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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. ...... filed challenging the legality of the judgment and order dated December 30, 1993 of the 1st Court of Settlement, Dhaka in Case No.16 of 1991 relating to a property in Mohammadpur. The property in question was listed as abandoned property. The Court of Settlement dismissed the case but being ch...... 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. ..Category: Property Law | Date: | Hits: 24
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....nfirmity 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) 687. ......uit land, the plaintiff fled away stealing the proceeds of the sale deed earlier registered and in view of the above the father of the plaintiff handed over the possession of the land in question to the defendant No. 1 and also executed the sale deed under challenge; the defendant No. ...... 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..Category: Property Law | Date: | Hits: 25
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....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. ......s possession in the suit homestead. Musleem Miah went to Pakistan in 1973 and died there. The plaintiff got a letter from the defendant No.2 on 26.04.1994 and came to know about the exparte decree in question. Thereafter, he further came to know about the kabala dated 25.07.1991. Hence is the suit. ......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 ..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....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. ......ial Court were not in error in passing the orders in respect whereof the defendant moved the Court of District Judge and the High Court Division. It was also contended that since no important question of law is involved in the revisional application filed under section 115(4) of the Code of...... 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..Category: Procedural Law | Date: | Hits: 58
Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary Vs. Bangladesh, 2007, 36 CLC (AD)
....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. ......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. ......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...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. ......idence made by the High Court Division was not correct or that the said Division has misread the evidence or left the material evidence out of consideration. In a suit for permanent injunction question of title is gone into incidentally. The primary matter in a suit for permanent injunction,...... 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. ..Category: Property Law | Date: | Hits: 21
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....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. ......er he misappropriated the money. The plaintiff requested the defendant No.2 to pay the collected rents to her but the defendant No.2 refused. The defendant No.2 tried to grab the whole property in question. The defendant No.2 accordingly created a deed of cancellation dated 29.10.1997 and the de......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..Category: Property Law | Date: | Hits: 26
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......the suit property. The deed of exchange deprived the right of preemption of the plaintiff. The plaintiff then instituted the instant suit for a declaration that the deed of exchange in question was an out and out deed of sale. The plaintiff got amended the plaint by a judgment dated ......n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ..Category: Property Law | Date: | Hits: 19
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. ......e suit land of S.A. Khatian No.305 on 15.03.1989 and tried to cut and take away some trees. They were obstructed by the plaintiffs and at that time they disclosed about the deed of Wasiyatnama in question and claimed title to 3.44 acres of land. Thereafter, the plaintiff got the certified copy ......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. ..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......Division was in error in making the Rule absolute and thereby setting aside the concurrent judgment and decree of the courts below. From the pleading of the plaintiffs it is seen that serious question of title of the plaintiffs as to the land in suit was involved in the suit but they instea......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ..Category: Property Law | Date: | Hits: 20
Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
....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. ......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. ......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..Category: Others | Date: | Hits: 92
Mst. Renu Khatun and another Vs. Md. Enayet Hossain Mondal and others, 2006, 35 CLC (AD)
....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. ......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. ......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..Category: Civil Law | Date: | Hits: 89
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....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. ......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. ......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..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......empt the whole of the land transferred on the basis of 'contiguity' within the meaning of Section 96 of the State Acquisition and Tenancy Act." 6. The High Court Division observing the facts and circumstances of the case and materials on record viewed that "the Court of appeal b..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ...... the Zilla Parishad. The plaintiff thereupon moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division on the finding that the courts below ignored the question of competency of the Secretary, who was discharging the functions of the Chairman of the ......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......his name i.e. Md. Amanullah's name i.e. predecessor of the plaintiffs. 4. The suit was contested by the defendant Nos. 1 and 2 by filing separate sets of written statement, stating the facts more or less common. 5. It was the case of the defendants that the suit as framed is n..Category: Property Law | Date: | Hits: 30
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......ne 5, 1989 of the Administrative Appellate Tribunal Dhaka in Appeal No. 38 of 1988 setting aside the judgment passed in Administrative Tribunal Case No. 134 of 1987. They are barred by 822 days. A question arose whether these petitions directed against the judgment passed before the coming into ......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ..Category: Administrative Law | Date: | Hits: 180
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......aches on their part before the ex parte decree. Had petitioner No.4 been not attacked with fever at the relevant time than definitely he would take steps when the suit was called for hearing". On the question of limitation, the appellate Court has observed that petitioner No.4 (defendant No.4) came ......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702...Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......stitution, he argued that the President in exercise of his power under the aforesaid Article 49 could impose any condition and it is up to the convict to accept or not to accept the condition and the question of violation of fundamental rights by the imposition of condition particularly ......ition for leave to Appeal No.1243 of 1998 preferred by the appellant against the judgment and order dated 20th May, 1998 passed by the High Court Division in Writ Petition No. 6028 of 1997. 2. The facts relevant for disposal of the appeal are that the writ-petitioner-respondent was the Chief Engi..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ...... not be released in favour of the writ petitioner-respondents. 4. The High Court Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that the land in question were acquired on payment of compensation money to the owner and, as such, the ownership of ......peal by leave is directed against the judgment and order dated 31-8-1997 passed by a Division Bench of the High Court Division in Writ Petition No. 1804 of 1994 making the Rule absolute. 2. Short facts are that the writ petitioner-respondent Nos. 1 and 2 filed the writ petition challenging the o..Category: Property Law | Date: | Hits: 32
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