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Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ...... could be passed in the absence of any local investigation; the suit as framed is not maintainable as neither exhibit-1 nor exhibit-23 have been proved by sufficient evidence. 7. We are of the view that the High Court Division on proper consideration of the evidence and the materials on recor..Category: Property Law | Date: | Hits: 39
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. ......The High Court Division further found that in the documents submitted, there was no road on the disputed land and the suit land is covered by paddy. 14. Accordingly we are of the view that the High Court Division on proper consideration of the materials on record arrived a..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....ord failed to point out that the consideration of evidence made by the High Court Division in the background of non-consideration and misreading of the evidence by the appellate Court was erroneous in any respect and the said Division was in error in arriving at the finding as to title ...... 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. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......was conceived and prepared. The Project Proforma contemplated that the officers and employees appointed in Phase-I of the Project will be absorbed in Phase-II of the Project keeping in view of the satisfactory result achieved in Phase-I of the Project in order to utilize the ex-parti..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....that the observation of the appellate Court that trial Court also was of the view that the statement of P.W.2 that signature in the deed of gift is of Mohendra Kumar Nath was an apparent mistake is erroneous in that the trial court in no part of its judgment has held that the statement of the P.......ake and that said statement of P.W.2 is an apparent mistake has also been found by the trial Court. It may be mentioned that the observation of the appellate Court that trial Court also was of the view that the statement of P.W.2 that signature in the deed of gift is of Mohendra Kumar Nath was a..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
.... 36. In the case of Secretary, Ministry of Finance and others Vs. Md. Masdar Hossain reported in 7 BLC (AD) 92 it has further been held:- "A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected. A review lies where an error apparent on the face of th......e instance of Bangladesh represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and Senior Assistant Secretary of the said Ministry this appeal by leave arises seeking review of the judgment and order 01 March 1998 passed in Civil Appeal No.20 of 1992 allowing the said ..Category: Procedural Law | Date: | Hits: 107
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......that it is very much difficult for the prosecution to prove the entrustment of money in question with the petitioner and for which it is very hard to succeed in the original case. 6. In view of the above, the submissions of the learned Deputy Attorney General for the petitioner merit ..Category: Criminal Law | Date: | Hits: 62
Nantu Vs. State, 2007, 36 CLC (AD)
....the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ..Category: Criminal Law | Date: | Hits: 37
Malek Gharami Vs. State, 2007, 36 CLC (AD)
.... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ...... deceased and thereupon the informant went there and found the dead body of his daughter in the 'Khal, that the informant noticed injuries in different parts of the body of his daughter and of the view that his daughter had been killed, that informant went to his son-in-law Malek Gharami's ..Category: Criminal Law | Date: | Hits: 38
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....d the appeal. 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) 169. ......d the appeal. 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) 169. ..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......rturing the victim and assaulted her physically and on the night of occurrence, as planned, all the accuseds assaulted the victim and killed her and on the following morning, with a view to screening them from legal punishment, gave out that the victim was killed by thieves at the..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....al. 12. The High Court Division upon elaborate discussion of the evidence on record arrived at a conclusion that the trial Court failed to sift the evidence on record and arrived at an erroneous conclusion and thereupon rejected the death reference in question and allowed the crimina...... that prosecution tried to bank upon the alleged dying declaration of the deceased together with evidence of alleged eyewitness to the occurrence. As regards, dying declaration, we are of the view that the same (dying declaration) is oral and the prosecution tried to prove same by some priv..Category: Criminal Law | Date: | Hits: 44
Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)
....n. There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 147. ......heard Mr. Nawab Ali and considered all the points raised and involved in the matter and we are not impressed by the submissions. 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: Civil Law | Date: | Hits: 88
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
.... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ....... So, the deed of the respondent is sham and colourable and the evidence of D.W.1 remained uncorroborated and his document Exhibit-'A' and 'A(1)' has not been proved according to law and that view of evidence on record the appeal is liable to be allowed as a whole by modifying the leave gra..Category: Property Law | Date: | Hits: 24
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ......ubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner (In all cases). Not represented- Respondent (In all cases). Civil Review Petition Nos. 11-13 of 2006. (From the judgment and order dated 11.01.2004 passed by th..Category: Alternative Dispute Resolution | Date: | Hits: 207
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ..Category: Property Law | Date: | Hits: 23
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
.... order of the Subordinate Judge may have been an improper one not having given any reason but before interfering with the same, this Court is required to examine whether the same has resulted in an erroneous decision occasioning failure of justice. The judgment passed by the lower appellate Court......ed no title with regard to 3.062/3 acres i.e. 2/3 share in 'Ka' schedule land. 9. Mr. Syed Mahbubur Rahman, learned Advocate, appearing for respondent Nos.1, 3, 4-8 and 11-13 submits that in view of the joint possession of the plaintiff-respondent in the suit having right, title and ..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......on on condition that if any portion of the constructed area falls in the saham of another co-sharer in possession thereof shall be given to the plaintiff by demolishing the constructions. The view taken in that decision is squarely applicable in the present case. From the facts and circumst..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......nd, change and relax the rules lies at the discretion of the Government by issuing C.P. inasmuch as no discriminatory treatment amongst the class has been done while exercising the direction. In that view of the matter, the order of the High Court Division is contrary to the provision of law and a..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ...... proper manner, we are inclined to hold that the seniority of the writ petitioner would be counted from the date of his joining. 13. Therefore, in the facts and circumstances, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a co..Category: Employment/Service Law | Date: | Hits: 86
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