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Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......idering that the plaintiffs are not in possession in the suit property and as such injunction can not be granted to one, who is not in possession thereby the High Court Division having affirmed the decision of the Appellate Court committed an error of law resulting in an error in the decisio..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......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. 8. The leave pe..Category: Property Law | Date: | Hits: 26
M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)
....or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ......sed in First Miscellaneous Appeal No. 100 of 2005 could be made out by the petitioner. The High Court Division has observed "A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent error......A review can only lie if one ..Category: Alternative Dispute Resolution | Date: | Hits: 193
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......hose to the plaintiff and as a result the plaintiff could not take steps for the maintenance of the machinery raw materials, spare parts, stores and stocks; the consequence will follow. So the decision of the High Court Division can not be sustained. Accordingly the appeal is allowed ..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......s. In the background of the said state of the matter the High Court Division finally observed "it is not safe to rely upon solely on the above evidence of the P. Ws. in order to reach a final decision in this case." The High Court Division on consideration of the evidence of D.W.1 and ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......of a person of unimpeachable character and before the High Court Division similar contention was also made from the side of condemned prisoners and in support of the above contention several decisions were cited but the High Court Division did not consider those holding that decisions refe..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......rted in 2 BLC (AD) 87, 14 BLD (AD) 143, 52 DLR (AD) 51, and 51 DLR (AD) 142. The law enunciated in the aforesaid cases has no relevancy to the point involved in the case as well as for making decision as regard the question of law involved in the instant case. 12. The learned Counsel..Category: Criminal Law | Date: | Hits: 48
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......ts for the months from September, 1993 to January, 1995 but did not give any receipt for the said amount and the Bazar Committee could not settle the dispute between the parties and in view of the decision of the Bazar Committee the defendants remitted rent for the month of February, 1995 on 04...Category: Property Law | Date: | Hits: 35
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......t any error of law which calls for interference. 7. We are of the view that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision o..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d 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: IV ADC (2007) 664. ......sion of the plaintiffs. 6. We are of the view that High Court Division after due consideration of the evidence and materials on record and answering the relevant issues 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
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......counsel appearing for the petitioner. The learned advocate could not point out any misreading or non-consideration of the materials on record or any error, illegality or infirmity in the decision of the High Court Division so as to call for any interference from this Division. A..Category: Civil Law | Date: | Hits: 83
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......The learned Counsel in the background of the facts noticed by the High Court Division and the reasoning upon which made the Rule absolute felt difficulty to take exception to the finding and decision of the High Court Division. It is difficult for us to understand why the authority while r..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, disÂmissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......t upon findings, inter alia, that the plaintiffs having prima facie title to the suit property the defendants are monthly tenants in respect thereof under the plaintiffs. 5. Being aggrieved by the decision in Title Appeal No. 145 of 1965, the defendants filed Civil Revision No. 1222 of 1981 while..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......his fact been known to the subscribers that non-availability of the concerned machinery would not lead to achieve the Company's objective the subscribers might think again for taking investment decision at the time." 3. Accordingly on the basis of the aforesaid complaint petit..Category: Criminal Law | Date: | Hits: 36
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
.... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ......n case of delay in making substitution within the period of limitation which necessarily implies that the legislature intended for disposal of a suit on contest and not to deprive the parties of a decision on technicalities where right to sue survives even after the death of one of the parties i..Category: Procedural Law | Date: | Hits: 75
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......ubÂsection (2) in as much as filing of memorandum of appeal itself has been made dependent on (under sub-section 2) and subject to fulfillment of the sub-section (2)., 37. In this connection the decision in the case of Abdus Sattar and others Vs. IFIC Bank Ltd. reported in 52 DLR (HCD) 4 may be..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ......0. In the facts and circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Rep..Category: Criminal Law | Date: | Hits: 61
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......tices to the then occupiers of the above plot No.4 and before enlisting the said plot in the 'Kha' list of the abandoned property. 5. The High Court Division in its judgment referring to the decision reported in 48 DLR (AD) 1 took the view that the duty is upon the person, who claims that ..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ettlement Cases. The Deputy Commissioner, Barisal on 18.10.1994 by Memo No.2086 forwarded the Settlement Case No.22KT/71-72 along with other 9 cases to the respondent No.2, the Ministry of Land for decision. In the meantime by the order of the President of Bangladesh, a notification was issued an..Category: Property Law | Date: | Hits: 29
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......or respondent No.1 and perused the impugned judgment of the High Court Division and other connected papers. 9. The learned Advocate for the purchaser-pre-emptee-appellant submits that the decision arrived at by both the lower appellate court and the High Court Division that the purchase..Category: Property Law | Date: | Hits: 32