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Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)

....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..

Category: Anti-Corruption Laws | Date: | Hits: 81

Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......dvocate of the petitioners do not sup­port the contention of the petitioners that a decree may be passed even if the plaintiff is found not in possession of the entire suit land and the settled law is that in a suit for declaration of title and confirmation of possession if the plaintiff fai..

Category: Property Law | Date: | Hits: 30

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......either had title nor possession in the land in suit. 4. Leave was granted to consider the following ground: "Because the learned Single Judge of the High Court Division erred in law in reversing the concurrent find­ings of the learned trial Court as well as the appellate C..

Category: Property Law | Date: | Hits: 24

Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)

.... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ...... Ali, learned Advocate-on-Record in support of the etition has   taken us through the impugned judgment and order and submits, inter alia, that the High Court Division committed error of law in not holding that the plaintiff petitioner's mother transferred the suit property by the exec..

Category: Property Law | Date: | Hits: 24

Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)

....ence was renewed for further period of 5 years being valid till 03-09-2005. The further case of the petitioner is that in the mean­time, the Government issued a Gazette Notification dated 11-04-2001 amending some sections of the aforesaid Brick Buring (Control) Act, 1989 by the Act 17 of 2001 in th......ed 11-04-2001 (Annexure-C) and impugned order dated 06-07-2003 (Annexure-E) passed by the respondent No. 6 to cancel the licence of the petition­er should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts as stated in the writ petition are that ..

Category: Environmental Law | Date: | Hits: 517

Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)

.... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..

Category: Property Law | Date: | Hits: 67

Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)

....ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......and also could not prove his claim so far the same relates to the land owned by Hemlota. 12. In that state of the matter we are of the view that the High Court Division committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dis­missed. ..

Category: Property Law | Date: | Hits: 26

Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)

....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ows that plaintiff's lack of knowledge prevented implementation of the  contract and under apprehension of non-profitability, the plaintiff filed the suit and as such the Courts below erred in law decreeing the suit. The learned Counsel lastly submitted that the Courts below have also faile..

Category: Civil Law | Date: | Hits: 103

Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)

....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......ts have paid some of the installments and as such Ext. c carries much more weight than the Ext.3 that in case Ext. c is genuine in that case plain­tiffs' claim of title is not entertainable in law and as such plaintiffs are not entitled to the relief sought in the suit. On the aforesaid find..

Category: Property Law | Date: | Hits: 18

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......alia, in para­graph No. 5 of the written objection, that the application of the petitioner Nos. 1 and 2 was misconceived inasmuch the Investment and the Guarantee Agreement were governed by the laws of England. It is stated that the respon­dent No. 2 did not make the allegation that the l..

Category: Civil Law | Date: | Hits: 96

Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)

....made above we are inclined not to inter­fere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......rs at 28/1, Nabin Chandra Goswami Road, P.S. Faridabad, Dhaka which belonged to her husband Mr. Md. Akhtar who purchased it by a registered deed dated 28.03.1956. Duricg the war of liberation the law and order situation compelled the writ peti­tioners' mother to keep the premises in questio..

Category: Property Law | Date: | Hits: 22

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......e written objection by the appell­ants and that an application under rule 4 of Order 39 of the Code, instead of filing a written objection to the prayer for temporary injunction, was contrary to the law of procedure and was also undesirable. 3. The appellants preferred a Miscellaneous Appeal aga..

Category: Property Law | Date: | Hits: 31

Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)

....ved 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) 88. ......ut he did not agree. As a result, the accused persons became infuriated. On the dated of occurrence the informant and his sister Shamima Nasrin after making election campaigning for his brother-in-law came back at night and after taking meal slept with witness Nos. 2 and 3 in their house. At abo..

Category: Criminal Law | Date: | Hits: 54

Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ed 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) 58. ...... Minister for regularizing their appoint­ments on humanitarian ground and the Prime Minister's office sent the matter to the Secretary, Jatiyo Sangshad Sachibalay to consider the matter as per law. 5. The respondent No.1 contested the Rule by filing affidavit-in-opposition and denied ..

Category: Employment/Service Law | Date: | Hits: 70

Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)

....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ...... terms of the provision of section 96(13) of the said Act 1950 being an appellable order, the proceeding under Order 9 Rule CPC is not at all maintain­able and the High Court Division erred in law in observing that order 9 Rule 9 CPC is applicable in such proceeding. 4.  As it a..

Category: Property Law | Date: | Hits: 26

Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)

....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......hy;nect villages through the khas land and during the pendency of the suit there was no construction of new road and so the decision as arrived at by the High Court Division cannot be sustained in law. 4. As it appears the trial Court decreed the suit on the findings that-   &..

Category: Property Law | Date: | Hits: 37

Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)

.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......ntiff failed to prove his exclusive pos­session is based on misreading of the evi­dence as well as non-consideration of the material evidence, that the appellate Court upon misconception of law held that the suit is not maintainable. 7.  As against the aforesaid contention of..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh & others Vs. Jahangir Alam & oth­ers, 2007, 36 CLC (AD)

....appellants, namely the Government of Bangladesh in the Ministry of Planning and in the Ministry of Agriculture and three Government functionaries, to show cause as to why their decisions/actions in amending the Project Pro-forma of the Project called Strengthening Plant Protection Services Projec......Petition No. 8254 of 2002 and Annexures-R, S and T as well as the letters dated 8.1.2003 vide Annexures-U and U-l in Writ Petition No. 4344 of 2003 should not be declared to have been made without lawful authority and to be of no legal effect. 3. The Department of Agricultural  Extens..

Category: Constitutional Law | Date: | Hits: 146

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......ed the suit that the plaintiff has failed to establish that the deed of gift was collusive and fraudulent. 7. Leave was granted to consider the sub­mission that the settled principle of law is that the concurrent findings of fact arriv­ing at by the courts below, however erro­..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ...... by majority judgment and order dated 09.12.1991. 3. Leave to appeal from the said judgment was granted on 30 April, 1992 to consider whether in the majority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detenti..

Category: Procedural Law | Date: | Hits: 107