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Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)

....als on record, rightly decided that the suit property is not abandoned proper­ty. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......t released and she was constrained to file the case before the Court of Settlement which after hear­ing arbitrarily dismissed the case. The petitioner then moved the High Court Division in writ jurisdiction and the High Court Division after hearing made the Rule absolute as noticed earlier. ..

Category: Property Law | Date: | Hits: 27

Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)

....e of review.  Hence, we find no ground to review of our judgment. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......ainst the judgment of the High Court Division. Upon hearing the parties, this Division dismissed the leave-petition finding to the effect that the High Court Division in the exercise of revisional jurisdiction dismissed the suit on the ground of limitation whereas the appel­late Court as a f..

Category: Property Law | Date: | Hits: 53

Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)

....cord 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: IV ADC (2007) 841. ......at the time of the institution of the suit and during pen­dency of the suit he was dispossessed by the defendants the above finding can not be disturbed by the High Court Division in revisional jurisdiction specially when the learned advocate for the petitioner could not point out any misread..

Category: Property Law | Date: | Hits: 63

Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)

.... High Court Division of the kind call­ing for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......ed the deed described in schedule 4 void and illegal. 6. As against the judgment and decree of the lower appellate Court the contesting defendants moved the High Court Division in revisional jurisdiction. The High Court Division made the Rule absolute on the finding that by the kabala Ext..

Category: Property Law | Date: | Hits: 23

Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)

.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... appeal. The appellate Court allowed the appeal on the finding that the certificate case was fraud­ulent and collusive one. 6. The defendants moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the finding that cer..

Category: Property Law | Date: | Hits: 22

S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)

....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......on having issued leave and the same being pending the instant case should be kept pending till dispos­al of the Criminal Leave to Appeal No.36 of 2004. For that in view of the fact that jurisdiction of the tribunal to try a case being determined by the Government under Section 5 of th..

Category: Criminal Law | Date: | Hits: 47

Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)

....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......ts, inter alia, that the High Court divi­sion while passing the impugned judg­ment and order has gone contrary to the provision of Section 4(4) of Druto Bichar Tribunal Ain, 2002 and that jurisdiction of the tribunal to try a case being determined by the Government under Section 5 of th..

Category: Criminal Law | Date: | Hits: 64

Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)

.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......n appeal, being miscellaneous Appeal No.16 of 1994, the appellate court upon hearing also dismissed the miscellaneous appeal. Thereafter, the petitioner moved the High Court Division in revisional jurisdiction and the High Court division by the impugned judgment and) order discharged the Rule. ..

Category: Property Law | Date: | Hits: 24

Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)

....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......decreed the suit. On appeal in Title Appeal No.215 of 1990, the appellate court affirmed the judgment of the trial court. Being aggrieved, the defendant moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was discharged as stated above. 5. W..

Category: Family Law | Date: | Hits: 150

Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....he above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......to decide afresh the claim of the parties suo moto; that the High Court Division erroneously passed a new decree by passing the consensus opinion of the parties which is barred by law in revisional jurisdiction. 7. The learned Advocate further submits that Miscellaneous Case No. 74 of 1966..

Category: Property Law | Date: | Hits: 30

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in:  IV ADC (2007) 672. ......hom Jairuddin was the korfa tenant. On the aforesaid findings the appellate court set aside the judgment of the trial Court. 7. The plaintiff then moved the High Court Division in revisional jurisdiction and obtained Rule in civil revision num­ber as mentioned hereinbefore. 8. T..

Category: Property Law | Date: | Hits: 28

Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)

....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ...... leaving out the names of the heirs of Jebal Hossain and Hakim Jan Bibi. As against the judgment of the appellate Court the heirs of the defendant No. 1 moved the High Court Division in revisional jurisdiction and obtained Rule. 8. The High Court Division made upon modification, the Rule ..

Category: Property Law | Date: | Hits: 24

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)

....rrived 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: IV ADC (2007) 649. ......ions imposed by a regulatory body constituted under the law and so in an application for condonation of delay in holding Annual General Meeting under the above sections the High Court Division has jurisdiction to either con­done or not condone delay and any conse­quential order necessari..

Category: Business or Commercial Law | Date: | Hits: 78

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

.... cogent reason to interfere with the same. Both the appeals are, therefore, disĀ­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......termine what proportion of the premium of rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to enterĀ­tain a suit for the possession of the property leased." 15. This Secti..

Category: Property Law | Date: | Hits: 34

Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)

....nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ......e against an order of acquittal passed by the appellate Court is neither maintainable in the present form nor the impugned judgment of acquittal calls for interference under the extra­ordinary jurisdiction on the ground canvassed before us". The High Court Division further observed that..

Category: Criminal Law | Date: | Hits: 36

Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)

.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......nge Ordinance, 1969. The learned Counsel submitted that there being no complaint/representation from the holders of at least five percent of equity securities of the company, the Commission had no jurisdiction to cause or order an enquiry to be made by any person into the affairs of any issuer o..

Category: Criminal Law | Date: | Hits: 36

Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)

....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ...... settlement of the non-agricultural Government khas land lies with the Reform Board not with the Land Appeal Board and rightly held that the Land Appeal Board acted as quorum non judice having no jurisdiction and rightly set aside the judgment and order passed by the Land Appeal Board. W..

Category: Property Law | Date: | Hits: 29

A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)

.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......thereupon the learned Subordinate Judge made a direction to the defendants to supply the particular of the heirs of defendant No.3 and thereupon the petitioner moved the High Court Division in writ jurisdiction challenging legality of the direction for furnishing particulars of the heirs of the ..

Category: Civil Law | Date: | Hits: 105

Bangladesh Vs. Md. Waziullah, 2008, 37 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: 13 MLR (AD) 2008, 161. ......est' by the Government. Only the Government is competent to retire a Public Servant under Section 9(2) but the impugned order was passed by the Inspector General of Police (Acting) which is without jurisdiction and as such it is illegal and void ab initio. 3. The said petitioner also ment..

Category: Administrative Law | Date: | Hits: 120

Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)

....s right in making the Rule absolute. Accordingly, the leave petition is dismissed.  Ed.      This case is also Reported in: 13 MLR (AD) 2008, 140. ......fail. 4. The trial court allowed the pre-emption case. On appeal in Miscellaneous Appeal No.8 of 2004 the same was dismissed. The pre-emptee then moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was made absolute. 5. We have heard M..

Category: Property Law | Date: | Hits: 29