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Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ...... writ of delivery of possession was filed and proved by the plaintiff in the suit as per provision of Rule 75, Schedule-II of the Public Demand Recovery Act for delivery of possession and in view of the positive case of the defendants that the plaintiff did not get possession, the court of..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......owed the appeal on setting aside the judgment and order dated 15-10-1992 and restored Title Suit No.183 of 1990 to its original file and number. Thereafter the plaintiff-petitioners, filed a review petition before the same Court to reconsider and set aside the judgment and order passed on 2..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......it 6 where the forgery is committed is not his signature. When compared it is found totally different in nature. There is no other evidence on record to show that he has committed the offence. In view of the above facts and circumstances, I am of the view that the appellant has made a dent in t..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere 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: 14 BLC (AD) (2009) 19. ...... that at the material time Abdus Salam, the original owner, was present in this country and his whereabouts were known or he did not cease to occupy or manage the building. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ....... Joynul Abedin, J. But my approach to the point of law involved in the appeals is somewhat different from that of my brother Md. Joynul Abedin J. In the totality of the facts of the case I am of the view the writ petitioner was neither in abscondence nor a fugitive while moving the writ petition, s..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......ctual foundation for recounting of the ballot papers. The Election Appellate Tribunal appears to have applied his mind in the facts and circumstances of the case and the evidence on record keeping in view that there was a difference of only one vote between the petitioner and the respondent No.1 and..Category: Election Law | Date: | Hits: 159
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....ndent corroboration of evidence and as such the learned Judges of the High Court Division erred in law in holding that the accused-petitioners guilty for the offence charged and thereby came to an erroneous conclusion in maintaining the conviction and thereby caused failure of justic......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ..Category: Criminal Law | Date: | Hits: 22
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ......pse of 40 years, the present suit was instituted. The High Court Division held that the suit was hopelessly barred by limitation. The appellate court being the last court of fact also held the same view. 7. In view of the discussion above, we are of the view that the High Court Division up..Category: Property Law | Date: | Hits: 24
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......pellate Division in the cases of Moulvi Md. Kurshed Alam Vs. Bangladesh and others reported in 51 DLR (AD) 152 and Kazi Md. Amirul Islam Vs. Bangladesh and others (1996) 16 BLD (AD) 110. In view of the above, we find no substances in the submissions of the learned Advocate-on-Record ..Category: Civil Law | Date: | Hits: 88
Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)
....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......h the plaintiffs sought for partition but the trial court illegally allowed 42.58 acres of land to the plaintiffs on account of the forged and fraudulent solenama filed before the court and in this view of the matter the operation of the aforesaid sole decree was liable to stayed till the disposa..Category: Property Law | Date: | Hits: 22
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ...... employment of Dhakeshwari Cotton Mills Ltd. and therefore ceased to be employee of the Mill and thereby ceased to be a tenant as tenant and landlord relationship also ceased to exist. 7. In our view, the High Court Division upon correct assessment of the materials on record arrived at a correc..Category: Tenancy Law | Date: | Hits: 148
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......he impugned judgment of the High Court Division, we find that the High Court Division meticulously considered the facts and circumstances of the case and other materials on record and we are of the view that the learned Judges having applied their judicial mined discussed and considered the repo..Category: Employment/Service Law | Date: | Hits: 87
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......d out of his exclusive fund and further since the plaintiff did not relay the suit land with the land mentioned in the suit kabala, his claim in the suit land has not been proved. As it appears in view of the above the High Court Division discharged the Rule holding that in revisional jurisdicti..Category: Property Law | Date: | Hits: 23
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......for further period as per provisions of the Mines and Minerals Rules 1968 as amended upto 1995 and also in terms of the lease agreements executed in their favour on the averments that they, with a view to take lease of the respective pathor mahals, filed applications to the respondent No. 2 as ..Category: Others | Date: | Hits: 101
Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)
....to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ......rs that some posts of teachers in the Department of Geography have been lying vacant for a long time and the academic activities are hampered and the students in general are suffering. In out view, considering the greater cause of the student community, the Syndicate of the University ..Category: Civil Law | Date: | Hits: 134
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ......nto bargain concerning the fixation of rate and in the absence of such right the writ petition is not maintainable, which was rightly dismissed by the High Court Division" and further in view of the provisions of section 9 of Ordinance 1977 the Board is not a third party or stranger in..Category: Civil Law | Date: | Hits: 119
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ..Category: Property Law | Date: | Hits: 19
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......resented-Respondent Nos. 47-52 (In Civil Appeal No. 87 of 2000). Civil Appeal No. 85-87 of 2000. (From the judgment and order dated June 2, 1998 passed by the High Court Division in Review petition Nos.4-6 of 1998) Judgment &nb..Category: Property Law | Date: | Hits: 56
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......rd and upon hearing the parties the same was dismissed or rejected, that plaintiff No. 28 has created collusive documents in the name of different persons without any consideration with a view to harass the defendants, that purchasers from Abdul Majid have not acquired any right, t..Category: Property Law | Date: | Hits: 25
Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)
....d at a correct decision. There is no cogent ground to interfere with the same. The leave petition is dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 232. ......t of the petitioner's business as a co-operative bank. Therefore, there is no reason for the petitioner to be prejudiced by the impugned notification. 7. In the circumstances, we are of the view that the High Court division upon consideration of the materials on record arrived at a correc..Category: Banking Law | Date: | Hits: 292
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