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.... found so by the courts below. He has referred to a number of decisions in support of the contention to which I shall advert at the relevant portion of the judgment.
8. In the instant case certain facts are admitted, namely, that the defendant organisation was inducted in as a tenant under a writ......
December 13, 1988.
Cases Referred to-
Ramjan Ali Mistry Vs. Md. Hadeyetullah, 31 DLR (AD) 183; M/s. Abdul Hoque vs. Zakir Hossain, 1984 B.L.D. (AD) 298; P.K. Chakraborty Vs. A.P. Chowdhury and others, B.L.D. 1981 (AD) 19
Lawyers Involved:
Md. Nawab Ali, Advocate—For the Petitioner......nt Control OrdiÂnance, therefore, the petitioner is liable to be ejected outright and this concurrent finding of fact to the efÂfect that the defendant was a defaulter, having found on the basis of evidence on record, need not be interÂfered with by this Court in exercise of its revisional jurisd..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....the decisions of the lower appellate Court, which was arrived at without considering the evidence of the witnesses of the pre-emptee. The case is reported in 48 DLR (AD) 160. There is a similarity of facts of the present case and the facts of that case. Like the pre-emptor of the present case, the p...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mamtaz Uddin Ahmed Md. Mokbul Hossain………………………Pre-emptee-Appellant Petitioner Vs. Md. Umar Ali and others……….Pre-emptor Respondent-Opposite Parties Judgment November 5, 2009. Cases...... witnesses and the pre-emptee examined 3 witnesses including himself and the Advocate Commissioner also examined as witness. 5. The learned Assistant Judge after hearing the parties, perusing the evidence of the parties and the record allowed the preemption case by his judgment and order dated 2..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
.... 1955, the impugned kabala dated 17/12/1972 did not create any right, title and interest to the purchaser-respondent No.1 hereof on the basis of said deed but the High Court Division misconstrued the facts as well as the relevant law and thereby arrived at a wrong decision occasioning failure of jus......ppellate Division (Civil) Present: Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate, repÂresented by its Mutwalli Hajee Afazullah Khan……………â€......f No.2, the present petitioner hereof, examined one witness as P.W.1 and the contesting defendant No.1 also examined one witness D.W.1. 8. The trial Court on due consideration of the materials and evidence on record and the submissions made by the learned Advocates of the contesting parÂties dis..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interÂfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......hah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nurun Nobi ............................Petitioner Vs. Khondaker Moklesur Rahman and others………………Respondents Judgment May 20, 2010. Lawyers Involved: Abdus S......ing himself as D.W.1. Both the contesting parties submitted docuÂments in support of their respective cases which were marked as exhibits. 6. The Trial Court on consideration of the materials and evidence on record and the submissions of the learned Advocate of the contesting parties decreed the..Category: Property Law | Date: | Hits: 31
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
....anskhali, Chittagong to have been passed without lawful authority and is of no legal effect and directing the respondents to hand over charge of office to the petitioner without delay. 2. Relevant facts are that the petitioner was elected as the Chairman of Kalipur Union Parishad under Banshkhali......ent: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Nurul Hoque………………………………………………….Petitioners Vs. Aminur Rahman Chowdhury and others………………...Respondents Judgment December 13, 2009. Lawyers Involved: ...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ..Category: Election Law | Date: | Hits: 96
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....vision in First Appeal Nos. 88, 70 and 274 of 1995, dismissing all the appeals and upholding the decree passed by the Joint District Judge, Fifth Court, Dhaka, in Title Suit No. 57 of 1994. 2. The facts, in brief, leading to the filÂing of this review petition are that Rustam Ali and his wife th......ivil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Government of Bangladesh and others…………………...Petitioners Vs. Mariam Begum and others…………...............ade proper inquiry to ascertain whether a Bazar was established by the owner of the suit land or it was established by any other persons without obtaining consent of the owner of the suit land and no evidence was called either from local people or shop keepers to ascertain who established the Bazar ..Category: Property Law | Date: | Hits: 33
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....istrict Judge, Bhola in Title Appeal No. 86 of 1990 reversing the judgment and decree dated 30-6-90 passed by the Subordinate Judge, Bhola in Title Suit No. 78 of 1986 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit fo......d in: 54 DLR (2002) 550.......ed some documents while the contesting defendant examined four witnesses, including himself, in support of their respective cases. 7. The learned Subordinate Judge on consideration of the material evidence an record was pleased by the impugned judgment dated 30-6-90 to decree the suit on contest...Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
.... to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ Petition No. 3058 of 2001. 2. The relevant facts are that the filed Writ Petitioners No. 3058 of 2001 before this Court challenging the legalit......This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
.... on record dismissed the appeal and there is no cogent reason to call for any interÂference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 30.6.2009 passed by the High Court Division in Criminal Appeal No. 3514 of 2003). ......Being aggrieved, the petiÂtioner preferred Criminal Appeal No. 3514 of 2002 and after hearing, the High Court Division, by judgment and order dated 30.06.2009, dismissed the appeal holding that the evidence on record indicates that the petitioner directly committed the offence on board daylight in..Category: Criminal Law | Date: | Hits: 31
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....section 342 of the Code of Criminal Procedure; that the High Court Division has misread, misÂconstrued and misunderstood the materiÂals and evidence on record and conseÂquently miscomprehended the facts of the case and misapplied the law; that there is no motive in the present case for the purpos......r Saha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 251of 2008. (From the judgment and order dated the 25th day of February, 2008 passed by the High Court Division in Criminal Appeal ......oner was not examined corÂrectly and appropriately under section 342 of the Code of Criminal Procedure; that the High Court Division has misread, misÂconstrued and misunderstood the materiÂals and evidence on record and conseÂquently miscomprehended the facts of the case and misapplied the law; ..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
.... submitted that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mere surmise and conjecture. The learned Additional Attorney General...... Present: Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J The State………........................Petitioner Vs. Masum and others……………........Respondents Judgment February 7, 2010. Result: Leave is......ordance with law. The learned Additional Attorney General further submitted that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mer..Category: Criminal Law | Date: | Hits: 47
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
....khali in Title Suit No.4 of 1995 and Miscellaneous Case No.1 of 1995 dismissing the suit for declaration that the suit ewaj deed was out and out sale deed and subject matter of pre-emption. 2. The facts involved in the case, in short, are that the plaintiffs are the co-sharers by inheritance in t......grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... month. The preparation of paper books is disÂpensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880...Category: Property Law | Date: | Hits: 52
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
..... - This petition for leave to appeal is directed against the judgÂment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No.1879 of 2008 discharging the Rule. 2. The facts, in short, are that the responÂdent as plaintiff filed a Family Suit bearing No.48 of 2006 (F......olved: Firoz Shah, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1361 of 2009. (From the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No.1879 of 2008.) ......ng the title and possesÂsion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878...Category: Family Law | Date: | Hits: 200
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
.... - This petition for leave to appeal is directed against the judgÂment and order dated 26.02.2009 passed by the High Court Division in Civil Revision No. 1841 of 2004 discharging the Rule. 2. The facts, in short, are that the responÂdent Nos.1 and 2 instituted Title Suit No. 282 of 1992 in the ......e Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Begum Firoja Siddique and another…………….........Petitioners Vs. Md. Nizamul Islam (Nizam) and others……â......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ..Category: Civil Law | Date: | Hits: 65
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
.... land are the representatives of the whole villagers of Angarjure restraining the defendant permanently from peaceful use and enjoyment of the suit land by the people of Angarjure. 3. The relevant facts, in short, are that the schedule land was a part of former resurvey settlement plot No. 790 an......Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abdul Noor and others……………………...Petitioners Vs. Abdul Jabbar and others………………......nt Officer, which was dismissed in favour of defendants and that the suit Plot being C.S. Plot No.790 comprises of over 850 bighas of land. 5. The Trial Court on consideration of the materials and evidence on record and the submissions of the learned Advocates of the contesting parties decreed th..Category: Property Law | Date: | Hits: 27
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....iffs having failed to prove their claim of possession followed by dispossession by the defendants, the learned Judges of the High Court Division fell in an error in interfering with those findings of facts and restoring those of the trial Court. 6. We have perused the judgments of the trail Court......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Liaquat Ali Khan and another…………………........Petitioners Vs. Md. Nazimuddin and another…………......of title and these being findings of fact are immune from interference by the High Court Division exercising the revisional jurisdiction in the absence of any misreading or non-considÂeration of the evidence on record in arrivÂing at such findings. Learned Counsel furÂther contended that the Cour..Category: Property Law | Date: | Hits: 30
....f October, 2009 passed by the High Court Division in Writ Petition No.7835 of 2008 making the Rule absolute with direction to issue the 'Letter of Consent' in favour of the writ-petitioner.
2. The facts involved in the case, in short, are that the respondent No.1 is a businessÂman and the owner ......) 857.
......reparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
..
Category: Others | Date: | Hits: 82
....d. Marzi-ul-Hoque, AHM Shamsuddin and Md. Nizamul Hoque were added as petitioner Nos. 4, 5, 6, 7 and 8 respectively in Writ Petition No. 2975 of 2003 by an order passed on the same date.
11. Short facts on which Writ Petition No. 1543 of 2003 were made are that the President of the Republic by it......e
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
SK Sinha J
Nazmun Ara Sultana J
Syed Md. Ziaul Karim J
Idrisur Rahman (Md.) and others.………………………Petitioners (In Writ Petition No. 1543 of 2003)
with
Md....... become law also by judicial recognition' stated KC Wheare in 'Modern Constitution' 1966 Edition....
It is no doubt correct that the existence of a particular convention ought to be established by evidence on the basis of historical events and expert factual submissions. But once it is establishe..
Category: Constitutional Law | Date: | Hits: 253
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....blic of Bangladesh is directed against the judgÂment and order dated the 14th day of May, 2009 passed by the High Court Division in Civil Revision No.3839 of 2001 making the Rule absolute. 2. The facts involved in the case, in short, are that 5 kathas of land equivalent to more or less .8 decima......reme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Arshad Hossain Haider and others………….........Petitioners Vs. Suza Uddoula and others………......Responden......alse and the same is liable to be dismissed. 4. Mr. S.H. Md. Nurul Huda Jaigirdar, learned Advocate, appearing for the petiÂtioners submitted that the High Court Division without adverting to the evidence and findings of the Trial Court and the Court of Appeal below erroneously found that 'Jamir..Category: Property Law | Date: | Hits: 32
....have perused the leave petitions and heard the learned Advocate for the leave petitioner as well as the learned advocate appeared for the respondent having filed caveat.
6. On consideration of the facts and cirÂcumstances of the case, it appears that the writ-petitioners had no cause of action t......)
Present:
Mohammad Fazlul Karim CJ
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Chief Personnel (West), Bangladesh Railway and others...........Petitioners (In all the cases)
Vs.
Muhammad Shamsur Rahman and other…â€......rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disÂposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
..
Category: Employment/Service Law | Date: | Hits: 86
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