Search Options
Judgment Advanced Search
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......separate order dated 29th April, 1977 substituted him as Mutwalli once again. The learned Single Judge considered that this substitution was not made according to law and procedure and in that view of the matter the case was remanded to the lower appellate Court. 5. As stated above A..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......llip;..(24) On the ground of equity and justice the appellant's vested right by court-sale should not have been affected by a subsequent enactment. But in view of express language of the amending statute the Court cannot give&nbs..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......rayer in the petition for amendment follows from the declaration originally prayed for by the plaintiffs in their plaint, allegations remaining the same. The learned Counsel submitted that in view of the findings arrived at by the first appellate Court and affirmed by the learned Judge..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ...... the basis of the admitted heirs left behind by the said Uli Fakir held that the plaintiff's predecessor Mangia Sk. had a share of 5 annas 4 pies according to Muslim Law of Inheritance and in that view of the matter the plaintiffs are entitled to 2.01 acres of land. 5. The plaintiffs move..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon 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) 359. ...... the area was found to be innocent. Since no proceeding was drawn up, the Rule was discharged as there was no substance in the Rule. 6. In the facts and circumstances of the case and in view of the discussion made above, we are of the view that the High Court Division upon correct ass..Category: Criminal Law | Date: | Hits: 45
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......of the Code of Criminal Procedure premature. The decision of the High Court Division is based on correct appreciation of law and facts calling for no interference by this Division. In view of our discussions as above we find no substance in this petition and accordingly the petition..Category: Criminal Law | Date: | Hits: 45
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......being the lessee knew it very well that it is vested property and he was not a bonafide purchase of the property. The property has not yet been released from the list of vested property. In view of the above, the submission of the learned Advocate-on-Record deserves no consideration. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon 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) 343. ......d Additional Attorney General for the petitioner and perused the judgment of the High Court division and other connected papers on record. 6. The High Court Division held that “In view of the fact that the dead body was not identified as that of Mozammel Huq and that material wi..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ...... deserves interference for the ends of justice. 7. We are not impressed by the submissions made by the Deputy Attorney General. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the evidence and materials on record a..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 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) 338. ......him any suggestion about non-mentioning of the injuries if caused by Those accused lathi and thus the prosecution hopelessly failed to prove the charge under section 302/34. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Criminal Law | Date: | Hits: 38
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......, Agrabad, Chittagong handed over the aforesaid land in favour of the petitioner Chittagong City Corporation to be used for the sole purpose of establishing a Shishu Park therein. 4. In view of the above decision, the Public Works Department of the Government and the Chittagong C..Category: Civil Law | Date: | Hits: 113
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......ule providing for pension, the petitioner on own his accord accepted the same to his own volition and now could not complain or claim any benefit not attached to his present service. In view of the above, we find no substance in the submission of the learned Counsel for the petit..Category: Employment/Service Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, we find no substance 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) 323.......urt by filing affidavit regarding the latest position of the trial Court and a duty is cast upon the respondent No. 1-writ-petitioner to file a specific statement in the writ petition and as such, in view of the fugitive from justice. Since the law is now settled that a fugitive has no legal right..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....he ex-landlord got the Touji Register prepared in respect of acquired estate for the compensation assessment roll and the same can not remain with the landlord; that the trial Court in its judgment erroneously found that the rent receipts submitted by the defendants are not genuine and are not r...... 2 not being the heirs of C.S. recorded tenants; their continuous and uninterrupted possession in the Suit land had created good title as against the plaintiffs of the instant Suit. In view of the above, we find no substance in the submissions of the learned Advocate for the pet..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......petition for leave to appeal. 17. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 18. In view of the facts and circumstances of the case no leave is called for, however, since admittedly t..Category: Property Law | Date: | Hits: 38
Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 62
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......en a case that a Single Bench is in session of a Division rather the situation would be otherwise, for the very reason of jurisdictional error and possible miscarriage of justice. 8. In view of the above, we find no substance in the submissions of the learned Counsel for the peti..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....ned his argument mainly on one point. He has argued that before the Court of Settlement, Md. Ziaul Islam could not prove his possession in the property in question and the Court of settlement erroneously arrived at a finding that the petitioner proved his possession. Mr. Abdur Razaque Khan,...... he claimed on the basis of the deeds of agreement. There is also nothing on record to show that possession was taken over from the respondent No. 2 so as to list the building in 'Ka" list. In view of the fact that the respondent No. 2 came into possession at least In the year 1970 when the ..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......ing the alleged marriage itself. The defense case is that the plaintiff is a divorcee and mother of one child and that she is of questionable character. She, her parent and her other relations with a view to black mailing the defendant's parent had been disclosing in the locality an imaginary marria..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
.... plaintiffs disposed of that revisional application by the impugned judgment and order, setting aside the order of the trial court holding inter alia, that the trial Judge upon taking an absolutely erroneous view on the Ward Commissioner's Certificate to be a death certificate of defendant No. 1 ......s disposed of that revisional application by the impugned judgment and order, setting aside the order of the trial court holding inter alia, that the trial Judge upon taking an absolutely erroneous view on the Ward Commissioner's Certificate to be a death certificate of defendant No. 1 wrongly d..Category: Procedural Law | Date: | Hits: 96