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Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)

....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......nd in the absence of date of cause of action for filing the complaint and, in fact, there being lack of cause of action giving rise to the complaint itself, the High Court Division in exercise of its jurisdiction rightly quashed the proceeding and did not exceed the juris­diction nor misdirected it..

Category: Criminal Law | Date: | Hits: 67

Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)

....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law.  Ed.  This Case is also Reported in: 60 DLR (AD) (2008) 185. ......the case, it cannot and should not decide which sorts of cases would go to Druto Bichar Tribunal. The laws of the land should be uniform. One set of accused persons under the same sections within the jurisdiction cannot be tried by different Courts, and the matter is totally contrary to the provisio..

Category: Criminal Law | Date: | Hits: 59

State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)

....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......out hearing the State, the order so passed by the High Court Division is not sustainable in law in view of the settled prin­ciple of law, that summary disposal of a case, be that in revisional jurisdiction or in other jurisdiction, without hearing the other side is-not legally sustainable an..

Category: Criminal Law | Date: | Hits: 38

Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)

....f the above, we find so sub­stance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......i, learned Advocate-on-record, appearing for the petitioner submits that the High Court Division has wrongly relied on the obser­vation and finding of the Courts below and has failed to exercise its jurisdiction to determine the issue regarding the acquisi­tion of the suit property by both the pre..

Category: Property Law | Date: | Hits: 21

Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)

.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......, as plain­tiffs, instituted the above suit seeking decla­ration that (a) the order dated 15-1-1987 passed by the Additional Deputy Commissioner (Revenue), Magura is illegal, void, without jurisdiction and not binding upon them (b) the suit land measuring 11.89 acres appertaining to DS K..

Category: Property Law | Date: | Hits: 28

Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)

....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......e specifically and explicitly which of the reliefs are granted and against which of the defendants; since the plaintiffs failed to prove their title the present case is not a fit case for invoking jurisdiction under Order XLI, rule 27 of the Code of Civil Procedure for sending the suit on remand..

Category: Property Law | Date: | Hits: 31

Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)

....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ...... Molla and another vs. Parul Bala Debi and others reported in 24 DLR 78 it has been held been that in a case where fraud is committed upon the Court as well as upon the party, a Court has inherent jurisdiction to interfere in the matter in exercising its power vested in section 151 of the Code o..

Category: Property Law | Date: | Hits: 33

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....ons 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: 12 BLC (AD) (2007) 65. ...... said documents were different and thereupon held that Exhibit C was not genuine. 10. The plaintiff as against the judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained Rule. It was the contention of the plaintiff-petitioner before the High ..

Category: Property Law | Date: | Hits: 31

Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)

....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......provision of Article 143 of the Limitation Act, 1908 runs from the date of refusal to return possession of the mortgaged land. Thereupon, the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule. 8. On behalf of the defendant-petitioners it was contend..

Category: Property Law | Date: | Hits: 48

Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)

.... the discussions made here­inabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......ants, that plaintiffs by documentary as well as by oral evidence have established their title and possession in the land in suit. Thereupon, the defendants moved the High Court Division in revisional jurisdiction and obtained Rule. 6. It was contended before  the  High Court Division that the s..

Category: Property Law | Date: | Hits: 33

Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)

....ce the same does not suffer from error or infirmity calling for interfer­ence by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ...... he has defaulted in the payment of rent since January, 2002. 6. As against the aforesaid judgment of the trial Court the tenant i.e. petitioner herein moved the High Court Division in provisional jurisdiction under section 25 of the Small Cause Courts Act. 7. The High Court Division on perusa..

Category: Tenancy Law | Date: | Hits: 165

Md. Abdul Bari Vs. Md. Abdul Aziz & others, 2007, 36 CLC (AD)

....decision. There is no cogent rea­son to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 332. ......peal in Title Appeal No.232 of 2002 the appellate court allowed the appeal and reversed the judgment of the trial court. Being aggrieved, the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was discharged. 6. We have heard Mr...

Category: Property Law | Date: | Hits: 23

Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)

....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......993. 6. As against the judgment and decree of the appellate Court, which dismissed both the appeals, the plaintiff of Title Suit No. 82 of 1991 moved the High Court! Division in revisional jurisdiction against the judgment and decree passed in Title Appeal No. 40 of 1993 which was filed ..

Category: Property Law | Date: | Hits: 21

Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)

....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ...... and that the Miscellaneous Case is not bad for defect of party. 6. As against the judgment and order of the lower appellate Court the pre-emptee moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division made the Rule absolute on the finding that ..

Category: Property Law | Date: | Hits: 20

Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)

....any substance in the sub­missions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......ng with other respondents without issuing any notice to the plaintiff asking him to show cause for any alleged breach of condition of the kabuliyat, not illegally, arbitrarily and by acting beyond jurisdiction the defendant No.1 cancelled the plaintiffs settlement on 19.01.1992 with the help of ..

Category: Property Law | Date: | Hits: 25

Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)

....shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......ned Advocate who appeared with the leave of the Court submits that the High Court Division was in error in rejecting the writ petition summarily because provisions of Ordinance No.24 of 1970 ousted jurisdiction of the civil Court to grant injunction. He also submits that the High Court Division ..

Category: Property Law | Date: | Hits: 29

Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)

....ade hereinabove we find merit in the appeal. 26.  Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ...... order of the 1st Court of Additional District Judge, Bakerganj allowing the Miscellaneous Case No. 5 of 1980 the plaintiff of Title Suit No. 634 of 1970 moved the High Court Division in appellate jurisdiction, First Miscellaneous Appeal No. 9 of 1982. The High Court Division dismissed the appea..

Category: Property Law | Date: | Hits: 34

Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)

....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......e to negligence on the part of the accused-peti­tioners, she gave birth to a dead child. It appears from the record that the charge has not yet been framed. 6. An accused may invoke the jurisdiction of the High Court Division under Section 561A of the Code of Criminal Procedure, if, h..

Category: Criminal Law | Date: | Hits: 42

Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)

....decision. There is no cogent rea­son to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 237. ...... 4. The trial Court dismissed the suit. On appeal in Title Appeal No. 36 of 1999 the appellate Court allowed the appeal. Being aggrieved, the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was discharged. 5. We have heard Mr...

Category: Property Law | Date: | Hits: 26

Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)

.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......he kabala was in force even after the rent sale of the kabala land and being pur­chased by the predecessor of the defendant. 6. The plaintiff moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the finding that def..

Category: Property Law | Date: | Hits: 37