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Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the 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) 25. ......s on 5-6-1995 and the consequent ignorance of the petitioner of the fact that the Rule was heard on 21-5-2003 in the absence of their sole engaged lawyer who since died were enough to prove that in view of the death of their sole engaged lawyer the Rule, which came up in the cause list for heari..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......f 1972 being clear and free from ambiguity, as such, upon resorting to the preamble of P.O. 12 of 1972 the High Court Division was in error in holding that the suit was barred by limitation on the view since plaintiffs' suit was not of the kind which became barred between 1st of March, 1971 and ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......sive possession of the land in suit and, as such, they were required to ask for consequential relief and having had not done so the suit was barred by section 42 of the Specific Relief Act, that in view of the evidence on record the courts below were required to hold that the defendants are in pos..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
.... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ......to payment of day to day casts to the witnesses is illegal, unreasonable and untenable in the eye of law inasmuch as the impugned direction for payment of cost does not come under the purview of Section 526 of the Code of criminal Procedure inasmuch as the High Court Division while iss..Category: Criminal Law | Date: | Hits: 31
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
....ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ......ce the same does not suffer from error or infirmity calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 342. ..Category: Tenancy Law | Date: | Hits: 165
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....shy;stead and planted trees and lived therein for more than 12 years from the date of their purchase and meanwhile the valuation of the case land increased manifold and the High Court Division erroneously held that there is no misreading or non consideration of evidence although it was speci......e evidence on record, concurrently found that the preemption application was filed within four months from the date of knowledge of the pre-emptor respondent No.1. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Property Law | Date: | Hits: 22
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
....n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ...... Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by the AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Review Petition No. 69 of 2006. (From the judgment and order dated 2nd April, 2006 passed by t..Category: Property Law | Date: | Hits: 27
....erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
......ther held that when there is specific provision in the C.P. Code for relief no discretion under section 151 of the Code of Civil Procedure can be exercised.
5. In the circumstances, we are of the view that the High Court division upon correct assessment of the materials on record arrived at a co..
Category: Limitation Law | Date: | Hits: 165
Md. Abdul Bari Vs. Md. Abdul Aziz & others, 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) 332. ...... concluded that the plaintiffs have miserably failed to prove their settlement and possession rather P.W.3 admitted the possession of defendants in the suit land. 8. Therefore, we are of the view that the High Court Division upon correct assessment of the materials on record arrived ..Category: Property Law | Date: | Hits: 23
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ......in the terms and conditions of their appointments and as such Form No.8 of the appointment letter, as evidenced by Annexure-A 1 to the petition, has no legal bearing and the same lost its force in view of the provisions of section 14A of the said Ordinance and section 14A shall prevail over..Category: Employment/Service Law | Date: | Hits: 90
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
.... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ..Category: Property Law | Date: | Hits: 25
Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)
....f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ......findings and decisions of the High Court Division and the Courts below do not suffer from mis-reading or non-consideration of evidence or that mis-construction of document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed...Category: Property Law | Date: | Hits: 21
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ......04.04.1995; the respondent No.1 subsequently sold the case land on 4.4.95 collusively to defeat the right of the petitioner and further the High Court Division erred in law in holding that in view of the provision of clause (a) of sub-section 11 of section 24 of the Non-Agriculture Tenancy ..Category: Property Law | Date: | Hits: 30
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ..Category: Property Law | Date: | Hits: 20
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....ct 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) 304. ......the impugned judgment and the connected materials on record. We are not impressed by the submissions of Mr. Abdul Wadud Bhuiyan. 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 and appreciati..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
.... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ......he courts below further found that the defendant No.5 petitioner failed to produce any evidence in support of their claim that the suit pathway was acquired of B.A.D.C. 6. We are of the view that the High Court Division on proper consideration of the materials on record dismissed the ..Category: Property Law | Date: | Hits: 19
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..Category: Property Law | Date: | Hits: 25
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......t represented- the Respondent. Civil Petition for Leave to Appeal No. 1284 of 2004. (From the Judgment and Order dated January 17, 2004 passed by the High Court Division in a civil review petition arising out of Civil Revision No. 8766 of 1991). Judgment &..Category: Property Law | Date: | Hits: 23
Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......s not permitted to move the High Court Division under writ jurisdiction over a matter as regard to which he has already filed the suit in the civil Court and the same is pending. 8. In that view of the matter we are of the view the High Court Division has committed no error in reject..Category: Property Law | Date: | Hits: 29
S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
....out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......volved: S.M. Zillul Hoque, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Review Petition No. 09 of 2005. (From the judgment and order dated 7th July 2004 passed by th..Category: Employment/Service Law | Date: | Hits: 61
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