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Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......h the courts below with specific observations held that the pre-emption case was barred by limitation and the sale was within the knowledge of the pre-emptor and hence in exercise of revisional jurisdiction illegally interfered with the concurrent finding of the Courts below by the High Cour..Category: Property Law | Date: | Hits: 30
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......shy;lor the finding of the learned Judges of the High Court Division that the election petition being purely on law points the alternative remedy under Article 52 is not a bar to invoke writ jurisdiction for is interpretation of law is contrary to the principles of law enunciated i..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ...... is ascertained that the victim girl is minor, non-consideration of the prayer for release of the victim girl by the High Court Division displayed lack of application of judicial mind in exercising jurisdiction under section 491 Cr. P. C. and in view of her admitted minority during pendency of the..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......pears, by its impugned judgment and order has very distinctly and clearly found upon very careful consideration of the evidence on record while discharging the Rule, that the Special Tribunal had jurisdiction to try the case as offence was disclosed by the materials on record and it found corr..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....basis of a notice which was found to be illegal by the High Court Division the civil court can exercise its inherent power under section 151 of the Code in such a case and in the present case this discretionary exercise of power has not run counter to the interest of justice. 8. We have g......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ......The plea of the appellant was that he obtained necessary permission from the Arbitration Council but the same was not accepted by the court since the Chairman of No. 6 Omarpur Union Parishad had no jurisdiction to entertain the petition under sub-section (2) of section 6 of the Muslim Family laws..Category: Criminal Law | Date: | Hits: 35
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......te on 10.6.1997. The Magistrate took cognizance and also enlarged the respondent No.1 on bail. 3. Thereafter, the accused respondent moved the High Court Division in its criminal revisional jurisdiction in Criminal Miscellaneous Case No. 3325 of 1997 under section 561A of the Code of Crim..Category: Criminal Law | Date: | Hits: 45
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ......he Government is empowered to seize arms of any person and to detain the same for such time as it thinks necessary for the public safety. Therefore, in our view, the respondents have acted without jurisdiction and beyond his authority which cannot be sustained in law. 8. In the result, th..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
....ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ...... a play ground or an open field or a water reservior/river and also for declaring memo dated 06.04.1999 issued by the defendant No.1 Rajdhani Unnayan Katripakkhya in short RAJUK as illegal, without jurisdiction and not binding upon the plaintiff. 3. In the plaint it was asserted, inter ali..Category: Property Law | Date: | Hits: 40
Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
....tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......the impugned judgment and other connected papers on record. 6. The learned Counsel submits that the High Court Division observed that the trial Court (Additional District Magistrate) had no jurisdiction to frame charge under Section 307 of the Penal Code but in fact the trial Court had ju..Category: Criminal Law | Date: | Hits: 38
Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......by the impugned judgment and order dated 23.11.2004 dismissed the appeal and affirmed the judgment of the trial Court. 5. The defendants moved the High Court Division in revisional jurisdiction against the judgment of the appellate Court and obtained Rule. The High Court Division..Category: Property Law | Date: | Hits: 22
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ......n of the remaining area of those mouzas; that during the C.S. operation boundary of a mouza has been demarcated considering the various factors and each of the mouzas had been numbered in the jurisdiction list as J.L. number and without the process of State Acquisition and Tenancy Act, ther..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......allowed the appeal and set aside the judgment and decree of the trial court and sent the case on remand for fresh hearing. Being aggrieved the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule and the High Court Division upon hearing made the Rule absolute...Category: Property Law | Date: | Hits: 34
Md. Delowar Hossain Vs. Md. Nurul Hoque and others, 2007, 36 CLC (AD)
....submissions of the learned Advocate for the petitioner merit no consideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......cerned. Thereafter, while the petitioner has been peacefully functioning as Nikah Registrar in the said union the respondent No.2 passed the order dated 09-05-2004 curtailing the petitioner's jurisdiction in the only union i.e. No. 6 Payari Union without giving any show cause notice to the ..Category: Civil Law | Date: | Hits: 81
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......n his favour, the subsequent claim of the plaintiff on the basis of kabala dated 23.6.1986 has no basis at all because admittedly the suit land is situated within the territorial jurisdiction of Derai Sub-registry Office but the plaintiffs kabala dated 23.06.86 allegedly execut..Category: Property Law | Date: | Hits: 22
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord 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: VI ADC (2009) 217. ......e plaintiff. On appeal being Title Appeal No. 115 of 2000 the appellate Court allowed the appeal and dismissed the suit. Being aggrieved, the plaintiffs moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was made absolute. 5. We have heard Abdul..Category: Property Law | Date: | Hits: 20
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ...... leave petitions. 8. The learned Counsel for the petitioners submits that the finding of fact arrived at by the appellate court being the final court of facts, the High Court Division had no jurisdiction to disturb the final finding of facts without reversing the finding of the appellate ..Category: Property Law | Date: | Hits: 25
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......nd possession in the suit land. 4. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to exercise the jurisdiction vested in him by Section 115(1) of the Code of Civil Procedure and in not interfering ..Category: Property Law | Date: | Hits: 23
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......astly, he contended that the sale of agricultural land was prohibited under section 19 of the Pakistan (Administration of Evacuee Property) Act, 1957, and, therefore, the Custodian authorities had no jurisdiction to confirm the sale transaction under section 20 of the Pakistan (Administration of Eva..Category: Property Law | Date: | Hits: 28
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
.... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ......twalli is removed and he is aggrieved he can prefer appeal under Sub-Section (3) of Section 32 of the Ordinance. The petitioner not having taken any recourse of such provision instead invoked writ jurisdiction under Article 102 of the Constitution which is not in accordance with law and as the p..Category: Trust/Waqf Law | Date: | Hits: 173
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