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Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
.... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......s Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 25 of 2004. (From the judgment dated December 14, 2003 passed in Civil Pet..Category: Property Law | Date: | Hits: 28
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......ollows by the Tribunal is negation of justice or contrary to good conscience, fair play and equity or prejudicial to the parties before the Tribunal. The practice and procedure in question, in our view, being not negation of justice, there is no good reason to take exception thereto, since takin..Category: Administrative Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ......he detention made the Rule absolute on the finding that: "In consideration of the materials produced and the submissions of the learned Counsels of both the sides, we are of the view that the allegations made in the grounds do not come within the mischief of prejudicial act a..Category: Criminal Law | Date: | Hits: 109
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......position laid down in the above decision but since the plaintiffs failed to prove the dedication itself by any legal evidence the dedications is also of no help to the plaintiffs. 7. We are of the view that the High Court Division, on proper consideration of the evidence and the materials on reco..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......) Supreme Court Cases (Labour and Service) 642 wherein it has been held that: "We have heard learned Senior Counsel for the petitioners as well as learned counsel for the respondent-State. In our view, the grievance of the petitioners that the persons similarly situated like them have been given..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......miKvi wbqwš¿Z we‡klvwqZ e¨vsK| eZ©gv‡b GB e¨sK `yBwU‡Z miKv‡ii †kqvi gvwjKvbv h_vµ‡g 94.5% I 100 %" and accordingly in view of the above circular the defendant Bank became a commercial bank under control of the Govern..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....elied upon and believed. 12. The High Court Division set aside the findings of the trial court and the appellate court with the observations "Moreover, the courts below have come to an erroneous finding as to the possession of the suit land in favour of the defendant No. 1 due to mi......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......of proceedings after submission of the charge sheet but before taking of cognizance of the case by the competent court or tribunal observing that "it should not be presumed that we are expressing the view that the High Court is not competent to examine propriety of the charge sheet but this can be d..Category: Anti-Corruption Laws | Date: | Hits: 152
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... to consider the contentions whether the High Court Division was wrong in setting aside the finding of the trial Court without adverting to the reasoning assigned by it and upon a completely erroneous view that the trial Court was not aware of the legal position as settled by ......e contentions whether the High Court Division was wrong in setting aside the finding of the trial Court without adverting to the reasoning assigned by it and upon a completely erroneous view that the trial Court was not aware of the legal position as settled by this Division in..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......artial Law Court, Comilla in Special Martial Law Case No.24 of 1983 being coram non judice having been passed without lawful authority on the finding that: ".......though we are of the view that normally and ordinarily, the judgment and order of the Martial Law Court passed during th..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......deceased Lutfunnessa, by her husband, Md. Sarwar Alam Chowdhury with the help of other accused. 12. In the case of Badsha Mia and others VS. The State reported in 10 DLR (1958) 412, after having reviewed a number of cases, it was observed that a Magistrate was not bound in law to take cognizance ..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......Government, the report dated 8.2.84 relying on which the High Court Division discharged the Rule and which has been reproduced in the impugned judgment at its end the following statement was made. In view of the above circumstances the property left by Mr. Jogesh Chandra Sarker and Mrinalini Sarke..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......ents recorded under Section 164 of the Code of Criminal Procedure are true and voluntary and on the basis of the materials on record passed the impugned judgment and order. 15. We are of the view that the High Court Division has correctly assessed the evidence and considered the facts and ..Category: Criminal Law | Date: | Hits: 33
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......aving not paid rent required to be filed by the kind of person as the plaintiffs are the relevant authority has initiated the proceedings in question. In the said state of the matter we are of the view the High Court Division as well as courts below were not in error in holding that the suit fil..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......mpugned order and as such committed illegality. 11. It is needless to mention here that the power of appellate court can be exercised by the revisional court in appropriate cases and in our view, the present case is' one of such nature. In this connection it is to be noted that if the mat..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......shy;ing the judgment of the lower appellate Court and the High Court Division reversed the findings of the courts below with cogent ground and on legal basis and we do not like to take a different view of the findings of the learned Single Judge of the High Court Division. As a result, we find n..Category: Property Law | Date: | Hits: 21
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ...... order of the Land Appeal Board and as a result there has been a miscarriage of Justice. 8. We have heard the learned Advocate for the petitioner and perused the connected papers. We are of the view that the High Court Division upon correct assessment of the materials on record arrived at a co..Category: Property Law | Date: | Hits: 31
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......thers to the extent of their shares and so the trial court as well as the High Court Division erred in law in not allowing the application dated 10.9.2001 for addition of party on an erroneous view that the very basis of the claim of the petitioners has already been decided earlier by civil ..Category: Property Law | Date: | Hits: 24
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