Search Options
Judgment Advanced Search
Displaying 5241-5260 of 7097 results.
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....n respect of which a succession certificate can be granted. 19. The Patna High Court was of the view that the learned District Judge was correct. Reading the relevant provisions of the Succession Act especially Sections 370 to 381 there did not seem to m...... of attorney given by him in favour of by Mr. Lutfor Rahman Sarder was genuine. The High Court Division found these facts in favour of the appellant. We will confine ourselves purely to question of law whether on the facts whether the appellant could ask for succession certificate of the jew..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ...... this Hon'ble Court on the following amongst other. 3. The learned counsel appearing for the appellant submits that the learned Single Judge of the High Court Division committed an error of law in sending the suit back on remand to the trial court on the ground that the order of remand pa..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......sion ought not to have made the order of remand suo moto. The learned Counsel further submits that this Division as well as the High Court Division in allowing remand against the settled principle of law as regard remand advanced the cause of the plaintiffs who failed to discharge their onus. In ..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......rts below while arriving at their findings of facts in respect of title and possession of the plaintiffs in the disputed property and the learned Single Judge has thus fallen into an error of law in passing the impugned judgment. 7. We have heard Mr. Parimal Chandra Guha, t..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die 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) 505. ......consider the grievance of the petitioner whether the High Court Division has jurisdiction to grant the Probate merely on the consent of the parties without the will being proved in accordance with law. 5. It is noticed that the appellant filed an application before the High Court Division..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
.... (i) "For that the learned Single Judge acted illegally in holding that the deed of agreement, exhibit-'kha' dated 28.04.1971 with the previous landlord excludes the operation of the provision of the premises Rent Control operation of the provision of the premises Rent Control Ordi......iable to be evicted. 21. In the facts and circumstances of the case and in the light of the discussion made above, we are of the view that the High Court Division committed an error of law in not holding that the nature and character of the tenancy has been changed with the formation..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. ......etitioner was responsive, in favour of the present petitioner (Respondent No. 4 in the writ petition) seeking declaration that letter of intent has been issued in favour of Respondent No.4 without lawful authority and that letter of intent issued in favour of Respondent No.4 be cancelled or with..Category: Procedural Law | Date: | Hits: 83
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
.... 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 suit is b......of appeal below being the final court of fact having rightly reversed the findings of the trial court, the High Court Division sitting in the revisional jurisdiction has committed an error of law in setting aside the findings of facts arrived at by the lower appellate court with cogent reas..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....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 referred to a...... Supreme Court and the provisions of Articles 49, 50, 51, 57 and 58 of the Representation of the People's Order, 1972 (P.O. No. 155 of 1972) as amended- Article 107. (1) Subject to any law made by Parliament the Supreme Court may, with the approval of the President, make rules for ..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....of appeal below although accepted the correct proposition of law as regard the authority of the court to compare and scrutinize the disputed signatures with the admitted signatures under provision of section 73 of the Evidence Act but the appellate Court has fallen in an error in holdi......executed by Debendra Chandra Sharma himself on receipt of consideration money for the transfer in question. It is argued that the learned judge of the High Court Division committed an error of law in not considering the evidence of the those witnesses and wrongly set aside the appellate..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. ......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. ..Category: Criminal Law | Date: | Hits: 64
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......nder in time. This submission cannot be accepted on the fact of a specific direction by the High Court Division to surrender. Admittedly, the petitioners did n6t surrender and became fugitive from law. Having regard to this aspect we find no new ground to review the order of this divisio..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....at the High Court Division was in error in over looking the established principle of law relating to in admissibility of oral evidence to contradict the contents of the document in view of the provision of sections 91 and 92 of the Evidence Act and out sale. In support of the aforesaid ......d document without at all considering the reasoning given and findings made by the court of appeal below in that behalf and without reversing such findings and that in view of the principle of law laid down by this Division as to inadmissibility of oral evidence to construe a document, the H..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......olding "therefore, the suit land has not yet been vested absolutely in the Government and the plaintiff can hold the suit land till the Government takes possession there of in accordance with law. On perusal of the judgment passed by the learned District Judge we fined that he did not consi..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. ......n for restoration of Civil Rule No.117 (F) of 1993 was filed almost after about 2 years of discharge. Therefore, we are of the view that the High Court Division has not committed any error of law in discharging the Rule being Civil Rule No. 117(F) of 1993. It appears from perusal of the rec..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. ......pon scrutinizing the materials on record came to the conclusion that the exchange deed Ext. A of the defendants was a bonafide document and as such the High Court Division in second appeal erred in law "in holding that no fraud practiced by the plaintiff respondent". 6. This..Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....all the relevant procedure of Service Rules, 1982 were followed and the enquiry officers, after giving all opportunities as provided in Service rules, 1982 and also complying the provisions of natural justice, found that the charge against the petitioners have been proved...... Md. Fazlul Haque J. - These two appeals being Civil Appeal Nos. 320 and 321 of 2001 are directed against the self-same judgment and order dated 20-5-1998. Since common question of facts and law are involved in both the appeals, these are disposed of by this judgment. 2. The short ..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. ......d gross illegality in awarding compensation for the said goods and/or the price of the goods." "He next submits that in the facts and circumstances of the case, the High Court Division erred in law in giving decree for Tk. 3,60,538.00 as price for the goods not delivered by the bank, though th..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....legally proved. Further, the High Court Division has held that the superior landlord could make the land of a rayoit khash and could take it under his own possession only in compliance of the provision of section 87(1) (2) of the Bengal Tenancy Act but the same was not done in the present c......h Court Division with regard to the aforesaid two documents has held that these two documents were not legally considered by the appellate Court as the same were not proved in accordance with law and the same were not admitted as additional evidence in compliance with the provisio..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. ......consider the grievance of the petitioner whether the High Court division has jurisdiction to grant the Probate merely on the consent of the parties without the will being proved in accordance with law. 5. It is noticed that the appellant filed in application before the High Court Division..Category: Civil Law | Date: | Hits: 114
31003097309630953094309330923088308730863085308430833080307930783077307630753074