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Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ......(2008) 749. ......ppeal. The defendant then filed Civil Revision No. 3538 of 1993 and after hearing High Court Division discharged the Rule. 3. Leave was granted to consider as to whether in view of the evidence of the plaintiff, RW.2, that he has got a hotel named "Niribili" and since the h..Category: Property Law | Date: | Hits: 29
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....e Appellate Tribunal in A.A.T.Appeal No.71 of 1998 allowing the appeal reversing those dated 20.07.1998 of the Administrative Tribunal, Dhaka allowing A.T. Case no. 96 of 1995. 2. The short facts are that while the petitioner was serving as a Sub Inspector of Police at Chhagolnaya Po......sent: Mohammad Fazlul Karim J Md. Joynul Abedin Md. Hassan Ameen J Shaymol Mitra Borua.............Petition Vs. Bangladesh Government and others.......Respondents Judgment February 10, 2008. Lawyers Involved: ......rred by limitation and amendment of the petition before A.T is barred by limitation which are not correct and thus committed illegality in the decision; that Appellate Tribunal reassessed the evidence in question while disposing of the Appeal and went beyond the grounds of appeal and c..Category: Administrative Law | Date: | Hits: 89
Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)
....nd as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......For the Appellant. Golaitt Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 30 of 2002. (From the judgment and order dated 07.08.2001 passes by the High Court Division in criminal Appeal No. 1834 of 1999.)......itnesses and the accused persons were also examined under section 342 of the Code of Criminal Procedure and they pleaded not guilty. 6. The trial court on consideration of the circumstantial evidence and. the confessional statement of the convict appellant convicted him under section ..Category: Criminal Law | Date: | Hits: 47
Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)
....gally kept, in the locker of the bank, the bank cannot be held responsible. 5. Moreover the liability if any of the bank in respect of such loss of money is of civil nature. 6. In the facts and circumstances of the case and in view of the discussions made above, we are of the view t......Basel Majumder, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 487 of 2006. (From the judgment and order dated 27.07.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 56......t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ..Category: Criminal Law | Date: | Hits: 49
Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)
....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......r. Abdur Rouf, Deputy Attorney General - For the Respondent. Jail Petition No. 6 of 2004 With Criminal Miscellaneous Petition No. 57 of 2004. (From the judgment and order dated 11.8.2003 passed by the High Court Division in Death Reference N6.41 of 2000.) ......ha who pleaded not guilty thereto and claimed trial in accordance with law. The prosecution in order to prove the charge examined 9 witnesses and tendered three. After the close of the prosecution evidence, the accused were examined under section 342 of the Code of Criminal Procedure when they a..Category: Criminal Law | Date: | Hits: 51
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
....ence failed bring out any inconsistency thereof nor there is anything to show that the condemned-prisoner was not at home in the night of occurrence. 12. Considering all these facts and circumstances of the case, we one of the view that the learned Judges of the High C...... Zahirul Hoque Zahir, Deputy Attorney General-For the Respondent. Jail Petition 16 of 2004 With Criminal Miscellaneous Petition No. 87 of 2004 (From the judgment and order dated 04-04-2004 passed by the High Court Division in Death Reference No. 12 of 2001 with...... a result of the above mentioned injuries which were antemortem and homicidal in nature." 10. We have heard Mr. A. B. M. Bayezid, the learned Advocate for the petitioner and perused the evidence and other materials available in record. The critical analysis of the evidence on record,..Category: Criminal Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)
.... that state 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) 695. ......nt of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Bangladesh Secretariat, Ramna, Dhaka ...........Petitioner Vs. Moslema Khatun and others. ...........Respondents Judgment November 29, 2006 Lawyers Invol......jecting the petition for leave to appeal filed against the judgment of the High Court Division noticed that the High Court Division made the Rule absolute on the finding that no tangible evidence was brought before the Court in justification of listing the property in the list of aband..Category: Property Law | Date: | Hits: 24
Md. Nazim Uddin Vs. Managing Director and others, 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: V ADC (2008) 690. ....... ......কারী প্রার্থিত প্রতিকার পেতে হকদার হয়”। 9. We are of the view of that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The learned counsel also could not p..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
.... 5. As it appears the High Court Division discharged the Rule holding that in revisional jurisdiction the High Court Division can not interfere with the findings of fact of the final court of facts except in exceptional circumstances i.e. when the findings are shockingly perverse or are vit......nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 572 of 2005. (From the judgment and order dated 30th March, 2005 passed by the High Court Division in Civil Revision No. 389......ings of fact of the final court of facts except in exceptional circumstances i.e. when the findings are shockingly perverse or are vitiated by non-consideration and misreading of the material evidence or misconstruction of any important document affecting the merit of the suit and furt..Category: Property Law | Date: | Hits: 25
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....for leave to appeal is directed against the judgment and order dated 26.07.2005 passed by a Single Bench of the High Court Division in Civil Revision No.4786 of 1999 discharging the Rule. 2. Short facts are that the petitioner as plaintiff instituted Title Suit No. 22 of 1998 in the 4th Court of ......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
.... party that in the background of the relief sought in the suit and when the examination of the witness from the side of the plaintiffs has already been commenced as well as in the background of the facts and circumstances of the case the Court of District Judge as well as the trial Court were no......n Md.Tafazzul Islam J Sheikh Abdul Mazed ………………………………Petitioner Vs. Md. Shomrej Ali Mandal and others………Respondents Judgment July 9, 2006. ......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ..Category: Procedural Law | Date: | Hits: 58
Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary Vs. Bangladesh, 2007, 36 CLC (AD)
....e to appeal is directed against the judgment and order dated 05.05.2004 passed by a Division Bench of the High Court Division in Writ Petition No. 3787 of 2003 discharging the Rule. 2. Short facts are that the writ petitioner was appointed as Nikah Registrar on temporary basis for No.......en J Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary...................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretary, Dhaka & others ........Respondents Ju......nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 678. ..Category: Civil Law | Date: | Hits: 87
Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
.... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ......n: V ADC (2008) 676. ......he judgment and decree of the trial Court. The High Court Division on consideration of the materials on record arrived at the finding "It appears that the appellate Court did not consider the evidence of all the P.Ws. and D.Ws." and that the appellate Court misread the evidence of P.W...Category: Property Law | Date: | Hits: 21
Sayed Ahmed Majumder Vs. Samsul Hoque 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) 673. ......Appellate Division (Civil) Present: Md. Ruhul Amin J Md.Tafazzul Islam Sayed Ahmed Majumder..........................Petitioner Vs. Samsul Hoque and others........................Respondents Judgment July 10, 2006. Lawyer......ivision, after hearing, discharged the Rule. 4. The learned counsel appearing for the defendant No.1 petitioner submit that the trial court on consideration of the oral and documentary evidence arrived at the finding that exhibit 'Kha" shows that the landlord obtained ..Category: Property Law | Date: | Hits: 20
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....eave to appeal is directed against the judgment and order dated 30.07.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 16 of 2002 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No.33 of 1998 in the Court of Senior Assistant Judge...... instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 16 of 2002.) ......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ..Category: Property Law | Date: | Hits: 26
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
....y 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) 667. ...... Present: Md. Ruhul Amin J M.M.Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner and others .......................Petitioners Vs. Manindra Kumar Paul and others .........casion arises for hearing this civil revisional application along with Civil Revision No. 2648 of 1997. 6. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned counsel could not p..Category: Procedural Law | Date: | Hits: 68
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......er. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-22. Civil Petition for Leave to Appeal No. 356 of 2006. (From the judgment and order dated 16.08.2005 passed by the High Court Division in Civil Revision No. 3175 of 2002.) ......sion on consideration of the materials on record held that the appellate Court committed an error in law in holding that the Wasiyatnama in question is a heba deed without properly considering the evidence on record. The High Court Division further held that admittedly the plaintiff is the broth..Category: Property Law | Date: | Hits: 23
Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
....tioners factory has been disconnected. 5. The High Court Division disposed of the application upon observing "It appears that this application of the petitioner involved disputed facts which should be resolved between the parties themselves. So we direct both the parties to for...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Hassan Ameen J Brick Linker's Limited and another …………………Petitioners Vs. T......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ..Category: Others | Date: | Hits: 92
Mst. Renu Khatun and another Vs. Md. Enayet Hossain Mondal and others, 2006, 35 CLC (AD)
....he said period of limitation by filing an application under Section 5 of the Limitation Act and thereupon the aforementioned Rule was issued. The High Court Division on detailed discussions of the facts stated in support of the prayer for condonation of delay held that delay of the said long per......in: V ADC (2008) 651. ......ment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 651. ..Category: Civil Law | Date: | Hits: 89
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....o appeal is directed against the judgment and order dated 15.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 1364 of 2002 making the Rule absolute. 2. Short facts are that the pre-emptor instituted Miscellaneous Case No. 13 of 1995 under section 96 of...... by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-54. Civil Petition for Leave to Appeal No. 873 of 2005. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Civil Revision No.1364 of 2002.) ......rrect 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) 649. ..Category: Property Law | Date: | Hits: 26
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