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Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....aken step for production thereof, either before the trial Court or the appellate Court, the High Court Division as well as the lower appellate Court were error in allowing the review application in total disregard of the provision of Order 47 Rule 1 of the Code of Civil Procedure, that the i......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ...... order of the 1st Court of Additional District Judge, Bakerganj allowing the Miscellaneous Case No. 5 of 1980 the plaintiff of Title Suit No. 634 of 1970 moved the High Court Division in appellate jurisdiction, First Miscellaneous Appeal No. 9 of 1982. The High Court Division dismissed the appea..Category: Property Law | Date: | Hits: 34
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
.... under Section 302 of the Penal Code against the accused to which he pleaded not guilty and demanded trial. The defence case as it appears from the trend of cross-examination of the accused is total denial and inter-alia is that he has been falsely implicated at the instance of the local Uni......een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ..Category: Criminal Law | Date: | Hits: 44
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......e to negligence on the part of the accused-petitioners, she gave birth to a dead child. It appears from the record that the charge has not yet been framed. 6. An accused may invoke the jurisdiction of the High Court Division under Section 561A of the Code of Criminal Procedure, if, h..Category: Criminal Law | Date: | Hits: 42
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
....sons Joynal Molla and Ketu Molla and 5 daughters Karimannessa, Rupjan, Jamiran and two others; Joynal Molla sold .16½ acres of land from plot Nos. 31 and .33 acres from plot No. 32, in total .49½ acres, infavour of the defendants; Joynal Molla sold .66 acre's of lands on...... 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) 239. ...... 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) 239. ..Category: Property Law | Date: | Hits: 44
Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)
....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) 237. ......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) 237. ...... 4. The trial Court dismissed the suit. On appeal in Title Appeal No. 36 of 1999 the appellate Court allowed the appeal. Being aggrieved, the defendants moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was discharged. 5. We have heard Mr...Category: Property Law | Date: | Hits: 26
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ...... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......he kabala was in force even after the rent sale of the kabala land and being purchased by the predecessor of the defendant. 6. The plaintiff moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the finding that def..Category: Property Law | Date: | Hits: 37
Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ......o no effect and that they instituted Title Suit No. 163 of 1997 seeking declaration that the property was not an abandoned property but the plaint of the suit was rejected on 09.03.2000 as the jurisdiction of the Civil Court was barred by Section 6 of Ordinance No. LIV of 1985. The petition..Category: Property Law | Date: | Hits: 27
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......p;……” 8. Collective reading of the above-quoted sections shows that Artha Rin Adalat shall follow and apply the Code of Civil Procedure as a Civil Court in exercising its jurisdiction, powers and functions while adjudicating any dispute between the parties before it in..Category: Civil Law | Date: | Hits: 111
Bishwanath Baishnath and others Vs. Narayan Chandra Baishnab, 2006, 35 CLC (AD)
....en statement supporting the plaintiffs case. 5. It was the case of the contesting defendants that Tarani Baishnab was the owner of .56 1/2 acre of land, that Tarani Baishnab acquired in total 3.11 2/3 acres of land and therefrom sold 2.98 acres and thus Tarani Baishnab had only .03 7/......ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ......ound of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 211. ..Category: Property Law | Date: | Hits: 27
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
.... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ......de the country on import at the instance of any one except the Government or the Bangladesh Petroleum Corporation, Petroleum agreement is a condition precedent to dealing with such product. In the absence of any restriction imposed either in the Imports and Exports Control Act or in the Import P...... question The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 205; 14 BLC (AD) (2009) 57. ..Category: Business or Commercial Law | Date: | Hits: 94
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ...... the decision making process rather than decision itself on well settled grounds/principles of "illegality" "irrationality" and "procedural impropriety" and in the absence of such grounds, the decision itself made pursuant to the recommendation of the expert bod...... PSC on the basis of evaluation of materials as well as interview and thus the High Court Division sat as an appellate authority over the opinion formed by the PSC and so acted in excess of jurisdiction and committed illegality in so sitting as an appellate body, inasmuch as the decision..Category: Employment/Service Law | Date: | Hits: 100
Delwar Hossain Vs. State, 2007, 36 CLC (AD)
....cused-petitioner under Section 164 of the Code of Criminal Procedure. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination is total denial and inter alia case that he did not take part in the occurrence inasmuch as the allege...... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ...... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ..Category: Criminal Law | Date: | Hits: 43
Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)
....ded their innocence and declined to examine any witness for the defence. 5. The defence case as could be gathered from the trend of cross-examination and suggestions put to them is a case of total innocence. According to them no such occurrence took place on the date, time, place and in th......appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ......appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ..Category: Criminal Law | Date: | Hits: 32
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ioners receiving the bills issued tokens after taking signature of the party but inspite of the above, the petitioners were convicted without fixing their specific liability which has caused a total failure of justice. 6. As it appears that the High Court Division dismissed that appe...... petitioners knowing fully well about the forged bills issued tokens specially when the prosecution did not take any steps to seize the register of tokens and make the same as exhibit; in the absence of strict proof of the fact that the petitioners issued the tokens knowing fully well about......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....at and P.W.9 stated that (Text, mixed with Bangla and English…………………) but inspite of the above, the petitioner was convicted without fixing his specific liability which has caused a total failure of justice. 6. As it appears that the High Court Division dismissed the appeal hold......onclusion that the petitioner knowing fully well about the forged bill issued token specially when the prosecution did not take any steps to seize the register and make the same as exhibit and in the absence of strict proof of the fact that the petitioner issued token knowing fully well about the f......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ...... suit as framed is quite maintainable. 8. The defendants moved the High Court Division in revisional jurisdiction. The High Court Division in the facts of the case, particularly because of the Exts. 1..Category: Property Law | Date: | Hits: 23
Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)
....of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ......sp; 7. The defendants went on appeal but without any success and thereupon defendants moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the finding that def..Category: Property Law | Date: | Hits: 29
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......his view of the matter their possession over the suit land appears to be for more than 12 years without any interruption". 6. The defendants moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division on consideration of the documentar..Category: Property Law | Date: | Hits: 25
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......nbsp; its discretionary power in not considering that the findings and decisions arrived at by the lower appellate Court as a final Court are binding upon the High Court Division in the absence of any misreading of evidence and misconstruction of any documentary evidence and as ......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......ence is going to be cancelled as the brickfield situates within the radius of 3 kilometer of municipality. Therefore, he got no notice and it has no basis. He tried by invoking civil Courts jurisdiction and thereafter under the writ jurisdiction. The licence was cancelled and the licence..Category: Environmental Law | Date: | Hits: 517
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