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Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ...... the Courts below to be void abinition and thus once the Courts declare the document to be void, the plaintiff is entitled to get a consequential relief of recovery of possession. 9. In view of the above, we find no substance in the submissions of the learned Advocate for the pet..Category: Property Law | Date: | Hits: 24
Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)
.... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007)1009. ......espondent. Judgment November 28, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Review Petition No. 4 of 2006 (From the judgment and order dated 11.12.2005 passed by the Appe..Category: Criminal Law | Date: | Hits: 32
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......rt Division. 4. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submits that the learned Judge of the High Court Division most illegally dismissed the suit on an erratic view of the fact and law involved in the case stating that the plaintiff-petitioner was a year-to-..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....a prayer for review is based on the grounds mention above the Court will not sit on the matter again for a re-hearing or further hearing which is already concluded by decision even if that be erroneous". 21. It may be mentioned in the instant case review was sought said to be on......e aforesaid miscellaneous case was registered upon an application filed under Order 47 Rule 1 of the Code of Civil Procedure by the respondent herein in Title Appeal No. 166 of 1973 seeking review of the judgment and decree dated 31.12.79 affirming the judgment and decree dated August 22, 1..Category: Property Law | Date: | Hits: 34
Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)
....judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ......hereafter his whereabouts being untraced and later the dead body of the victim being found the irresistible hypothesis is nothing but guilt of the convict petitioner Abdul Gafur. 14. In this view of the matter the trial court appears to have convicted the petitioner rightly. 15. It ..Category: Criminal Law | Date: | Hits: 39
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......ield against the said report of the pleader Comissioner the preliminary decree was made final on 6.6.1975. The trouble begins from here. The respondents on 14.8.1975 submitted an application for review of the final decree dated 6.6.1975 under Order 47, rule 1 read with section 151 of the Civil P..Category: Property Law | Date: | Hits: 23
G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)
.... of the aforesaid criminal case. 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) 268. ......ereafter, they went to the office of the Deputy Commissioner, Jessore and also found no tender schedule there. The accused respondent and the other two accused in collusion with each other and with a view to deprive the government from huge amount of revenue did not send the tender schedule to the o..Category: Anti-Corruption Laws | Date: | Hits: 81
Md. Rezaul Karim Vs. State, 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) 266. ......rned Advocate and perused the materials on record. We are not impressed by the submissions of Mr. Monsurul Haque Chowdhury. 6. 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 appreciat..Category: Criminal Law | Date: | Hits: 38
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......e evidence that the condemned-prisoner was seen with the deceased immediately before the incident. 10. On perusal of the impugned judgment of the High Court Division, we are of the view that there is no such infirmity in the judgment, calling for interference. The present petitio..Category: Criminal Law | Date: | Hits: 44
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ......r to be just and sustainable in law and the learned Advocate for the petitioner failed to show any illegality in the matter of acceptance of the evidence on record by the Courts below. 7. In view of such facts and circumstances of the case, we find no merit in this petition and accord..Category: Criminal Law | Date: | Hits: 45
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ...... acted beyond their duty and their action had ultimately taken away the life of child in the womb of the informant opposite-party No.2 is still to be tried after examination of the witnesses and in view of the facts and circumstances of the case, we are of the opinion that entertainment of the p..Category: Criminal Law | Date: | Hits: 42
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....osal of the rule. 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) 255. ......t Judge, 2nd Court and this led the plaintiff-petitioner to file the civil petition for leave to appeal. 6. Mr. Khondker Mahbubuddin Ahmad, learned Counsel for the petitioner submits that in view of the provisions of Order 17, Rule 4 of the Code of Civil Procedure (Act 40 of 2003) and in v..Category: Property Law | Date: | Hits: 43
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....orrect 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) 252. ...... We have perused the impugned judgment and other connected papers. We are not impressed by the submissions of Mr. Abdul Quayum. 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: 20
Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ......t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ..Category: Property Law | Date: | Hits: 25
Sanat Kumar Dhar and others Vs. Aminul Haque and others, 2006, 35 CLC (AD)
....fresh. Since the grounds taken in the review petition in no way are the grounds of review of a judgment, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 248. ......ved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. S.M. Zillul Huq. Senior Advocate, instructed by Nawab Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No.23 of 2006. From the Judgment and Order dated July 20, 2005 passed by the A..Category: Property Law | Date: | Hits: 24
Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
.... is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ......and there is no misreading and non-consideration of the materials on record by the court of appeal below. Accordingly, the High Court Division discharged the Rule. 7. In our view, the High Court Division upon correct assessment of the materials on record arrived at a corre..Category: Property Law | Date: | Hits: 32
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
.... 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: V ADC (2008) 239. ...... failed to prove his possession of the suit land prior to forcible dispossession by the defendants on 15.10.1998. Accordingly the High Court Division made the Rule absolute. 5. We are of the view that the High Court Division on consideration of the evidence and the materials on record arr..Category: Property Law | Date: | Hits: 44
Md. Abdul Muttalib Vs. Md. Abdul Wahab, 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) 237. ......r at the time of execution of the deed in question and the position of law is that execution of any document by a minor is not a valid document in the eye of law. 7. 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: 26
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ...... issue a Rule to examine the impugned order challenged before it and it is too early in the day to make any comment on the submissions which have made touching merit of the Rule. 9. In view of the matter, we do not find any cogent reason to interfere with the order issuing the Rule a..Category: Property Law | Date: | Hits: 35
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ......patta, kabala deed dated 03.06.1972 and unregistered bainanama dated 10.04.1969 being the basis of his alleged possession and title in the suit land and thus failed to prove the same. 10. In view of the above, we find no substance in the submissions of the learned Advocate for the pet..Category: Property Law | Date: | Hits: 29
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