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Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....al No.139 of 2000 reversing the judgment and decree dated 31.08.2000 of the learned Senior Assistant Judge, Monohardi, Narsingdi in Title Suit No.02 of 2000 decreeing the suit. 2. The short facts giving rise to the present petition are as under:- The respondent No.1 as plaintiff f......Rajiuddin College represented by the Secretary, Hatirdia Rajiuddin College, Managing Committee, Police Station-Monohardi, District-Narsingdi ..........Petitioner Vs. Abdul Barik and others ..........................................Respondents Judgment February 17,......land is not a part of the land donated by Alauddin and other to the college. 11. The High Court Division further found that the appellate judgment is not based on proper appreciation of the evidence and rightly set aside the judgment of the appellate court and restored that of the tr..Category: Property Law | Date: | Hits: 32
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....96 of the State Acquisition and Tenancy Act for pre-emption of lands sold out by the same vendor opposite party vide three separate sale deeds, duly registered under the Registration Act. 2. The facts relevant for the disposal of the cases in reference are that the opposite party No.2, being ow......esent: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Moulvi Abdul Wadud Chowdhury ...........Petitioner (In all the cases) Vs. Abdul Motaleb Chowdhury and others..........Respondents (In all the cases) Judgment March 15, 2009. Lawyers Involve......ption cases voluntarily but filed the cases at the instance of her sons and that she herself did not deposited the required money in Court. 4. The learned Assistant Judge on consideration of the evidences and other materials on record and the submissions of learned advocates of the respective..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....not find any point to interfere with the decision of the High Court Division inasmuch as the said judgment and decree appears to have been passed on proper discussion made and consideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dism...... ......6 in proving the plaintiffs possession of the suit land, though appear to be of independent witnesses, but their evidence cannot get preference to those of D.Ws. since supported by documentary evidence, marked Exhibit-B series and F, and thereby the appellate Court believed the possession o..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ved al 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) 823. ...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Halim alias Halim Mia .............................Petitioner Vs. Abdus Sattar and others .................................Respondents Judgment June 21, 2009. ......the petitioner submits that the High Court Division erred in holding that suit was barred by limitation inasmuch as it was so held without properly adverting to the relevant fact and evidence on record. He further submits that the finding of the High Court Division as to the unregi..Category: Property Law | Date: | Hits: 30
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....for the petitioner and of the respondent No.1 and perused the impugned judgment and order of the High Court Division and other materials available on record. 9. On consideration of the facts and materials on record including the papers produced before it, the learned Single Judge of ...... also Reported in: VI ADC (2009) 819. ......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ..Category: Intellectual Property Law | Date: | Hits: 361
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....ivil petition for leave to appeal. 7. Mr. S.N. Goswami, the learned Advocate for the petitioner submits that the learned Judges of the High Court Division erred in law in not considering the facts and circumstances of the case that the trial court framed the issues on 18.9.1997 and subsequ......structed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by the High Court Division in Civil Order No.1010 of 2008) ......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ation of the evidence or when there is no mis-construction of document the High Court Division is not competent to interfere with the judgment of the court below. In the instant case the Courts of facts i.e. the appellate Court and the trial Court on detailed discussion and consideration of the......l Islam J Sufia Khatun……………………………………….Appellant Vs. Amin Hossain Mondal and others……..Respondents Judgment January 16, 2005. Case Refer......1) amply prove title of the plaintiff No.1 in the land in suit, that the judgment and decree in Title Suit No.616 of 1969 is collusive, fraudulent and not binding upon the plaintiff, that no cogent evidence has been brought on record in support of the case of the defendant No.1 that plaintiff No...Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....Dhaka to proceed with the Special Case No.39 of 2004 arising out of Complaint Petition No.3795 of 2003 filed against the appellant-writ-respondent No.5 and pro-forma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellant filed an application under Article 1......mel Hossain J Mostafa Kamal & anr………Appellants (In Civil Appeal No. 139 of 2006) The Principal Secretary, Office of the Hon'ble Prime Minister, Tejgaon, Dhaka and others.......................Appellants (In Civil Appeal No. 140 of 2006). Vs. Sa......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. ..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....passed in Writ Petition No.6262 of 2005 heard and disposed of along with Writ Petition Nos. 2678 of 2005, 3797 of 2003, 6671 of 2004, 1512 and 1513 of 2006, making the Rules absolute. 2. The facts and circumstances giving rise to the filing of the writ petitions are similar and the contest......in J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and others .........Respondents (In Civil Petition No.1447 of 2008). Nazma Akhter Banu and o......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. ..Category: Property Law | Date: | Hits: 67
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
.... to appeal is directed against the judgment and order dated 19th August, 2008 passed by the High Court Division in Criminal Miscellaneous Case No. 4665 of 2008 discharging the Rule. 2. Short facts as placed before the High Court Division are that on 11.08.2003 the opposite party No.1 as c...... (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J M.K. Bazlur Rahman…............Petitioner Vs. Md. Johurul Haque and another.......Respondents Judgment ......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. ..Category: Criminal Law | Date: | Hits: 51
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....e seizure list alleged to have been prepared 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 t......ellip;……..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008. Lawyers Involved: Md. Ali Akanda, Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the......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. ..Category: Criminal Law | Date: | Hits: 45
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
.... to appeal is directed against the judgment and order dated 04.06.2008 passed by the High Court Division in writ petition No. 4070 of 2008 summarily rejecting the above writ petition. 2. The facts, in short, are that the petitioner filed writ petition No.4070 of 2008 stating, inter al......ivision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited represente......nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..Category: Civil Law | Date: | Hits: 109
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
.... This petition for leave to appeal is directed against the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No. 4375 of 2003 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No.31 of 1992 in the Court of Senior Assistant ...... Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1-7. Not represented-Respondent No. 8-17. Civil Petition for Leave to Appeal No. 405 of 2006. (From the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No. 4375 of 2003.) ......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. ..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
...., Bagerhat in Title Appeal No.264 of 1995 reversing the judgment and decree dated 30.09.1995 passed by the learned Senior Assistant Judge of Mongla Thana in Title Suit No.80 of 1994. 2. The facts, in short, are that the respondent No.1 instituted Title Suit No.80 of 1994 on 29.11.199......ported in: VI ADC (2009) 791. ......rned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that the trial Court on proper assessment of evidence decreed the suit. But the appellate court without averting to those finding set aside the ..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... by the learned Senior Assistant Judge, Beanibazar, Sylhet in Title Suit No.51 of 2004 granting and order of temporary injunction under order 39 Rule 1 of the Code of Civil Procedure. 2. The facts, in short, are that the plaintiff-petitioner Nos.1-4 filed Title Suit No. 51 of 2004 along wi...... (2009) 785. ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..Category: Property Law | Date: | Hits: 33
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....No. 142 dated 25-10-2003 passed by the learned Senior Assistant Judge, Sadar, Jhenidah in Miscellaneous Case No. 149 of 1988 allowing the application for delivery of possession. 2. The facts of the case, in short, are that the opposite-party No.1 as preemptor filed Miscellaneous Case......sion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Wahab.............Petitioner Vs. Abdul Motaleb and others ...........Respondents Judgment &n......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. ..Category: Property Law | Date: | Hits: 27
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....ioner submitted that during inquiry the witnesses of the respondents failed to prove the allegation of receiving bribe of Tk. 500/- by the petitioner and the Administrative Tribunal considering the facts and circumstances rightly ordered for reinstatement of the petitioner but the Administrative ...... Md. Tafazzul Islam J Md. Abdul Matin J Md. Anwar Hossain……….........Petitioner Vs. Superintendent of Police, Khulna and others.........Respondents Judgment ......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) 780. ..Category: Administrative Law | Date: | Hits: 162
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....eal at the instance of the petitioner is directed against the judgment and order dated 25.10.2005 passed by the High Court Division in Writ Petition No.4183 of 1998 discharging the Rule. 2. The facts leading to the case are that the petitioner in course of his business opened two letters of cr...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Md. Selim............Petitioner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petition is dismi......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... of 1996 allowing the appeal reversing those dated 25.01.1984 passed by the learned Assistant Judge, 2nd Court, Narayanganj in Title Suit No.210 of 1980 decreeing the suit on contest. 2. The facts leading to the case are that the petitioner-predecessor-in-interest as the plaintiff filed a ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Suman Mia being dead his heirs; Zabeda Khatoon and others…...Plaintiff-Petitioners Vs. Falani Begum and others……......e defendants although D.W.3 categorically deposed that he received the summons but did not file written statement. 5. It appears from the record that there are discrepancies in the evidence of P.W.'s and clear deviation from the pleadings which the trial Court has failed to consi..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. ......m J Md. Tafazzul Islam J Md. Joynul Abedin J Abdur Rashid and others……………….......Petitioners Vs. Md. K......legal provisions and also after adverting to the reasons assigned by the trial Court, reversed 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 tha..Category: Property Law | Date: | Hits: 23
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