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Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....obtained Rule in civil Revision 1815 of 1999 and the High Court Division after hearing discharged the Rule holding that admittedly the suit land appertains to C.S. Khatian No. 117 and the total land in the Khatian is 2.01 acres and Sarbananda and Motinath were the korfa tenant under Puy...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..Category: Property Law | Date: | Hits: 67
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....e said that the defendants went into possession of the land in suit legally, that the Court of appeal below was in serious error in arriving at the finding as to the genuineness of Ext. C upon total disregard of the evidence of P.W.3 and other materials on record. On the aforesaid findi......ndings the trial Court decreed the suit. 5. The defendants, in all 4, went on appeal. The appellate Court on consideration of the materials on record arrived at the finding that in the absence of the record of the case which was started on the application of the defendants filed unde......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ..Category: Property Law | Date: | Hits: 18
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......e 10(2) of the Code), filed and application under Order VII Rule 10 of the Code on 18.04.2002 for return of the plaint by submitting that the learned respondent No.1 Court did not have jurisdiction inasmuch that where the plaintiff alleges that the parties to the agreement that have..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......tlement by its judgment and order dated 10.04.1988 dismissed the case. A review application filed thereafter was also rejected. They, therefore, moved the High Court Division in its writ jurisdiction. The High Court Division by the impugned judgment and order made the rule absolute set..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......d in issuing the mandatory injunction. 8. It is now well settled that, apart from the provisions of Order 39 a Civil Court has power to issue a temporary injunction in the exercise of its inherent jurisdiction. The Dacca High Court had to consider this question first in the case of National Bank ..Category: Property Law | Date: | Hits: 31
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ed 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) 58. ......ary affidavit stated that the Deputy Secretary (Human Resources), Bangladesh Jatiya Sangshad Schibalay served notice upon the petitioner Nos. 1 and 2 for showing cause for their alleged absence from office from 11 a.m. to 1 p.m. only to victimize them. The petitioners also made a sup......rated by the restriction imposed in the advertisement. 3. Being aggrieved by the impugned advertisements dated 27.05.2005 and 28.05.2005 the petitioners moved the High Court Division in writ jurisdiction and obtained the Rule. 4. The petitioners by filing a supplementary affida..Category: Employment/Service Law | Date: | Hits: 70
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....imals of land to Ansar Ali from plot No. 2719 and 15 ½ decimals of land from Plot No. 2718 to Alimuddin by registered kabala a dated 20.02.48; Alimuddin while owning and possessing in total 67 ½ decimals of land from Plot No. 2718 and 2719 died leaving behind one son Du......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..Category: Property Law | Date: | Hits: 19
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error 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: V ADC (2008) 44. ...... subsequently by amendments one after another the area was ultimately reduced to only .79 acres; moreover the description of the suit being vague and indefinite no decree could be passed in the absence of any local investigation; the suit as framed is not maintainable as neither exhibit-1 ......not point at any error 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: V ADC (2008) 44. ..Category: Property Law | Date: | Hits: 39
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....foresaid state of the matter the High Court Division held "It can therefore be concluded that the final court of fact arrived at the finding on possession upon misreading the oral evidence and totally ignoring the documentary evidence indicating plaintiffs exclusive possession in the s......osite party No.1 that the suit as framed was not maintainable since complicated question of title was involved and as such appellate court was quite correct in dismissing the suit, that in the absence of ascertainment of the respective shares of the heirs of Chaitan Sheikh and conseque......aimed title to the land in suit. 6. At one stage of the proceeding, in all probability at the appellate stage, plaintiff having had died his heirs moved the High Court Division in revisional jurisdiction and obtained Rule. It was contended before the High Court Division that the appellate ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ...... 13. The High Court Division can interfere by a writ of certiorari only when the person proceeded against has committed an act or taken a proceeding without jurisdiction or in excess of jurisdiction. We have already noticed that DPEC, a competent authority, amended the initial provisi..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....hat plaintiff is on a portion of the land with the permission of the defendants, that defendant No.1 got his name mutated that the allegation of deed of gift being collusive and fabricated is totally untrue, rather the deed of gift is a genuine one, that the alleged sale deed said to have b......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ...... the deed of gift claimed by the defendant No.1 was not a genuine one. 6. The defendant moved the High Court Division as against the judgment and decree of the appellate Court in revisional jurisdiction and obtained Rule. The High Court Division made the Rule absolute on the finding that ..Category: Property Law | Date: | Hits: 46
Nantu Vs. State, 2007, 36 CLC (AD)
....f Criminal Procedure to which they repeated their innocence. The defence however did not adduce any evidence. 7. The defence case as could be gathered from the trend of cross-examination is total denial and inter-alia, case is that the he was neither connected with nor responsible fo......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ..Category: Criminal Law | Date: | Hits: 37
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....de of Criminal Procedure and they pleaded their innocence. 7. The defence did not adduce any evidence. 8. The defence case as could be gathered from trend of cross-examination is total denial and their case is that the deceased did not sustain any injury on the date, at time an...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..Category: Criminal Law | Date: | Hits: 44
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....not file any appeal against the order of status quo. 4. Thereafter, on 13.04.1993 the defendant Nos. 1-8 filed an application for permission to make construction in their portion out of the total suit land in which they have been in possession, but that application was kept with the recor......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......nst such determination of fact by the Chief Controller of Export and Import. 17. In view of the disputed assertion regarding the age of the imports in question the High Court Division exceeded its jurisdiction in embarking upon deciding the disputed question of fact in an application under Arti..Category: Business or Commercial Law | Date: | Hits: 139
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
.... a presumptive value and the Appellate Court rightly allowed the appeal and dismissed the plaintiffs suit on proper analysis of a evidence and materials on record but the High Court Division totally avoided to consider the said vital points involved in the matter and most ......r getting the suit lands by inheritance by Sayed Ali Mollah from Manjony Bewa and also getting the suit land by inheritance by this plaintiffs, consequently, said Sayed Ali Mollah and in his absence the plaintiffs did not bother to got the name of Syed Ali Mollah recorded in the S.A.......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und 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) 112. ......und 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) 112. ......roperty authority taken for evicting him (petitioner) from the property in question. The petitioner challenged the action of the abandoned property authority before the High Court Division in writ jurisdiction but without any success. 3. As against the judgment of the High Court Division ..Category: Property Law | Date: | Hits: 36
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......hose sale deeds and further the Sale Deed No.2376, is found to have been registered in the Sub-register's office at Kashiani but the land described in the schedule of exhibit is situated within the jurisdiction of Sub-registrar's Offices Gopalganj Sadar and further the pre-emptee in his written o..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....ditional as there was no counter offer as it only spelt out some consequential measures to be taken by the plaintiff to fulfill his part of the contract, namely to pay 25% of the total consideration money within one month of the date of acceptance of the offer as a c......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..Category: Property Law | Date: | Hits: 33
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......earned Single Judge of the High Court Division discharged the rule affirming the judgment of the learned Additional District Judge to the extent that the suit, as framed, is not maintainable in the absence of any prayer for declaration of the title and recovery of khas possession and also for def......iption of the plaintiff shall not be allowed to affect the suit, particularly when the mis-description of the plaintiff in the present suit has not affected the merit of the controversy or the jurisdiction of the court. The present suit, as framed, is found to be maintainable and the judgme..Category: Property Law | Date: | Hits: 35
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