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Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......ate court allowed both the appeals and set aside the judgment and decree passed by the; trial court and decreed both the suits. The present petitioner then moved the High Court Division in revisional jurisdiction and obtained the Rules which after hearing were discharged. 5. We have heard Mr. Kha..Category: Tenancy Law | Date: | Hits: 155
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ....... Mr. Mahbubey Alam, the learned Senior Advocate, appearing for the respondents, supported the impugned judgment of the High Court Division, contended that the High Court Division in its revisional jurisdiction rightly passed the impugned judgment and order and there is no error in the decision ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......t released and she was constrained to file the case before the Court of Settlement which after hearing arbitrarily dismissed the case. The petitioner then moved the High Court Division in writ jurisdiction and the High Court Division after hearing made the Rule absolute as noticed earlier. ..Category: Property Law | Date: | Hits: 27
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......ainst the judgment of the High Court Division. Upon hearing the parties, this Division dismissed the leave-petition finding to the effect that the High Court Division in the exercise of revisional jurisdiction dismissed the suit on the ground of limitation whereas the appellate Court as a f..Category: Property Law | Date: | Hits: 53
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality 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: IV ADC (2007) 855. ......any illegality 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: IV ADC (2007) 855. ......any illegality 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: IV ADC (2007) 855. ..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....s or in other words the claim of the plaintiffs is on the basis of inheritance as heirs of the C.S. recorded tenants. As against that the claim of the defendants in respect of 68.20 acres of land, total land in suit is 69 acres, is on the basis of kabuliy at of July 30, 1927 (Ext. -Kha). ......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......at the time of the institution of the suit and during pendency of the suit he was dispossessed by the defendants the above finding can not be disturbed by the High Court Division in revisional jurisdiction specially when the learned advocate for the petitioner could not point out any misread..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....Miah sold 7½ decimals of land to defendant Nos. 42-45 and Gedu Miah also sold 3½ decimals of land from plot No. 188 and further 3½ decimals of land to Champa Bibi. In total Gedu Miah sold 1814 decimals of land and thus exhausted his entire share, that Yasin died le...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......ed the deed described in schedule 4 void and illegal. 6. As against the judgment and decree of the lower appellate Court the contesting defendants moved the High Court Division in revisional jurisdiction. The High Court Division made the Rule absolute on the finding that by the kabala Ext..Category: Property Law | Date: | Hits: 23
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... appeal. The appellate Court allowed the appeal on the finding that the certificate case was fraudulent and collusive one. 6. The defendants moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the finding that cer..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....fficer under section 20 of the East Bengal State Acquisition and Tenancy Act, 1950 and out of 81.81 acres of land in khas possession of the appellant as the Mutwalli and in his personal capacity a total quantity of 36.06 acres including homestead was allotted to him and the remaining 45.75 acres......neness of the waqfnama and concurring with the finding of the trial Court that the waqfnama is genuine and it was duly executed by Ismail Gazi, on a new ground raised before them held that in the absence of any provision in the waqfnama reserving the ultimate benefit for the poor or for any ot......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......on having issued leave and the same being pending the instant case should be kept pending till disposal of the Criminal Leave to Appeal No.36 of 2004. For that in view of the fact that jurisdiction of the tribunal to try a case being determined by the Government under Section 5 of th..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......ts, inter alia, that the High Court division while passing the impugned judgment and order has gone contrary to the provision of Section 4(4) of Druto Bichar Tribunal Ain, 2002 and that jurisdiction of the tribunal to try a case being determined by the Government under Section 5 of th..Category: Criminal Law | Date: | Hits: 64
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ...... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......n appeal, being miscellaneous Appeal No.16 of 1994, the appellate court upon hearing also dismissed the miscellaneous appeal. Thereafter, the petitioner moved the High Court Division in revisional jurisdiction and the High Court division by the impugned judgment and) order discharged the Rule. ..Category: Property Law | Date: | Hits: 24
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......ircumstances statutory assistance of an expert is needed specially when the earlier local investigation at the initiative of the plaintiff being held without the leave of the Court and also in the absence of the defendants will have no evidentiary value like that of a statutory report filed by a......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ...... seen that defendant No.1's vessel M.V. Shainpukur-1 was on the wrong side of the buoy, that High Court Division dismissed the suit on taking into consideration non-relevant matters like absence of lisence, pilot, and age of Master of the plaintiff No.2, (vessel) ignoring the report of......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....se on 13.6.1993 and as such the case so initiated against the Respondent would be governed by the law as was on 13.6.1993. The learned Additional Attorney General continues that High Court Division totally failed to notice that by the Code of Criminal Procedure (Second Amendment) Act, 1992, sub-...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ..Category: Criminal Law | Date: | Hits: 48
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....ll whom were cross-examined by the defence. The defence did not examine any witness. 6. The defence case as could be gathered from trend of cross-examination of prosecution witnesses is total denial and his case, inter-alia, is that he is not responsible for, nor connected with ......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ..Category: Criminal Law | Date: | Hits: 43
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....issuing rent receipt and the plaintiffs took some money as loan from defendant No.2 and the defendant No. 2 used to write it in a account book and in terms of the account book the plaintiffs took a total amount of Tk. 8,462.00 between 13.04.1989 to 29.12.1991 and after adjustment of Tk.700.00 ag......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Property Law | Date: | Hits: 35
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......decreed the suit. On appeal in Title Appeal No.215 of 1990, the appellate court affirmed the judgment of the trial court. Being aggrieved, the defendant moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was discharged as stated above. 5. W..Category: Family Law | Date: | Hits: 150
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....he above, 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: IV ADC (2007) 680. ......he above, 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: IV ADC (2007) 680. ......to decide afresh the claim of the parties suo moto; that the High Court Division erroneously passed a new decree by passing the consensus opinion of the parties which is barred by law in revisional jurisdiction. 7. The learned Advocate further submits that Miscellaneous Case No. 74 of 1966..Category: Property Law | Date: | Hits: 30
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