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Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......isdiction and obtained Rule. 14. The petitioners of the revisional application contending before the High Court Division that the lower appellate Court on erroneous assessment of facts and erroneous view of the law set aside the judgment and decree of the trial ..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......absolute and thus decreeing the suit by setting aside the judgment and decree passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant J..Category: Property Law | Date: | Hits: 42
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......o the accused respondent Nurul Amin preparing a challan. 19. PW 6 Sheikh Shamsul Huq was Assistant Post Master at Narail Post Office during the time of occurrence who deposed that the challan in question has been penned through altering the figure '6' to '5' and the figures '5/2' was altered to......ondent in order to perpetuate the offence suppressed the fact of shortage of one parcel in the daily report sent by him to the authority and that the High Court Division without considering the above facts and circumstances passed the impugned judgment of acquittal. 12. Placing the impugned judgm..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ...... Rule absolute holding that in terms of the principle laid down in 1997 BLD(AD) 118, once a building is included in either list of abandoned buildings it is conclusive evidence that the building in question is an abandoned property which means that the original owner was either not present in Ba...... abandoned property the onus lies upon the claimant to rebut the presumption that the same was not an abandoned property and that in such a case the government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned proper..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......een dismissed by the High Court Division on that ground alone. In this view, Gul Hassan being a fugitive from law and a contemner was not entitled to hearing and leave granted to him on limited questions of law was liable to be rescinded. As to the proceedings under section 374, Cr.P.C., we e......peals reached by my brother Md. Joynul Abedin, J. But my approach to the point of law involved in the appeals is somewhat different from that of my brother Md. Joynul Abedin J. In the totality of the facts of the case I am of the view the writ petitioner was neither in abscondence nor a fugitive whi..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......t that dispute ought to nave raised at the time of publication of the voters' list that dispute to have raised at the time of publication of the voters' list. But the respondent No.1 never raised any question/objection as to the voters' list before publication of the election result. The respondent ......ounting of ballot papers. The respondent No.1 of the election petition seriously contested the plea of recounting of ballot papers 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by judgment and order dated 24.07.2005 allowed the prayer for re..Category: Election Law | Date: | Hits: 159
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....ect 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) 882. ......ect 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) 882. ......ave to appeal is directed against the judgment and order dated 11.05.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 366 of 1999 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 39 of 1996 in the Court of Assistant J..Category: Property Law | Date: | Hits: 24
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ....... 2 is not an action itself and the petitioner passed the order of his transfer within its jurisdiction. Mr. Sobhan argued that the learned Judges of the High Court Division having misconceived the facts and circumstances of the case passed the impugned judgment illegally which resulted in an erro..Category: Employment/Service Law | Date: | Hits: 87
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......been proved. As it appears in view of the above the High Court Division discharged the Rule holding that in revisional jurisdiction the Court is not competent to interfere with the finding of facts arrived at by the lower appellate court, the final court of facts, and so in view of the abov..Category: Property Law | Date: | Hits: 23
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity 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) 858. ......on No. 5026 of 1996, 1002 of 1997, and 178 of 1997 the other Benches of the High Court Division already held that the Government has ample power to transfer the line from P.D.B to the Board and the question as to whether or not lines have been transferred for municipal areas to other places being......nt has ample power to transfer the line from P.D.B to the Board and the question as to whether or not lines have been transferred for municipal areas to other places being the disputed question of facts cannot be decided in writ jurisdiction and that in the case of Faizuddin Ahmed vs. the Secret..Category: Civil Law | Date: | Hits: 119
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......s Appeal No. 77 of 1998 and restoring the judgment and decree dated 29.03.1998 passed by the learned Senior Assistant Judge, Mithapukur, Rangpur in Other Class Appeal No. 20 of 1989. 2. The facts, in short, are that Badia Sheikh is the original owner of the schedule land measuring 2.27 de..Category: Property Law | Date: | Hits: 28
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......ase was barred by limitation. The Advocate-on-record failed to point out any mis-reading or non-consideration of evidence by the lower appellate Court was committed in arriving at the finding as to question of limitation. The High Court Division on Consideration of the materials on record concur...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ..Category: Property Law | Date: | Hits: 19
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......ansion and modernization of telecommunication technology in the Country, loss of possession of any part of such land will cause irreparable injury and loss to the Board, that title to the lands in question i.e. 31.46 acres having vested with the Government upon publication of the Notification un......the Dhaka Gazette at page 126 from our Library and in that state of the matter there is no reason to say that the fact of acquisition was not conclusively established. The contention that the facts i.e. records of right in respect of the land claimed by the writ-petitioners stand in their n..Category: Property Law | Date: | Hits: 56
Mongal Sarder Vs. Md. Azahar Ali , 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) 822. ......d in suit. The learned Counsel for the petitioners could not point out any misreading or non-consideration of the evidence by the last Court of fact in arriving at the finding on the question of possession of the plaintiffs. The High Court Division on consideration of the mate......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) 822. ..Category: Property Law | Date: | Hits: 25
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......by Artha Rin Adalat and Joint District Judge, Dinajpur, respondent No. 1 in a proceeding under Order 21 Rule 89 of the Code of Civil Procedure being Miscellaneous Case No. 16 of 1998 was called in question. The respondent No.3 Rajshahi Krishi Unayan Bank, Birainpur Branch, Dinajpur instituted M...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ..Category: Civil Law | Date: | Hits: 92
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ...... dated 12.10.2000 rejected the said application. The petitioner then filed the present writ petition and obtained Rule but after hearing the High Court Division discharged the Rule holding that the question of abatement may be decided in a forum having civil jurisdiction and accordingly the writ ...... Joint District Judge) 2nd Court and Artha Rin Adalat No. 1 , Rangpur in Artha Rin Adalat Case No.39 of 1991 refusing to record an order of abatement of the above suit as a whole. 2. Short facts are that the respondent No.2, Janata Bank, instituted the above suit for realisation of Tk.22..Category: Civil Law | Date: | Hits: 78
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......which the petitioners filing this application have denied. 4. The High Court Division upon hearing the parties observed that whether they are engaged in immoral activities or not is purely a question of fact and this disputed question of fact cannot be decided under Article 102 of the Con......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ..Category: Criminal Law | Date: | Hits: 41
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ...... a defendant decree was not drawn. As we have mentioned earlier that this statement of fact made by the appellant on oath was not disputed from the side of the Respondent. In the background of the facts brought on record by the appellant we are of the view that High Court Division was not withou..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......t but the said Ministry once again turned down the proposal sent from the Supreme Court vide Memo dated 14.03.2000. 4. The writ-respondent being thus aggrieved filed instant Writ Petition in question challenging memo dated 05-07-1998 and 14-03-2003 (Annexure-E and F in the writ petition).......ently and is repugnant to the equality doctrine and under like circumstances and conditions should be treated alike both in their rights and privilege. 12. From the above discussion and the facts and circumstances of the case, we find that the refusal of the prayer of the respondent regar..Category: Employment/Service Law | Date: | Hits: 104
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....it has been renewed for another period for 15 years as per law. The further case of the appellant is that seeing the popularity of the mark of the appellant, the respondents are trying to adopt an identical mark most illegally in respect of similar goods of the appellant for marking wrongful gai......ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ......ted against the common judgment and order dated 04.08.2002 passed by a Division Bench of the High Court Division in Trade Mark Appeal Nos. 54 & 55 of 2001 allowing the appeals. 2. Short facts are that the appeals before the High Court Division were filed by Md. Sharifuddin the proprie..Category: Intellectual Property Law | Date: | Hits: 172
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