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Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ...... by leave is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No.2948 of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kali..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ...... of Settlement seeking release of the property from the list of abandoned property. The Respondent No. 4 also filed Settlement Case No. 525 of 1987 seeking release of the property of the holding in question. The Court of Settlement dismissed both the cases. 5. Thereupon the Respondent No. ...... of Settlement in holding the property as abandoned property seriously erred as there is no basis for making the said finding. The High Court Division further held that the Court of Settlement in the facts and circumstance of the case acted without lawful authority in dismissing the case No. 526 o..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ...... sent for, were requested to assist the Court in the matter which they did ungrudgingly and, we must say, with an admirable thoroughness by producing a large number of decisions governing the question of amendment of plaint. Both of them submitted that having regard to the accepted and well......al .49 decimals and for a preliminary decree for .11 decimals being the share of the plaintiff at the first instance. In making the prayer for partition by amendment the plaintiff stated some more facts in the amendment petition which were not inconsistent with the facts already disclosed in the..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......a concocted one and that she was not in possession of the building at any point of time and was not evicted either. His further case is that Momtaj Begum was found in possession in the premises in question who instituted Title Suit No. 572 of 1982 in the 2nd Court of Subordinate Judge for specif......he failed to discharge. Having considered the judgment of the Court of Settlement and of the High Court Division and after hearing the learned Additional Attorney General for the appellant and the facts and circumstances of the case and in view of the aforesaid decision of this Divisio..Category: Property Law | Date: | Hits: 37
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......08.12.1998 passed by the High Court Division in Civil Revision No. 1029 of 1998.) Judgment Abu Sayeed Ahammed J.- This appeal by leave, is at the instance of the plaintiff calling in question the judgment and order dated 08.12.1998 of a Single Bench of the High Court Division in C......red with the findings and decisions of the trial court that the plaintiff successfully proved her title and possession in the suit land and the High Court Division against the concurrent finding of facts of the courts below has sent back the appeal on remand to the lower appellate court wit..Category: Property Law | Date: | Hits: 31
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......nt were required to establish their title to the disputed premises before praying for a direction for mutation of their names and the writ jurisdiction was not the proper forms for deciding the question of title. Mutation could not be ordered without finding title with the writ petitioners a...... The learned Additional Attorney General, appearing for the Government petitioner, submits that the law officer who represented the Government in the High Court Division was not posted with facts. The correct facts have now been brought to the notice on the basis of official records. The..Category: Property Law | Date: | Hits: 35
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
....terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......tioner Md. Hamidur Rahman is directed against the judgment and order dated 9th July, 2003 passed by the High Court Division in Jail Appeal No. 79 of 2002 dismissing the jail appeal. 2. Short facts as placed before the High Court Division are that the deceased Hosneara sister of the informa..Category: Criminal Law | Date: | Hits: 50
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......nbsp; The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......peal is directed against the judgment and order dated 13th March, 2008 passed by the High Court Division in Criminal Miscellaneous Case No. 1905 of 2008 discharging the Rule. 2. Short facts are that the petition of complaint was filed stating, inter alia, that the complainant agreed..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
.... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ......orced at the time of opening of the Letter of Credit. 6. As against the aforesaid contention of the writ petitioner it was submitted on behalf of the respondent (in the writ petition) that question of acquiring vested right as was held in the case of Collector of Customs Vs. A. Hannan r......Hannan reported in 42 DLR (AD) 167 and in the case of Collector of Customs Vs. Ahmed Hossain and 39 others reported in 48 DLR (AD) 199 not well conceived or in other words unsustainable in law and facts since facts of those cases are quite different from the facts of the instant case in that in ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......n for leave to appeal is directed against the judgment and order dated 31st August, 2008 passed by the High Court Division in Writ Petition No.6871 of 2007 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the writ petitioner while a student of 3rd ..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......and their further applications under Sections 28/37/27 and 57 of the Artha Rin Adalat Ain, 2003 Ain was also rejected and the petitioner moved the High Court Division by suppression of these facts. The impugned order was acted upon in the execution case before issuance of the Rule. Conside..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......hakul Union Parishad Complex in accordance with the formal resolution passed unanimously by the members of the Union Parishad and as per instruction of the circular of the Government. 2. The facts of the case are that the respondent Nos.1-5 are regulated and controlled by the Governme..Category: Others | Date: | Hits: 87
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......nsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the High Court Division correctly found that the suit in question is maintainable under Order 1 Rule 1 of the Code of Civil Procedure as the plaintiffs cause...... for leave to appeal are directed against the judgment and order dated 31.08.2006 passed by the High Court Division in Civil Revision Nos. 4217 of 1998 and 386 of 1999 discharging the Rule. 2. The facts, in short, are that the plaintiff opposite parties instituted Title Suit No. 222 of 1994 in th..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......20.06.1992 and the plaintiff deposited earnest money of Tk. 60,25,100/- as per terms and conditions of the tender and the plaintiff became the highest bidder in respect of the property in question and thereafter due to the pendency of a number of suits in different Courts some of the p......peal No. 80 of 1998 allowing the appeal setting aside those dated 27.11.1997 of the Subordinate Judge, 2nd Court, Chittagong in Other Suit No. 120 of 1993 thereby dismissing the same. 2. The facts of the case, in short, are that the plaintiff company is a private limited company incorporat..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......n for leave to appeal is directed against the judgment and order 20th April, 2008 passed by the High Court Division in Writ Petition No. 5063 of 2005 making the Rule absolute in part. 2. Short facts as placed before the High Court Division are that the writ petitioner is a citizen of Bangla..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......sh Vs. Jaheruddin reported in 1986 BLD (AD) 180 it was held as under: "Apparently, there has been delay in filing the appeal. Explanation for delay has been provided whose acceptability was in question, once before the District Judge who by accepting the explanation condoned the delay. Whil......neous Case No. 13 of 1995 filed by the defendant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte decree dated 19.8.1995 passed in Title Suit No. 1 of 1995. 2. Short facts are that the plaintiff-respondent filed the suit stating, inter alia, that the suit property o..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......rought within the net of law and to be dealt with in accordance with law. Had the writ petitioner been not seriously ill being a cancer patient, the result obtained upon resorting to the procedure in question would not have been allowed to enjoy. We are of the opinion that for the indiscreet act of ......d June 21, 2007 of the Court of Special Judge No.1, Dhaka in Special Case No. 1 of 2007 (arising out of Kafrul P.S. Case No.15 dated March 6, 2007 corresponding to ACC G.R. No. 12 of 2007). 2. The facts of the case of the Civil Appeal and the Criminal Petition for Leave to Appeal need not be stat..Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......o participated in the auction were all from the same village excepting one. Accordingly the Executing Court found collusion and fraud on the face of the record and hence set aside the auction sale in question with some directions. 8. The High Court Division by the impugned order refused to interf...... appeal by leave is directed against the judgment and order dated 6th July, 1999 passed by the High Court Division in Writ Petition No. 1526 of 1999 summarily rejecting the writ petition. 2. Short facts are that the writ petitioner is the auction-purchaser. He seeks leave to appeal against the ju..Category: Civil Law | Date: | Hits: 92
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......but has been falsely implicated in this case when he went to the place of occurrence like others to see the lootings. 9. The Court of Sessions in consideration of the evidence on record as well as facts and circumstances of the case, found the accused-petitioner guilty for the offence charged and..Category: Criminal Law | Date: | Hits: 47
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......trative Appellate Tribunal in Appeal No. 21 -of 1993) Judgment ATM Afzal CJ.- The question raised in this appeal by leave is whether the respondent who is an Assistant Director, Na...... given to the appellant to bring on record the said relevant documents for consideration of this Court which unfortunately could not be produced before the Tribunals. 7. In the special facts of the case, the prayer was granted and so also the leave. 8. At the time of hearing o..Category: Employment/Service Law | Date: | Hits: 119
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