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Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ...... properly constituted suit for partition, if so advised, is filed. 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 counsel could not point at any illegality or infirmity in the decision of the..Category: Property Law | Date: | Hits: 23
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......ved any notice under Section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 and as such she could not make any effective representation to the respondents against their decision for acquisition of the petitioner's land. 14. Subsequently a notice signed by resp..Category: Property Law | Date: | Hits: 31
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......ed a suit for declaration of title and partition of the suit land. 6. 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 counsel could not point at any illegality or infirmity in the dec..Category: Property Law | Date: | Hits: 33
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......etitioner till final publication of Compensation Assessment Roll in respect of the 4 annas share of the said Jalmohal which is a Waqf Estate and thereby the High Court Division came to an erroneous decision, as such caused failure of justice; that the High Court Division without considering the i..Category: Property Law | Date: | Hits: 50
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......urt may consider this matter at the time of framing of the charge. 4. 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 counsel could not point at any illegality or infirmity in the decision..Category: Criminal Law | Date: | Hits: 43
Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 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: 13 MLR (AD) 2008, 143. ......under the Rules. 7. Therefore, 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 same. Accordingly, the leave petit..Category: Employment/Service Law | Date: | Hits: 83
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......h they do not come within the ambit of section 6 of the Ordinance. 7. 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 counsel could not point at any illegality or infirmity in the decision of the..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......the deed in question as forged and as such continuation of the instant case is an abuse of the process of the Court and as such should be quashed. In support of his submissions, he referred to the decisions in the case of Nasiruddin Mahmud and others vs. Momtazuddin Ahmed and another reported in..Category: Criminal Law | Date: | Hits: 39
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......s liable to be evicted and hence correctly decreed the suit. 17. The learned Single Judge of the High Court Division paid due consideration to the facts and circumstances and arrived at the decision in accordance with law and thus reversed the judgment of the trial court and decreed the s..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......hence the impugned judgment and order is liable to be set aside. 6. It appears from the record that the High Court Division while reversing the findings of the Court below was of the view that the decision of the trial Court should be interfered with as the same is against the weight of evidence ..Category: Tenancy Law | Date: | Hits: 184
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ...... law has been violated and as such made the rule absolute. 14. We have perused the impugned judgment and in the facts and circumstances we find that the High Court Division came to a correct decision and as such there is no substance in this petition. 15. There is delay of 395 days ..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......ses except where an appeal from a decree or order founded upon that judgment is allowed under the Code and has been preferred. Where, therefore, no appeal has been preferred, a decision given by the High Court in a special appeal is open to review. A special appeal is the nam..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ...... acquittal passed by the High Court Division and as this Court is competent to award any legal sentence on consideration of all evidence on record for ends of justice. 10. The facts leading to the decision of conviction of the accused petitioner had not been disputed at all but the point of diffe..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......ding back the suit on remand accepting the same pleas of the defendants which have been rejected by the Appellate Division and, as such, the impugned judgment having the effect of setting aside the decision of the Appellate Division cannot be sustained in law and it is also contended that the lan..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......at as it appears the said sketch map has been prepared in the background of the publication of the compensation assessment roll in the gazette the same carries legal weight in arriving at the decision as to the class of land in suit. As in the background of the materials on record the ..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......rate) had no jurisdiction to frame charge under section 307 of the Penal Code but, in fact, the trial Court had jurisdiction and, as such, the High Court Division committed error in arriving at the decision. 7. From the judgment of the High Court Division passed in Criminal Revision No. 68..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......Rule. 8. Hence is this petition. 9. In support of the petition Mr. Mostafa Niaz Mohammad, learned Counsel, submits inter alia, that the High Court Division committed error in the decision in discharging the Rule thereby affirming the order of the Joint District Judge who reject..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ...... respondent was not supplied with a copy of the first enquiry report, that the second and third enquiry were held in his absence without allowing him any opportunity to defend himself and thus the decision taken on the basis of the said two enquiry reports was not legally justified. ..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ......most on similar grounds. The Election Tribunal, by order dated 11-4-1999 declared the election, of the petitioner void against which the petitioner moved the Appellate Tribunal who also upheld the decision of the Tribunal. The petitioner then moved the High Court Division in the present revision..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ...... the notices were issued at the dictation of Bangladesh Bank which was the higher authority of the lender Bank; (2) that the notices were issued by the Managing Director alone without the approval or decision of the Board of Directors and (3) that the guarantors were not liable for repayment of the ..Category: Banking Law | Date: | Hits: 139