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Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
.... settlement of the suit land and never possessed the same and Nilambar Mohajan never granted settlement of the suit land to Nalini Ranjan Dutta and the plaintiff to grab the suit land, has given a totally different boundary in the schedule of the plaint only to show that the suit land relates to...... his name in spite of the objection of the defendant who has no right, title or possession, in the suit land, in the month of April 1978 the plaintiff was in Dhaka and taking advantage of his absence the defendant forcibly erected structure on the suit land and thereby dispossessed the......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ..Category: Property Law | Date: | Hits: 29
Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)
....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ...... judgment dated 11.8.2003. Hence the present jail petition by the accused petitioner. 6. Mr. ABM Bayezid, the learned Advocate for the accused petitioner strenuously submits that in the absence of any direct evidence as well as strong arid conclusive circumstantial evidence both......in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ..Category: Criminal Law | Date: | Hits: 51
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
.... on dock was examined under Section 342 of the Code of Criminal Procedure to which he repeated his innocence. 8. The defence case as could be gathered from the trend of cross-examination was total innocence and inter-alia case is that the victim had developed an elicit affair with Shamsul ......of the High Court Division. Accordingly, both the Jail Petition and Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......of the High Court Division. Accordingly, both the Jail Petition and Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ..Category: Criminal Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)
.... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 695. ...... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 695. ......ating to a property in Mohammadpur. The property in question was listed as abandoned property. The Court of Settlement dismissed the case but being challenged before the High Court Division in writ jurisdiction the judgment and order of the Court of Settlement was set aside and the property in qu..Category: Property Law | Date: | Hits: 24
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....nfirmity 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) 687. ......nfirmity 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) 687. ......he suit land for nearly 30/35 years and further the District Registrar duly registered the sale deed. 5. As it appears the High Court Division discharged the Rule holding that in revisional jurisdiction the High Court Division can not interfere with the findings of fact of the final ..Category: Property Law | Date: | Hits: 25
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......03.1998. On appeal, Title Appeal No.126 of 1998, the appellate court allowed the appeal and dismissed the plaintiff’s suit. Being aggrieved the plaintiff moved the High Court Division in revisional jurisdiction and the High Court Division discharged the Rule as noticed earlier. 6. We have heard..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
.... has been no failure of justice in view of the order passed by the trial Court and as such the revisional application was not maintainable. The High Court Division on consideration of the totality of the facts of the case of the parties and the relief sought by the plaintiffs was of th......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ......on Civil Revision No.1 of 2004 was registered. The learned District Judge by the order dated March 3, 2004 rejected the revision case. Then the defendant moved the High Court Division in revisional jurisdiction and obtained Rule. 5. It was contended from the defendant-petitioner's side th..Category: Procedural Law | Date: | Hits: 58
Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary Vs. Bangladesh, 2007, 36 CLC (AD)
....nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 678. ......nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 678. ...... Nikah registry license of the writ petitioner. He then filed a review petition on 01.08.2002 before the respondent No. 1 but did get any reply and thereafter moved the High Court Division in writ jurisdiction. 3. The High Court Division upon hearing the learned Advocates for the parties ..Category: Civil Law | Date: | Hits: 87
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ...... 4. The trial court decreed the suit. On appeal in Title Appeal No.285 of 2000, the court of appeal dismissed the appeal. Being aggrieved the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule which after hearing was discharged. 5. We have heard Dr. ..Category: Property Law | Date: | Hits: 26
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
.... decree of the above appeal are inconsistent and did not reflect the correct position inasmuch as application for certified copy was filed on 11.8.2003, several days before 30.8.2003, which is totally untrue and the defendant petitioner should take guard in future in making such blunt state......y or infirmity 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) 667. ......986-87 and V.P. Case No. 5 of 1987-88 filed in the Office of the Upazilla Nirbahi Officer, Chandpur, in respect of the land described in 'Ka' schedule of the plaint are collusive, illegal, without jurisdiction and not binding upon them and they also prayed for recovery of possession of Kha sched..Category: Procedural Law | Date: | Hits: 68
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......es. 5. The trial Court dismissed the suit. On appeal being Title Appeal No.34 of 1996 the appellate Court allowed the appeal. The defendants then moved the High Court Division in revisional jurisdiction and obtained Rule which after hearing was discharged. 6. We have heard Mr. Mahbu..Category: Property Law | Date: | Hits: 19
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......1978 illegal. The defendants went on appeal. 6. The appellate Court affirmed the judgment and decree of the trial Court. Thereupon the defendants moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division made the Rule absolute as the plaintiffs, w..Category: Property Law | Date: | Hits: 20
MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)
....ived 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: V ADC (2008) 655. ......ived 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: V ADC (2008) 655. ......000 against the defendant-petitioners for a declaration that the letter dated 1.1.1998 of the Deputy Chief Personnel Officer, Natore Sugar Mills, Natore is illegal, null and void and without jurisdiction with a prayer for mandatory injunction to allow him continue to work as Workshop ..Category: Employment/Service Law | Date: | Hits: 61
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....rrect 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) 649. ......rrect 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) 649. ......referred Miscellaneous Appeal No.34 of 2000 in the court of District Judge, Bogra. The appellate court allowed the appeal. Being aggrieved the pre-emptor moved the High Court Division in revisional jurisdiction and obtained the Rule which after hearing was made absolute. 5. We have heard M..Category: Property Law | Date: | Hits: 26
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
.... relevant time used to perform the functions of the Zilla Parishad whimsically and for that he was removed, that immediately before his removal the Chairman in hot haste promoted the plaintiff upon total disregard of the law and rules to the post of Stenographer, that the promotion so made was no......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......dismissing the same. The suit was filed seeking declaration that the 1 Memo. No.13/Sa dated 11.7.1993 issued by the defendant No.1 (herein appellant) is illegal, nul and void, in operative, without jurisdiction and not binding upon the plaintiff. 2. By the aforesaid Memo, the defendant No..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......ion of the land, that plaintiffs being not in possession of the land the suit is barred under Section 42 of the Specific Relief Act. 8. Plaintiffs moved the High Court Division in revisional jurisdiction and obtained the Rule. It was contended before the High Court Division that plaintiffs..Category: Property Law | Date: | Hits: 30
Bangladesh Bank and another Vs. Administrative AppellÂate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......terfere with the impugned judgment of the Appellate Tribunal were also heard along with CA No. 35 of 1987. 3. The learned Additional Attorney‑General, however, contended that in absence of express words or necessary implication in the new law section 6A is to be construed as p...... 35 of 1987 was adjourned when the Court was informed by the learned Attorney‑General that the matter was under consideration of the Government whether the Appellate Division be invested with jurisdiction to have the last say in matters arising out of decisions of the Administrative Appella..Category: Administrative Law | Date: | Hits: 180
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....e came to know about ex parte decree from PW 4 on 1-11-1983. In the background of the aforesaid state of the fact the High Court Division observed that the appellate Court "misdirected himself in his total approach on the question of limitation and under misconception of law recorded the finding tha......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......lish that the defendant No. 4 was not ill. 10. As against the judgment of the appellate Court the plaintiff-opposite parties (in the Miscellaneous Case) moved the High Court Division in revisional jurisdiction. The High Court Division made the Rule absolute on the findings that the Miscellaneous ..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....strict-Chittagong and the same was acquired for housing estate and for construction of link road. After the said acquisition only about 46 decimals of the land of the respondents out of 1.26 acres in total were utilised for the construction of the 60 feet wide pucca link road between Kattali road an......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....strued the document or misinterpreted the law and that had any one of those errors been not committed the judgment would have been otherwise. In the instant case there is no situation i.e. there is total absence of any of the aforesaid situations i.e. no consideration of the evidence, misreading......ng on the date fixed neither the respondent nor his lawyer was present. The Court of Settlement dismissed the case on the finding "From the papers submitted before us by the parries and in the absence of original agreement for sale and that other evidence on the point it is difficult for us ......we find that the petitioner has not bean able to establish his case as asked for. 10. As against the judgment of the Court of Settlement the respondent moved the High Court Division in writ jurisdiction and obtained the Rule. The High Court Division on the findings and observations that t..Category: Property Law | Date: | Hits: 32
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