. Before we part with we, however, like to observe that the..

Category: Business or Commercial Law | Date: | Hits: 81

Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)

....firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ......learned counsel for the petitioner also could not point any misreading/non read­ing and non consideration of evidence and the materials on record and/or any other illegality or infirmity in the decision of the High Court Division and accordingly no interference is called for. The petit..

Category: Property Law | Date: | Hits: 23

Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)

....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ......rial Court, considering all these facts minutely, decreed the suit. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned Advocate-on-record could also not point out any infirmity of the kind calling..

Category: Property Law | Date: | Hits: 26

Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)

....s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ...... the learned Advocate-on-Record. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision, that miscella­neous case was barred by limitation. There is no cogent reason to inter..

Category: Procedural Law | Date: | Hits: 91

Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)

....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......cts and circumstances of the case and in view of 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. There is no cogent reason to interfere with the impugned judgment. Both the civil ..

Category: Property Law | Date: | Hits: 48

Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)

.... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ...... not suffer from any illegality. 15. We have perused the judgment and order of the High Court Division. The learned Single Judge considered the facts and circumstances and came to a correct decision in discharging the rule. In this view of the matter we do not find any substance in..

Category: Property Law | Date: | Hits: 24

Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)

.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 519. ......itted. 9. Therefore, in the facts and circum­stances of the case, we are of view that the High Court Division upon correct assess­ment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petit..

Category: Property Law | Date: | Hits: 20

Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)

....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......hali High School is in possession of the suit land. 6. Accordingly we are of the view that the High Court Division on proper apprecia­tion of the materials on record arrived at a correct decision and there is no cogent ground to interfere with the decision of the High Court Division. ..

Category: Property Law | Date: | Hits: 29

Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)

....the applica­tion for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ...... SABINCO and Dutch Bangla Bank Ltd. have already cancelled the bank guarantee executed by the writ petitioners-respondents-applicants Annexure-3 to the affidavit dated 12.04.2004 and in view of the decision of Sonali Bank vide letter dated 22nd March, 2006 to withdraw civil petitions for leave to..

Category: Banking Law | Date: | Hits: 103

Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)

....cord 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: 13 MLR (AD) (2008) 359. ......the same should not succeed. 8. In view of the discussions made above, wt are of the view that the High Court Division upon correct assessment of the materials or record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. ..

Category: Property Law | Date: | Hits: 30

Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)

.... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ......cluding the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the legal position and materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingl..

Category: Civil Law | Date: | Hits: 94

Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)

....to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......d in favour of the plaintiff and accordingly made the rule absolute. We are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petit..

Category: Property Law | Date: | Hits: 96

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......he above facts and circumstances of the case and 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 appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also ..

Category: Civil Law | Date: | Hits: 119