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Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....ved at 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) 859. ......ved at 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) 859. ......which fact became clear from the judgment and decree of O.S. No. 208 of 1968/ 23 of 1971 and consequently the pre-emption case by the successor of Late Ahmed Hossain was not maintainable and these facts were considered by the appellate court below. But the learned Judge of the High Court Di..Category: Property Law | Date: | Hits: 29
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......on due consideration of evidence and materials on record finding that appellate Court below committed no wrong in affirming the judgment and decree of the trial Court as a last Court of facts by its concurrent findings. The impugned judgment and order passed b..Category: Criminal Law | Date: | Hits: 75
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......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..Category: Property Law | Date: | Hits: 32
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......nst the common judgment and order dated 5.12.2007, by which the Rules issued in Civil Revision Nos. 4634/97, 4633/97 and 4635/97 respectively, were disposed of discharging the rules issued calling in question the common judgment and order passed in disposing of three Miscellaneous Cases filed by the......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..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......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..Category: Property Law | Date: | Hits: 38
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....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. ......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. ......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 ..Category: Intellectual Property Law | Date: | Hits: 361
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....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. ......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. ......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..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......a through the dakhilas. The Courts of fact held that the dakhilas so filed were not proved by the competent, independent and dis-interested witness. This aspect of the case reasonably leads one to question the genuineness of the soleh decree obtained in Title Suit No.616 of 1969 or in other word......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..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....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. ......rcise of its discretion rightly withheld sanction for trial of the writ respondent Nos.5 and 6 and the impugned order withholding sanction was passed in accordance with law and is not liable to be questioned by the writ petitioner. 4. The learned Counsels appearing for the appellants subm......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..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....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. ...... disqualified owners by the Court of Wards is a matter of long past. Either they have overcome their disqualification in the meantime or have died leaving heirs to inherit the estates. A relevant question therefore arises if there is at all any necessity or scope for such Court of Wards to f......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..Category: Property Law | Date: | Hits: 67
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....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. ......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. ...... 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..Category: Criminal Law | Date: | Hits: 51
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....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. ......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. ......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..Category: Criminal Law | Date: | Hits: 45
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....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) 799. ......d the Rules 3, 4 and 10 of Rules, 1975 were challenged and the Appellate Division, considering various decisions pronounced by both the Divisions of the Supreme Court, answered the question in the negative an refused leave holding that the provisions of second proviso to sec......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) 799. ..Category: Civil Law | Date: | Hits: 100
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....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. ......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. ...... 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..Category: Civil Law | Date: | Hits: 109
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....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. ......Sobhan filed Title Suit No.130 of 1980 in the 2nd Court of Munsif (now assistant Judge), Fern for ejectment of Salamatullah Majumder. Finding every possibility of losing Salamatullah made the gift in question in favour of his sons, defendant Nos.1-5, although he had no saleable interest in the shop....... 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 ..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......, 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..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... 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. ......ioners is not maintainable and that the plaintiffs-petitioners are strangers in the suit jote and the defendant-respondent No.1 is a co-sharer by inheritance in the case jote, and that the deed in question dated 04.01.1998 is an not and out sale deed in the garb of deed of gift as there was no r...... 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..Category: Property Law | Date: | Hits: 33
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....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. ......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. ......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..Category: Property Law | Date: | Hits: 27
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 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) 780. ......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. ......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 ..Category: Administrative Law | Date: | Hits: 162
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....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. ......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. ......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..Category: Fiscal/Taxation Law | Date: | Hits: 83
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