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Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......-tenants by the defendant No. 1 without the written permission of the landlord and on this ground alone the defendants are liable to be evicted from the suit premises. 20. In our view the plaintiffs could not prove that the tenants have failed to pay rent for three months conse..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......tioner. Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Review Petition No. 31 of 2001 (From the Judgment and Order dated February 6, 2001 passed by t..Category: Procedural Law | Date: | Hits: 83
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......on of the said shop by virtue of inducting him into possession by the Dhaka City Corporation. The rejection of the prayer for adding him as a party has caused serious miscarriage of justice. In view of the pending litigations between the parties in the civil court and in the writ jurisdictio..Category: Procedural Law | Date: | Hits: 78
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......on plot for such acquisition, as such the High Court Division committed an error of law in not holding that the plaintiff respondent has no cause for filing the suit against the Government in view of provision of Section 14 of the (Emergency) Requisition of Property Act, 1948 and that the s..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......on No. 3 of 2001). Judgment Syed JR Mudassir Husain J.- This is a Certificated appeal, in view of the provision in Article 62(3) of the Representation of People's Order, 1972 (hereinafter r..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......hy;tion to the Court to make an investigation by way of comparing any disputed signatures in order to arrive at finding as to the genuineness of the signature or signatures in question and in such view of the matter, Mr. Dutta urged before us that the impugned judgment of the High Court Division..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......ant to demand /realize dowry from the informant. 9. Therefore, considering the facts and circumstances of the case and the nature of allegations against the appellant we are of the view that the High Court Division was not justified in dismissing the appeal and thereby affirming ..Category: Criminal Law | Date: | Hits: 64
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......t and order of the court of Assistant Judge upon making the rule absolute. 8. Leave was granted to consider the submissions whether High Court division acted illegally in upholding the view taken by the trial court in respect of the disputed document without at all considering t..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....ot consider the case in this aspect and consequently he has committed an error of law resulting error in his decision occasioning failure of justice." This Division held that this was an erroneous view of the law by the learned Judge of the High Court Division. A careful reading of sec...... Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Review Petition No. 23 of 2001. (From the judgment and Order dated 25 July 2002 passed by the ..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......ly show that they acted in good faith all along as such the restoration should have been allowed." "For that the office note dated 12.3.1996 is clearly illegal in view of the intervening fact of filing of power by the learned advocate Mr. Abdul Barek Chowdhur..Category: Procedural Law | Date: | Hits: 94
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......e, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Narul Islam, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by th..Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......hy;tioners have been proved and thereafter the competent authority after considering the findings of the enquiry officers and other circumstances, passed the impugned orders, we are of the view that no interference is called for in these writ petitions. In the Result, these Rules ..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......delivery until final settlement of LIM Accounts dues. From reading of prayer as contains in paragraph B of the plaint, as well as Exhibit-10 a letter dated 14.2.74 written by the bank we are of the view that this case is governed by Article 48 of the Limitation Act inasmuch as the plaintiff was en..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......eading and non-reading of the evidence on record found the possession in favor of the plaintiff and also found that the defendant had dispossessed him. The High Court Division further accepted the view of the trial Court wherein it has been found that since the termination of tenancy of Gob..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ...... 6. We have hear the learned Counsels of both parties and upon considering the facts and circumstances of the case and the impugned judgment and order of the High Court Division, we are of the view is that although there is a will but unless and until it is proved in accordance with law, on..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... Ain inasmuch as there are documents signed by the defendant Nos. 3 and 4 showing their liability for it and therefore the finding that the suit will serve no purpose as against those defendants is erroneous in law, that the defendant Nos. 3 and 4 having received and utilized the loan grant...... to enable the Bank and the defendant Nos. 1 and 2 to lift the fertilizer from Respondent No.7. 14. In the background of the materials on record and the discussions made hereinbefore in our view it cannot be said that defendant Nos. 3 and 4 obtained loan from the Bank or received any fina..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......ative Appellate Tribunal filed two leave Petitions and leave was granted to consider the following: "It appears from the impugned judgment that the Appellate Tribunal took the view that since opposite party No. 3 drew up proceeding against the petitioner after he had..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ...... Court Division and other connected papers. 7. Mr. Huq mainly argued that insertion of the Bengali word 'Bhadra' and the English date 29.08.1980 made no material change in the banapatra, in view of the fact that the bainapatra Exhibit-1 was proved by the scribe, P.W.4 and as such the..Category: Property Law | Date: | Hits: 31
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ...... Lawyers Involved: Kazi Shahadat Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioners. Not represented- the Respondent. Criminal Review petition No.14 of 2002. (From the judgment and Order dated April 16, 2002 passed by the..Category: Criminal Law | Date: | Hits: 61
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......een in fact implicated in the alleged occurrence." 13. Having reared to above submissions made by the learned Counsel, we fined enough force in his above argument and we are of the view that the confessional statements of co accused having been obtained in Dhaka being in police c..Category: Criminal Law | Date: | Hits: 47
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