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Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ...... appeal is directed against the judgment dated 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of 2007 whereÂby leave petition was dismissed. 2. The facts, in short, are that the petitionÂer as plaintiff instituted a suit being Title Suit No. 10 of..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......urt Division also considÂered the submissions of Mr. Abdur Razzak, the learned Advocate for the respondent that the respondent will return to the country just after next Ramadan. 15. In the above facts and circumstances, we are of the view that the High Court Division having considered all the m..Category: Others | Date: | Hits: 115
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......decree the defendant preÂferred Civil Revision No.3380 of 2000 before the High Court Division who by the judgment and order dated 25.01.2007 disÂcharged the Rule affirming the concurrent finding of facts passed by the courts below observing that there is no reason to interÂfere with the judgment ..Category: Property Law | Date: | Hits: 20
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......of 2008) dischargÂing the Rule arising out of Auction proÂceeding published in the Daily Jhanakantha on 25.04.2008 by writ respondent No. 4 for selling the property of the petitioner. 2. The facts, in short, are that the petitionÂer filed Writ Petition No. 4623 of 2008 before the High Cour..Category: Property Law | Date: | Hits: 29
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ...... Zahir for the petitioners and also Mr. Abul Kashem, Advocate on record for the respondent. Dr. M. Zahir submits that the High Court Division committed serious error of law in failing to consider the facts that Haji Bilat Ali Mondal during his life time partitioned his properties amongst his legal h..Category: Property Law | Date: | Hits: 51
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......justice. 11. We have heard Mr. A. K. Badrul Huq, the learned Senior Advocate appearing for the petitioner and perused the impugned judgment of this Division and also perused the other judgments in question and also other materials available on record. 12. The submissions of the learned Senior ...... order dated 29.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal Nos. 602 of 2007 and 604 of 2007 by which leave petitions were dismissed by a single judgment. 2. The facts relevant for disposal of the review petitions are that the predecessor of respondent Nos. 1(a)..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......the trial Court for allowing the plaintiff to amend his pleadings by adding the prayer for recovery of possession on payment of proper court fee with a direction that the trial Court shall decide the question of recovery of possession by the plaintiff and the ancillary question of adverse possesÂsi...... fact which arise in the suit; in exercise of its revisionÂal jurisdiction the High Court Division is not entitled to reexamine or re-assess the evidence on record and substitute its own findings on facts for those of the subordiÂnate Courts. Jurisdiction means "the entiÂtlement to enter upon the..Category: Property Law | Date: | Hits: 20
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......finement is not legal and death resulted due to failure of the state to protect the life but, at the same time, significantly that it will depend upon the facts and circumstances of each case. If the question of custodial death becomes a disputed question of fact, in that case, under the writ jurisd......er that the safeguard will be found in the provision itself……………………………………………………………………….(10)
Having definite knowledge of the existence of some facts and such knowledge
A police officer can exercise the power if he has definite knowledge of ..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......er hearing declared that the above orders passed by the Additional Divisional Commissioner, Dhaka and the Board of Land Administration are without any lawful authorÂity with the observation that the question of title and ownership and validity of the deeds in question could be gone into and decided......he appeals and affirming the judgments and decrees dated 16-2-1995 passed by the learned Subordinate Judge, 1st Court, Gazipur in Title Suit Nos. 25 and 16 of 1992 dismissing the suits. 2. The facts in short are that the appellants in C.A. No.8 of 2005 i.e. Mohiuddin Khan and another as plain..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......ord have arrived at the finding that the defendant Nos. 1-8 and 12 have failed to prove their claim of auction purchase by adducing documentary eviÂdence and also without reversing those findings of facts. It was further urged that the learned Judge of the High Court Division fell in an error in fa..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......eem it appropriate to act so as to place an alleged offence outside the operation of the criminal law, on incidental grounds, such as that of delay, or for any reasons other than reasons going to the question whether the allegation is sufficient to constitute an accusation of an offence in law............ Anti-Corruption Commission Act, 2004 as they do not come within the transitional provisions contained in section 38 thereof inasmuch as the provision of section 27(1) has been wrongly applied in the facts and circumstances of the case and the High Court Division committed an error of law contrary t..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ...... and Criminal Appeal No. 3890 of 2004 and Jail Appeal Nos.1017, 1018, 1019, 1056 and 1162 of 2004 accepting the death reference in part and allowing the Criminal Appeal No.3304 of 2004. 2. The facts, in short, are that one Mr. Sulal Kanti Barua, son of Pulin Bihari Barua, of Village-North Kin..Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......302/201/34 of the Penal Code and sentencing him to death by hanging in Sessions Case No. 329 of 2002 arising out of Savar Thana Case No. 62(4)2001 corresponding to G.R. No. 396 of 2001. 2. The facts, in short, are that on 25.04.2001 the condemned prisoner-petiÂtioner Sohel came to Savar P.S...Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... the judgment and order of the High Court Division calling for interference by this Court and accordÂingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ...... the judgment and order of the High Court Division calling for interference by this Court and accordÂingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......ns 167/109 and 220/109 of the Penal Code read with Section 5(2) of Act II 1947 rejecting the petition filed by the petitioner under Section 241A of the Code of Criminal Procedure. 2. The short facts giving rise to the present petition are as under:- 3. The respondent No.2 A.B.M. Kamrul..Category: Others | Date: | Hits: 82
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......hases were hit by lis pendens and this has resulted an error in the decision of the case on its merits. II. For that the Appellate Court having reversed the findings of the trial court on the question of possession and disÂpossession, made on treating the case as one under section 9 of the ......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......he petitionÂer that the learned Single Judge of the High Court Division erred in law in mainÂtaining the judgment and order of the lower appellate Court in failing to notice that the transaction in question is not an out and out sale but it is a mortgage and therefore, the case land is not legally......or preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as well as holding land contiguous to the land transferred. Short facts of the pre-emptors are that the case land belonged to Nabin Chandra and Mritunjoy. Mritunjoy d..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....ned Senior Advocate appearing for the petiÂtioners In Civil Petition No 83 of 2009 and Mahbubey Alam, the learned Senior Advocate appearing for the petitioners in Civil Petition No. 129 of 2009 made identical subÂmissions to the effect that the plaintiffs having entered into an agreement to purÂc......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petiÂtions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......tory injunction directing the added defendant Nos.3 and 4 petitioners to deliver possession of Suit Shop No. 19 of Younusco City Center in favour of the proforma respondent Nos.2 and 3. 3. The facts of the case, in short, are that the respondent No.1 as the plaintiff on 30.07.2005 instituted ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......rty is Debuttar Property as Vested upon the Deity and transfer of the said property by the alleged registered deed in favour of the appellants are collusive, illegal and null and void and as such the question of limiÂtation does not arise and the suit was filed very much within the period of limita......nd of the Deity have got no locus standi to contest the suit and prefer the appeal as they have no right, title and interest and possession in the suit land. He then submits that having regard to the facts that the C. S. Khatians were correctly prepared and published in the name of deity Sree Sree G..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......operty, for confirmation of their possession and for their consequential relief. 14. So it appears that the defendant-appelÂlant is very much land lord of the plaintiff-respondent Nos.1-6. On the facts stated in the plaint it appears that the plaintiff-respondent Nos.1-6 are the tenant under the..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and othÂers, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......ble for being considÂered for exemption of interest and the appelÂlant ought to have considered the prayer of the respondent No.1 for exemption of interÂest on humanitarian ground. 5. The facts of Civil Appeal No. 104 of 2004, in brief, are more or similar. 6. Common leave order w..Category: Banking Law | Date: | Hits: 98
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