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S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ...... 10.04.2001 is not an independent order. Since it is a question of limitation provided by special law the finding of the Administrative Appellate Tribunal cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 423
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......ke the payment of the decreetal amount within one year in four installments and thus the mode of payment of installments was made flexible. In the premises, in the instant case, we are of the view that the reasons given by the High Court Division, quoted above, are in accordance with law an..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......6; হওয়া) of the law and the date mentioned in Section 1(3) of the Ain are the dates on which the said law came in-to force or became effective. In the premises we are of the view that Section 47 became effective one year after the date on which the Artha Rin Adalat Ain cam..Category: Civil Law | Date: | Hits: 140
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....or of Late Ahmed Hossain was not maintainable and these facts were considered by the appellate court below. But the learned Judge of the High Court Division misread these facts and came to an erroneous decision occasioning failure of justice. 7. We have heard the learned Counsel and ......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......Rule on proper finding as above on due discussion and consideration of the evidence and materials on record does not suffer from infirmity calling for our interference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingl..Category: Criminal Law | Date: | Hits: 75
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....using her name beyond her knowledge have not been proved and found to be false in view of the deposition given by the pre-emptor herself. The High Court Division observed that the trial Court came to erroneous findings since misread the deposition of the pre-emptor. The High Court Division also obse......dy of the judgment and that the allegations that the preemptor is a name lender and her sons actually filed the cases using her name beyond her knowledge have not been proved and found to be false in view of the deposition given by the pre-emptor herself. The High Court Division observed that the tr..Category: Property Law | Date: | Hits: 33
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....judgment and decree of the courts below is based "on misreading and non-reading and non-consideration of the evidence of (sic) record" and thus the appellate Court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now se......terested witness. 8. The High Court Division reversed the finding arrived at by the courts below as regard the soleh decree obtained by the defendant No.1 in Title Suit No.616 of 1969 on the view that the soleh decree passed by a Court should not be lightly brushed aside and that the soleh..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ...... 20.11.2003 in the Court of the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that he was travelling by road to go to his business office at Sreemangal, Moulavi Bazar and Sylhet with a view to settle annual accounts, pay various debts and to make renovations of his aforesaid business..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......w earlier, the leave petitioner can not get its name entered in the recent record of right prepared during Mohanagar Survey allegedly only on the basis of C.S. Khatian. 9. Thus we are of the view that the leave petitioner had no locus standi to challenge the draft Mahanagar Survey Khatian..Category: Property Law | Date: | Hits: 67
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......Division further found that the law is now settled on the point that a criminal proceeding should not be stifled before trial, when there was a prima facie case for going to the trial. In such view of the matter the High Court Division discharged the Rule. 6. In the circumstances of t..Category: Criminal Law | Date: | Hits: 51
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......pared by the B.D.R. personnel in respect of the seized articles is no seizure list in the eye of law and accordingly allowed the appeal. 6. In the facts and circumstances of the case and in view of the discussions made above, we are of the view that the High Court ..Category: Criminal Law | Date: | Hits: 45
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....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: VI ADC (2009) 799. ...... government including the Word No. 99 of which the petitioner is holding license of Nikah Registrar and that by SRO No.12 Law/39 dated 19 January 1993, Rule 5A was inserted in the Rules 1975 with a view to make permanent all those Nikah Registrars who having been appointed temporarily have ..Category: Civil Law | Date: | Hits: 100
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......gift dated 14.01.1981 in favour of defendant Nos. 1-5 by Salamatullah Majumder was not a genuine document rather it was a fraudulent one. 8. We have considered the materials on record and in our view the High Court Division took a correct view in the matter. We do not find any cogent reason t..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......24 and not the suit land which is C.S. Khatian No.223. Since it was not a proper judgment of reversal the High Court Division rightly set aside the appellate judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed...Category: Property Law | Date: | Hits: 27
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......d 15-03-2003 and the High Court Division failed to consider that the kabala dated 15-03-1988 will shown that the nature of the land in the deed also shown as paddy land. He further submits that in view of fact the learned Single Judge of the High Court Division erred in law in making the Rule ab..Category: Property Law | Date: | Hits: 27
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....thority was rejected earlier than 6.1.1993 and further the Administrative Appellate Tribunal, without reversing the findings of the Administrative Tribunal as to the point of limitation, erroneously allowed the appeal reversing the judgment and order of the Administrative Tribun......s no material illegality on the part of the respondent No.1 in conducting the departmental proceeding and in inflicting impugned punishment against the petitioner. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Administrative Law | Date: | Hits: 162
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ...... vested right regarding assessment of customs duties on the basis of the said notification nor the respondents have increased the rate of customs duty beyond the rate fixed by the legislature. In view of the above, we find no substance in the submission of the learned Counsel for the petitione..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......sses as asserted in the pleading were not supported by the P.W.'s. The appellate Court has rightly considered the discrepancies and reversed the judgment and decree of the trial Court. 6. In view of the above, the submissions of the learned Counsel for the petitioners deserve no considera..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re 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: VI ADC (2009) 772. ......sed the judgment and the findings recorded by the court of appeal below are well reasoned and supported by evidence on record and are based on correct principle of law. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......s on false representation that those were necessary for the purpose of mutation of their names in the Government record. The plaintiff could not prove his possessing either. 10. In such view of the matter the High Court Division committed no error of law in discharging the Rule and a..Category: Property Law | Date: | Hits: 32