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Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ......efendants have neither proved by oral evidence nor by filing 'Istafanama' and 'Hukumnama' to establish their case of surrender by Jairuddin but held that non-production of those documents and that absence of oral evidence do not go to show that the Exts. B and B (8) are not genuine and that the ......hom Jairuddin was the korfa tenant. On the aforesaid findings the appellate court set aside the judgment of the trial Court. 7. The plaintiff then moved the High Court Division in revisional jurisdiction and obtained Rule in civil revision number as mentioned hereinbefore. 8. T..Category: Property Law | Date: | Hits: 28
Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)
.... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ......inbefore the High Court Division made the Rule absolute on the finding that plaintiff failed to establish that the heba was not acted upon. The Rule obtained by the defendant was disposed of in the absence of the plaintiff opposite party. Thereupon the opposite party filed an application for re-...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ..Category: Civil Law | Date: | Hits: 102
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......hy;gality or irregularity in the record of rights; the suit land was described in the kabuliyat as cultivable land and the kabuliyat was granted for the purpose of cultivation and hence in the absence of any local verification to show that the nature of the suit land changed subsequently it ......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......ame of the plaintiff as "Zakir Hossain" in the plaint made no difference and further the Sale Deed No. 5666 was executed on 13.12.1956 and the suit was instituted in the year 1982 and the absence of any finding about the oldness of the above Sale Deed No. 5666 has also adversely af...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..Category: Civil Law | Date: | Hits: 83
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......efendant No.1 denying the material averments made in the plaint and contending that the suit as framed is not maintainable and the same is bad for defect of party and that in the absence of seeking declaration of title and recovery of possession the suit is not maintainable. Th...... leaving out the names of the heirs of Jebal Hossain and Hakim Jan Bibi. As against the judgment of the appellate Court the heirs of the defendant No. 1 moved the High Court Division in revisional jurisdiction and obtained Rule. 8. The High Court Division made upon modification, the Rule ..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived 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) 649. ......rrived 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) 649. ......ions imposed by a regulatory body constituted under the law and so in an application for condonation of delay in holding Annual General Meeting under the above sections the High Court Division has jurisdiction to either condone or not condone delay and any consequential order necessari..Category: Business or Commercial Law | Date: | Hits: 78
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......tion of the documents. 14. Mr. Ahmed then argued that there was no proof of attornment of the defendants either in favour of Baidyanath or the plaintiffs. Attornment is absolutely necessary in absence of a transfer by lessor. There being no transfer by Dhiren and Biren in favour of Baidyanath......termine what proportion of the premium of rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased." 15. This Secti..Category: Property Law | Date: | Hits: 34
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ......se would have been exercised by the High Court Division, had the order of conviction and sentence passed absolutely without any legal evidence, but the order of acquittal has been passed because of absence of legal evidence as to the allegation. The High Court Division was also of the view that t......e against an order of acquittal passed by the appellate Court is neither maintainable in the present form nor the impugned judgment of acquittal calls for interference under the extraordinary jurisdiction on the ground canvassed before us". The High Court Division further observed that..Category: Criminal Law | Date: | Hits: 36
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......nge Ordinance, 1969. The learned Counsel submitted that there being no complaint/representation from the holders of at least five percent of equity securities of the company, the Commission had no jurisdiction to cause or order an enquiry to be made by any person into the affairs of any issuer o..Category: Criminal Law | Date: | Hits: 36
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
.... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ......l the Court ought not have believed the mere statement without any proof in the circumstances and as such the High Court Division committed wrong in allowing the application for substitution in the absence of sufficient explanation for condonation of delay. 5. Order XXII Rule 9(2) of the C...... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ..Category: Procedural Law | Date: | Hits: 75
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....um of appeal simpliciter does not lead to hold that the appeal was entertainable legally. 34. It is argued on behalf of the respondents that Section 7 of the Ain of 1990 was harsh as it spelt out total prohibition for acceptance of appeal in the absence of deposit. But the Ain of 2003 has done a...... required to file the said appeal within 30 days and deposit 50% of the decretal amount and submit with the memorandum of appeal the proof of such deposit and it has further been provided that in the absence of submitting such proof with memorandum of appeal no appeal filed under sub-section (1) of ......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ...... settlement of the non-agricultural Government khas land lies with the Reform Board not with the Land Appeal Board and rightly held that the Land Appeal Board acted as quorum non judice having no jurisdiction and rightly set aside the judgment and order passed by the Land Appeal Board. W..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......ey was never produced in Court, A copy of said power of attorney was however, produced by the Ministry but no evidence was adduced to prove execution of said power of attorney by Nasim Razzak. In the absence of any proof of the power of attorney, the transfer by Habibullah to Rabiul Awal does not co......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...Category: Tenancy Law | Date: | Hits: 180
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......thereupon the learned Subordinate Judge made a direction to the defendants to supply the particular of the heirs of defendant No.3 and thereupon the petitioner moved the High Court Division in writ jurisdiction challenging legality of the direction for furnishing particulars of the heirs of the ..Category: Civil Law | Date: | Hits: 105
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ...... averments of the defendant in the written statement and also the depositions of both P.Ws. and D.Ws. show that the defendant purchased suit land from some heirs of the C.S. tenants but in view of absence of their specific possession of the suit land and clear admission of the defendant that the......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ..Category: Property Law | Date: | Hits: 23
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....d told that if the complainant paid him taka two lacs he would send the complainant to America within four months and would arrange a job there for him. The complainant agreed and gave the accused total TK. 1,65,000.00 on different dates. It was agreed upon that the remaining taka would be paid ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..Category: Criminal Law | Date: | Hits: 42
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ......est' by the Government. Only the Government is competent to retire a Public Servant under Section 9(2) but the impugned order was passed by the Inspector General of Police (Acting) which is without jurisdiction and as such it is illegal and void ab initio. 3. The said petitioner also ment..Category: Administrative Law | Date: | Hits: 120
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
....s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ......s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ......fail. 4. The trial court allowed the pre-emption case. On appeal in Miscellaneous Appeal No.8 of 2004 the same was dismissed. The pre-emptee then moved the High Court Division in revisional jurisdiction and obtained the Rule, which after hearing was made absolute. 5. We have heard M..Category: Property Law | Date: | Hits: 29
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....ccused has been languishing in custody about a year before the trial had commenced. Under the provision of law the accused is entitled to get the benefit of the said period to be deducted from the total period of conviction. The said submission has substance and accordingly, the actual period sp......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..Category: Criminal Law | Date: | Hits: 40
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