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Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....-petitioner will be at liberÂty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......g a decree in a suit for specific performÂance of contract. The learned Advocate-on-Record failed to satisfy us as to how the learned Assistant Judge could pass such a decree in a partition suit? In view of the above, the learned Single Judge of the High Court Division is perfectly justified in not..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....rived at a correct decision. We, thereÂfore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......urpose and the defendant No.4 being a trustee of the aforesaid trust wanted to develop a Housing Estate and to utilize income there from for the welfare and charitable purÂpose of the said trust. In view of that he prayed for settlement of the suit land in favour of O.J. trust on 16th January, 2008..Category: Property Law | Date: | Hits: 25
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....uddin Bulbul, the learned Advocate appears on behalf of the respondents. The learned Advocate for the petitioner submits that the courts below failed to consider the evidence on record and arrived at erroneous concluÂsion. The learned Advocate further subÂmits that the High Court Division failed t......any substance in any of the submissions of the learned Advocate for the petitioner. The learned Advocate for the responÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in..Category: Property Law | Date: | Hits: 21
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......, Advocate-on-Record- For the Petitioner. Mahmudul Islam, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For Respondent No.1. Not represented-Respondent No. 2. Civil Review Petition No. 1 of 2009. (From the judgment and order dated 09.06.2008 passed by the Appellat..Category: Intellectual Property Law | Date: | Hits: 273
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......issions of Mr. Abdur Razzak, the learned Advocate for the respondent that the respondent will return to the country just after next Ramadan. 15. In the above facts and circumstances, we are of the view that the High Court Division having considered all the materiÂals on record and the submission..Category: Others | Date: | Hits: 115
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Nawab Ali, Advocate-on-Record-For the Respondent No.1. Not Represented- Respondent No.2-7. Civil Review Petition No. 18 of 2009. (From the judgment dated 30.07.2008 passed by this Appellate Di..Category: Property Law | Date: | Hits: 20
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ...... the writ petitioner admitted that the tenure of the last executive comÂmittee expired on 17th March, 2009 but the learned Judges of the High Court Division ignored the above admitted posiÂtion. In view of the admission of the learned counsel for the writ petitioner that the new executive committe..Category: Constitutional Law | Date: | Hits: 107
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......thereof. 12. Accordingly this application for withÂdrawal of the suit with liberty to institute a fresh suit in respect of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Repor..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......lding that their application was not maintainable. Mr. Bhuiyan finally argued that since the petitioners are the third party claimants, they are not required to deposit 25% of the decreetal amount in view of section 32 of the Artha Rin Adalat Ain, 2003 and the learned Judges of the High Court Divisi..Category: Property Law | Date: | Hits: 28
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......dence on record also being based on misÂinterpretation of material evidences on record. I, therefore, find that there is a good deal of substance in the contentions raised by Mr. Abul Quasem and the view taken by the appellate Court below cannot be legally sustained." It therefore appears that the ..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ...... A. B. M. Nurul Islam, Senior Advocate, Mr. N. K. Saha, Senior Advocate instructÂed by Md. Nawab Ali Advocate-on-Record-For the Petitioners. Not Represented- the Respondents. Civil Review Petition No.15 of 2009. (From the judgment and order dated 6.11.2008 passed by the Appel..Category: Property Law | Date: | Hits: 26
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......e application for amendment of the plaint the plaintiff claimed that after filing the appeal in the lower Appellate Court the defendant having realized that he would not get relief in the suit with a view to forestall the appeal raised some constructions in the suit lands taking advantage of the pla..Category: Property Law | Date: | Hits: 20
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......o a police officer under section 54 of the Code.
The power given to the police officer under this section, to a large extent is inconsistent with the provisions of Part III of the Constitution. In view of this position, such inconsistency is liable to be removed……………………………â€..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ...... Rahman @ Shamsu vs State reported in 42 DLR (AD) 200 the case of Tapinder Singh vs State of Punjab AIR 1970 SC 1566, the case of Lallubhai Devchand Shah vs State of Gujara, AIR 1972 SC 1776 took the view that before relying upon a dying declaration it is the duty of the Court of law to scrutiny the..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....puted property not being an enemy property, erred in law in holding that the Government under Act XLV of 1974 acquired the authority to execute the deed of settlement. The High Court Division upon an erroneous view of the provisions of section 52 of the Transfer of Property Act wrongly held that the......am, the learned Counsel appearing for the appellants in Civil Petition No.1759 of 2002 submitted that the appellant having prayed for declaration of title of the disputed land which became clouded in view of the judgment and order of the High Court Division dated 2-12-1991 passed in Writ Petition No..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
.... Erfan Ali vs Jainul Abedin Mia 35 DLR (AD) 216 and Government of Bangladesh Vs. AKM Abdul Hye 9 MLR (AD) 82=56 DLR (AD) 53. 10. In the case of Erfan Ali (Supra) this Court observed "this view is erroneous, for rent receipts, though not documents of title, are important item of evidence of posse......cases of Erfan Ali vs Jainul Abedin Mia 35 DLR (AD) 216 and Government of Bangladesh Vs. AKM Abdul Hye 9 MLR (AD) 82=56 DLR (AD) 53. 10. In the case of Erfan Ali (Supra) this Court observed "this view is erroneous, for rent receipts, though not documents of title, are important item of evidence ..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......re not covered by any specific provision of the Court. The inherent power of the Court is undefined and indefinite and, as such, it must be exercised very sparingly and with great cauÂtion". Similar views have been expressed in the State of Uttar Pradesh vs Mohammad Nairn, PLD 1964 SC 703 as under:..Category: Anti-Corruption Laws | Date: | Hits: 195
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... the judgment and order of the High Court Division calling for interference by this Court and accordÂingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......to raise protest against the activities of accused-petitioners for which the accused-petitioners tried to humiliate the complainant and his father in the estimation of the public and with that end in view influenced accused Nos.1 and 2. 4. The further case of the prosecution is that accused N..Category: Others | Date: | Hits: 82
....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......took lease of a shop room from the Dhaka Nowab Court of Wards Estate in 1980. In 1985 the Government decided to acquire the historic Ahasan Manzil along with the lands of C. S. Plot No.725-726 with a view to preserve and protect the said Ahasan Manzil as monuÂment making necessary renovation thereo..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......indings of the trial court on the question of possession and disÂpossession, made on treating the case as one under section 9 of the Specific Relief Act, the High Court Division erred in holding "In view of the above, I am constrained to hold that the eviÂdence of possession and dispossession as a..Category: Property Law | Date: | Hits: 18
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