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Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
.... plaintiff in spite of clear proof of the facts as to talk of sale of the suit land, delivery of possession, receipt of the consideration money and execution of the sale deed and arrived at an erroneous decision. The High Court Division as well erred in law in disbelieving the evidence ......ts regarding talk of sale of the suit land, delivery of possession, receipt of consideration money and the execution of the sale deed and thereby arrived at an erroneous decision. In such view of the matter the impugned judgment of the High Court Division is liable to be set aside and ..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... out that the High Court Division and the lower appellate Court were in error in holding that the certificate case in which plaintiffs land was sold was started in the name of dead person. In that view of the matter we are of the view that High Court Division has committed no error in affirming ..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....n of the different clauses of the waqfnama I find there is substance in the above contention. The waqfnama does not appear to have been correctly construed this led the learned Judge to come to an erroneous decision. The Preamble or the waqfnama name clearly shows that all the proper......he ultimate benefit for the poor or other religious, pious or charitable purposes, may be expressly or impliedly reserved in the waqf deed. This provision practically gives recognition to the view of Abu Yusuf. According to him such benefit may be reserved impliedly and this is deemed to ha..Category: Trust/Waqf Law | Date: | Hits: 171
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......e the accused had not, in fact, any absolute and vested right of stoppage and release. 13. In the circumstances, we find no substances in the submissions of Mr. Saidur Rahman. 14. In view of the discussion above, the decision arrived at the High Court Division although without dis&..Category: Criminal Law | Date: | Hits: 96
Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)
....h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ......r filing previously the case of murder by the co-accused Zamir Ali. 7. He further submits that though there are good grounds for bail to be considered by the High Court Division but in view of the order of this court dated 26.10.2005 the High Court Division is unable to lay its hand ..Category: Criminal Law | Date: | Hits: 44
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......Division on passing the order of transfer of the case from one tribunal to another tribunal has gone contrary to Section 4(4) of the Ain and as it is liable to be set aside. For that in view of the facts that earlier the High Court Division having passed order in consonance to with S..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ...... will be unnecessary to go deep into fact and other materials placed before this court through-rule petition as well as supplementary affidavit counter affidavit and other applications in that view of the matter we are making the rule absolute." 11. It thus appears that ac..Category: Criminal Law | Date: | Hits: 64
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ...... Judgment November 29, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Civil Review Petition No. 90 of 2004 (From the judgment and order dated 21st April, 2004 passed ..Category: Property Law | Date: | Hits: 34
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... 3,25,000/-to the plaintiff-Bank and thereafter got the release of the part of mortgage property of 32/A/2, Free School Street, Panthapath, free from the mortgage and free from all encumbrances. In view of the amicable settlement the defendants also filed an application before the plaintiff- B..Category: Banking Law | Date: | Hits: 85
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......hat there was no material on record to indicate that any appeal was filed before against the order of the Sub-Registrar. The said decision was affirmed by the appellate court on the finding that in view of the admitted fact the appellate court directed that the disputed kabala Ext. 1 to be regis..Category: Procedural Law | Date: | Hits: 97
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......ondents is Exhibit-4, which is a certified copy of the deed and the original of which having not been filed nor an explanation was given as to where the original document is lying and in such view of the matter, the High Court Division ought to have found that ..Category: Property Law | Date: | Hits: 33
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ...... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ..Category: Property Law | Date: | Hits: 24
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......ease tenancy cannot be created in the name of a lessee. The instant suit before us relates to cancellation of lease for alleged failure to pay the balance amount of salami. We are thus of the view that the aforesaid provision of law has got no manner of application in the present case ..Category: Property Law | Date: | Hits: 25
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ...... the High Court Division extended previously leased out 4 hectors to 20 hectors without considering the physical possession of the owners in the land. 8. In the circumstances, we are of the view that the High Court Division correctly allowed the prayer of respondent No. 11 for addition of..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......igh Court Division that the Government may take immediate appropriate step for gazette notification in respect of land of the petitioner. 7. In the facts and circumstances of the case and in view of the discussions made above, we are of the view that the High Court Division upon correct as..Category: Property Law | Date: | Hits: 26
M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)
....f 2006 passed in First Miscellaneous Appeal No. 100 of 2005 could be made out by the petitioner. The High Court Division has observed "A review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent error......A review can only l......; Md. Ruhul Amin J. - Civil Petition for Leave to Appeal No. 1500 of 2006 has been filed against the order dated August 23, 2006 of the High Court Division rejecting the application filed seeking review of the judgment and order dated May 9, 2006and May10, 2006 passed in First Miscellaneous Appea..Category: Alternative Dispute Resolution | Date: | Hits: 193
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ...... money they approached Sonali Bank who agreed to extend further loan but the defendants, promising to extend further loan facilities, advised the plaintiff not to take loan from Sonali Bank and in view of the above the plaintiff did not take the loan from Sonali Bank but the defendant, though pr..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......e evidence of D.W.1 and the time table Ext.2 it appears that the vessel Shainpukur-1 reached Baktabali Ghat at about 3.00 A. M. to 3.30 A. M. In this case time of accident is an important factor in view of the fact that if collision took place at about 5.30 A.M. there was every possibility for th..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ot be demolished and the insertion 15.6.2000 in place of 16.6.2000 in middle portion of First Information Report is a very insignificant matter which must be ignored. 15. We are of the view that the High Court Division on proper consideration of the evidence and the materials on rec..Category: Criminal Law | Date: | Hits: 51
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