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Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......late Court and the trial Court being based on due consideration of the evidence and that there being no mis-reading or non-consideration of the evidence by the last Court of fact we are of the view the High Court Division did not commit any error in not interfering with the judgment and dec..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......same Department the authority concerned granted him full pension and gratuity benefits covering the period of his services on work-charged basis but in case of the petitioner a different view was taken and his pension and gratuity etc. for the period of his service on work charged basi..Category: Administrative Law | Date: | Hits: 115
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......ng to respondents. The respondent admitted the same in the schedule of the plaint as schedule of title suit No. 32 of 1984. The respondent brought title suit No.3 of 1991 against the plaintiff with a view to grab the suit property and when the plaintiffs filed written statement he has withdrawn th..Category: Property Law | Date: | Hits: 21
Anti-Corruption Commissioner Vs. Fazlur Rahman and others, 2008, 37 CLC (AD)
.... so advised, may take step disposal of the Rule expeditiously. The Petition for leave to Appeal is accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 411. ...... so advised, may take step disposal of the Rule expeditiously. The Petition for leave to Appeal is accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 411. ..Category: Others | Date: | Hits: 75
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......aint is barred under section 14(A) of the (Emergency) Requisition of Property Act, 1948 for which Civil Court has no jurisdiction to entertain the suit but the High Court Division on mistaken view of the law summarily rejected the revisional application occasioning failure of justice and as..Category: Property Law | Date: | Hits: 31
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ...... and as such there has been a miscarriage of justice. 7. We are not impressed by the submissions of Mr. Kazi Shahadat Hossain. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a c..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......e. 8. Furthermore, it appears from the record that no ground has been taken to satisfy the conditions of Order 47 Rule 1 of the Code of Civil Procedure for giving a handle to this Court to review of its judgment and order dated 10.07.2005. The ground taken in the review application d..Category: Property Law | Date: | Hits: 25
Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ......ties to Other Class Suit No.20 of 1986 but they were not made parties to the said suit and thus the decree obtained in the said suit behind their back is not binding on the petitioners and in this view of the matter the aforesaid Execution Case No.2 of 1996 can not proceed till Other Class ..Category: Property Law | Date: | Hits: 23
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......sider this Exhibit, a piece of evidence of possession in a suit under Section 9 of the Specific Relief Act rather relied all the P.W.'s who were relatives and interest witnesses and took positive view in favour of plaintiff on the basis of evidence of D.W.2 and D.W.4 which are not corroborative ..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. .......2, Abdur Rahman has been created subsequently for the purpose of this case. 6. We have heard the learned Advocate-on-Record at length and perused the evidence on record and are of the view that the High Court Division considered the submissions of the learned Advocate for the petiti..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......erably failed to establish the said fact and, in that state of the matter, the suit having been decreed by the trial Court and the same having been affirmed by the High Court Division we are of the view no interference is called for with the judgment and decree sought to be appealed. It has been..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... 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: 12 BLC (AD) (2007) 92. ......dure, the High Court Division relying on the case of Kala Meah vs. Faiz Ahmed reported in 2 MLR (AD) 218 held that the present suit is hit by the principle of res judicata. 6. We are of the view that the High Court Division, on proper consideration of the materials on record and app..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ...... Court Division appears to have considered the facts and circumstances and the provision of law elaborately and thus have given the direction. 13. We have perused the judgment and order. In view of what has been stated it appears to us that the High Court Division committed no error in th..Category: Property Law | Date: | Hits: 27
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....d of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 82. ......irunnessa is necessary for adjudication of the suit and that no reason has been assigned by the trial Court in allowing the application of Khairunnessa. The High Court Division was also of the view that in the petition for being added as a party Khairunnessa did not disclose how she acquire..Category: Property Law | Date: | Hits: 33
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......scrutinising Exhibits 2 and 4 produced before it, found that those were forged and fabricated and accordingly, held that no settlement was granted by those rent receipts. We are of the view that the High Court Division, considering the pleadings of the parties, the evidence of PW.1 ..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......tted upon the Court as well as upon the party, a Court has inherent jurisdiction to interfere in the matter in exercising its power vested in section 151 of the Code of Civil Procedure and similar view has also been expressed in the case of Mozaffar Ahmed and others vs. Moulvi Salah Ahmed and ot..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......sion in the suit as if the same was for making decision as regard title of the parties in suit properly. It may further be mentioned that the trial Court decreed the suit of the plaintiff upon the view that the plaintiff of Title Suit No. 291 of 1985 obtained decree therein on the basis of perju..Category: Property Law | Date: | Hits: 31
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......ce falls to the ground. Tilting balance of the facts and circumstances of this case is such that there is no other way but to maintain the conviction of the accused petitioner. 18. In such view of the matter, the order of conviction maintained by the High Court Division is above board. ..Category: Criminal Law | Date: | Hits: 99
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......ow before us was ever agitated before the trial Court or court of appeal below and even in the pleadings the defendant-petitioners refrained from raising the plea now raised before us. 13. In such view of the matter, the points raised before us not being raised in the courts below, cannot be ente..Category: Property Law | Date: | Hits: 28
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