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Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ...... the finding the High Court Division that the appellants had raised the disputed structure taking advantage of the order of stay granted by the District Judge which had the effect of forestalling the decision of the Court in the injunction matter, the learned Judge was perfectly justified in issuing..Category: Property Law | Date: | Hits: 31
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......acts and circumstances of the case and in view of the discussion 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 same. Accordingly, the petition is ..Category: Criminal Law | Date: | Hits: 54
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......ld not be disposed of. 12. In view of the discussions above, we are of the view that the High Court Division on correct assessment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is ..Category: Employment/Service Law | Date: | Hits: 70
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ...... the time of the alleged purchase by the kabala Ext. Ka. The High Court Division also found that the learned District Judge considering the provisions of Order I rule 9 CPC and also citing few decision of superior courts held in the facts and circumstances of the present case the suit should..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......ased is not a proper judgment of reversal. 5. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is ..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ...... CPC and in those cases the Court took the view that the proceeding under Order 9 Rule 13 CPC was available against exparte order allowing pre-emption. The High Court Division, relying on the above decisions, held that in the instant case Order 9 Rule 9 CPC is available to the pre-emptor to set ..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ...... nor exhibit-23 have been proved by sufficient evidence. 7. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned counsel could not point at any error or infirmity in the decision of the High ..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......on is an old one and it is the reconstruction of the public road to connect villages through the khas land and during the pendency of the suit there was no construction of new road and so the decision as arrived at by the High Court Division cannot be sustained in law. 4. As it appea..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......late Court "without properly assessing the evidence in the light of the pleadings of the parties and also ignoring the documentary evidence which has resulted in an error in the impugned decision occasioning failure of justice". 9. Since the consideration of the evidence b..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......it-respondents, now appellants, namely the Government of Bangladesh in the Ministry of Planning and in the Ministry of Agriculture and three Government functionaries, to show cause as to why their decisions/actions in amending the Project Pro-forma of the Project called Strengthening Plant Prote..Category: Constitutional Law | Date: | Hits: 146
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......ajority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detention have been grossly violated causing error in the decision on merit and whether a restatement of the said principles has become necessary. 4. Whi..Category: Procedural Law | Date: | Hits: 107
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....d the appeal. 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) 169. ......erred in law in failing to apply their independent judicial mind to the fact and circumstance of the case in the light of the legal evidence on record as the final court of fact while affirming the decision of the trial court and this has caused a miscarriage of justice. Hence the impugned ..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......ere had been another miscarriage of justice. 8. We are of the view that the High court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ....... Being aggrieved and dissatisfied thereby the State as appellant has filed the present petition for leave to appeal. 14. The learned Deputy Attorney General submitted that the findings and decisions of the High Court Division is bad in law since it failed to sift the evidence on record. ..Category: Criminal Law | Date: | Hits: 44
Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)
....n. There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 147. ......e facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record and appreciation of law involved arrived at a correct decision. There is therefore no warrant in law to interfere with the same. Accordingly..Category: Civil Law | Date: | Hits: 88
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......ing order of an elaborate one, could not by itself be a valid ground for interference by this revisional Court unless it can be shown that the Court below has committed an error of law in the decision occasioning failure of justice. The judgment and order of the Subordinate Judge may h..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......ying or making any variation of the said order, the High Court Division was wrong to grant permission to construct a building upon the land in possession of the defendant and as such his decision merits interference by this Court; that without any documentary evidence of the parties re..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......Controller of Export and Import has rejected the said application of the respondent stating the reason therefore. The High Court Division is not an appellate forum to sit in an appeal over the said decision of the authority. Rule 19 of the Rules provided for appeal review for revision against th..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....he materials on record 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: V ADC (2008) 120. ......m the date of his joining. 13. Therefore, in the facts and circumstances, 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. The petition is dismissed. E..Category: Employment/Service Law | Date: | Hits: 86
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ...... 5. Lastly Mr. Khan submits that the High Court Division misconstrued and misinterpreted the provisions of Order 7 Rule 3 of the Code in this particular case and committed error of law in the decision and most illegally and arbitrarily passed the impugned judgment. 6. Mr. Mohammad Moh..Category: Property Law | Date: | Hits: 27
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