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Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......for the petitioner reiterated the contentions made before the High Court Division in support of the prayer for leave to appeal. 9. In the background of the materials on record we are of the view that the High Court Division has committed no error of law in its judgment calling for interfe..Category: Civil Law | Date: | Hits: 91
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... 10. Leave was granted to consider the submissions that the High Court Division was not correct in reversing the appellate judgment merely because it did not give detailed reasonings for its view and that the High Court Division ought to have sent back the case on remand to the appellate C..Category: Property Law | Date: | Hits: 28
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
.... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ...... alleging, inter alia, that on 15.04.1990 at about 12 a.m. 41 F.I.R. named accused persons forming unlawful assembly being armed with deadly weapons surrounded the house of one Mohammad Alis with a view to kill him. On seeing the accused persons the victim raised alarm and tried to flee away to ..Category: Criminal Law | Date: | Hits: 40
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....nd no substances 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) 536. ......ase, there is no scope to seek quashment under Section 561A of the Code of Criminal Procedure, whether the case is true or false will be only decided upon evidence at the trial. 7. In view of the above, we find no substances in the submissions of the learned advocate for the pe..Category: Criminal Law | Date: | Hits: 52
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....ity 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) 525. ......cond declaration sought by the plaintiff there is no material on record by which the compromise decree passed in Title Suit No.68 of 1977 could be declared illegal or void. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a c..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here 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) 519. ......o was a minor and a bachelor at the relevant time of his alleged purchase from his father and others and accordingly the Circle Officer(Rev), Nachol considered two returns as one return taking the view that the lands belonged to Lal Mahmud and accordingly the excess land vested in the government..Category: Property Law | Date: | Hits: 26
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......manent resident of No.7 Edbarpur Union; that several annexures to the affidavit-in-opposition reveal that by practising fraud the writ petitioner obtained the license of Nikah Registrar. In view of the above, we find no substance in the submissions for learned Advocate for the petit..Category: Civil Law | Date: | Hits: 99
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......appellant filed Civil Petition for Leave to Appeal No.1384 of 2002 and this court by its judgment and order dated 6.11.2002 dismissed the same as time-barred. This led the appellant to file civil review petition on the ground that the delay in filing the leave petition was unintentional and for ..Category: Administrative Law | Date: | Hits: 159
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ....... Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No.172 of 2008. (From the judgment and order dated 30th May, 2007 passed by t..Category: Intellectual Property Law | Date: | Hits: 329
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....ere 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) 488. ......learned lawyer and so the plaintiff is entitled to get benefit of section 14 of the Limitation Act for condonation of delay consumed due to wrong advise of his lawyer. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a c..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....ere 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) 485. ......om 14.12.98 to 30.4.99 and obtained leave from the Headmaster of the School subject to approval of Managing Committee and at its meeting the Managing Committee suspended her from service taking the view that her admission into B. Ed Course without taking permission from the authority is a v..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....t passed by the High Court Division is set aside. As a result the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 481. ......e Building Construction Act and as such the writ petition was not maintainable. 4. The High Court Division upon hearing the parties made the Rule absolute upon observing "we are of the view that before cancellation or withdrawal of the approved plan, the appellant was entitled to get..Category: Property Law | Date: | Hits: 28
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and 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: VI ADC (2009) 469.......e is entitled to get title even on the basis of invalid title though the defendant No.1 did not specifically claim title by adverse possession vide the decision reported in 7 DLR 94. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a co..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......le. 4. We have heard the learned counsel for petitioner and perused the impugned judgment and order and other connected papers. 5. As it appears the High Court Division took the view that, in view of the principles laid down in the case of Md. Nurullah Chowdhury vs. Golam..Category: Property Law | Date: | Hits: 34
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......laintiff. The defendant Nos.1 & 2 fraudulently got their names mutated in Miscellaneous Case No.9 of 1984-85. The notices of that case were not served upon the plaintiff. The plaintiff filed review case against such mutation which was allowed and the previous position of khatian was restored..Category: Property Law | Date: | Hits: 22
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......zar. There has full knowledge of the direction against the rent deposited for the year 1392 B.S. with the rent for the year 1395 B.S. and the payment made for the year 1396 B.S. In that view of the impugned Annexure-F consenting payment of TK.15, 60,945. 00 which included the ren..Category: Civil Law | Date: | Hits: 101
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......ed by the Magistrate while rejecting the permission that was sought by the officer-in-charge of the Satkania P.S. for exhumation of the dead body. This Division in explicit language expressed its view "practice of granting relief summarily without issuing any rule is held to be illegal and unf..Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......y subject-matter of Criminal Appeal No. 38 of 2003 and condemned-accused Monowar Hossain and Sanower Hossain, the petitioners in Jail Petition Nos. 4 and 5 of 2001 respectively filed the criminal Review Petition No. 4 of 2003 against the Judgment and order dated 22.08.2002, which is presently th..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
.... the distance between these two Judge of the High Court Division appreciated the evidence to find therein that the prosecution failed to prove the place of occurrence. This finding is palpably erroneous. 8. As to the nature of the injury from which Amjad died, P.Ws. 1, and 7 and oth&s......ted this plea by striking him with a teta. 7. The learned Judges of the High Court Division on reassessing the evidence found that the prosecution failed to prove the place of occurrence in view of the fact that one set of witnesses said that Amjad was assaulted in the khal and another s..Category: Criminal Law | Date: | Hits: 44
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......ned order allowed bail to them till disposal of the appeal. Hence is this appeal. 4. In support of the appeal Mr. Md. Nowab Ali, the learned Advocate-on-Record, submits, inter alia, that in view of the evidence warranting conviction of the respondents the Trial 'Court convicted them..Category: Criminal Law | Date: | Hits: 29