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Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....record and the High Court Division also did not consider that a suit for declaration of title is not maintainable against co-sharers without a prayer for consequential relief and that the provision of section 47 of Registration Act is misconceived because Dud Mia was not entitled t......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..Category: Property Law | Date: | Hits: 19
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....urt Division was wrong in discharging the Rule without considering that State Acquisition and Tenancy Act, 1950 provides its own procedure in respect of appeal and revision independent of the provisions laid down in the Code of Civil Procedure and the impugned dated 30.1.2002, in terms...... 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)
....personnel appointed in Phase-I will be considered for their appointment in Phase-II of the Project. In the said meeting of the DPEC the Project Pro-forma was further amended deleting the provision that upon completion of the Project necessary steps would be taken to transfer Project Pe......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)
....ed Additional Attorney General appearing in support of the appeal reiterated the submissions made earlier at the time of granting leave. 9. He contended further that through inadvertence the provision of the Constitution (Eleventh Amendment) Act, 1991, in short, Eleventh Amendment was not b...... 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
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. ...... 3. Mr. Muhammad Ali Akanda, learned Deputy Attorney General, appearing for the petitioner submitted that the judgment and order of the High Court Division is neither proper nor in accordance with law and facts of the case. The learned Deputy Attorney General further submitted that the High Cour..Category: Criminal Law | Date: | Hits: 62
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. ......ron was killed by strangulation and thereafter the dead body was thrown in the 'Khal' by the side of the house of the accused person, that inform ant was informed by his another son-in-law, namely Harun, that the dead body of informant's daughter was found in the 'khal' by the ..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. ......led to prove the case beyond reasonable doubt as such the impugned order is liable to be set aside. The learned Advocate further submits that the learned Judges of the High Court Division erred in law in failing to apply their independent judicial mind to the fact and circumstance of the case in..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. ......e prosecution having been able to prove their case beyond all reasonable doubts, the High Court Division fell in error in rejecting the reference and further, the High Court Division erred in law in discarding the prosecution witnesses for some artificial reasons not known to criminal ..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......State as appellant has filed the present petition for leave to appeal. 14. The learned Deputy Attorney General submitted that the findings and decisions of the High Court Division is bad in law since it failed to sift the evidence on record. He further submits that High Court Division err..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. ......itions) submits that since the petitioner has filed Partition Suit No. 97 of 2000 in respect of the same subject matter as that of the Partition Suit No. 19 of 1962 the High Court Division erred in law in failing to stay all further proceedings of the said Other Execution Case No. 4 of 1998 and a..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. ...... 4. Leave was granted to consider the submission of the learned Advocate for the leave petitioner that "the learned Single Judge of the High Court Division committed an error of law in discharging the Rule as a whole wherein the respondent did not claim any title and possessi..Category: Property Law | Date: | Hits: 24
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
....Court's judgment dated 11.01.2004 passed in Civil Appeal Nos.259-261 of 2001 dismissing the appeal with modification. 2. Short facts are that the Land Acquisition Collector, Dhaka under the provisions of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No.1......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 207
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......having produced a registered deed of gift dated 22,01.1935 exhibit-'Ga' executed by Latu Kha, the admitted owner of the suit land in favour of Rahmat Ali, the appellate Court committed an error of law in decreeing the plaintiffs' suit in respect of 'Ka' schedule land totally ignoring the said re..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
.... and the grounds of the application is also to be taken for revising against the order impugned but in the application in Civil Revision No. 3696 of 2004, there was no compliance of such mandatory provision of law and the High Court Division was wrong to entertain the application which is not in......nds of the application is also to be taken for revising against the order impugned but in the application in Civil Revision No. 3696 of 2004, there was no compliance of such mandatory provision of law and the High Court Division was wrong to entertain the application which is not in proper form ..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
....he High Court Division failed to consider this aspect of the matter. The learned Additional Attorney General further submits that the High Court Division erred in law in not considering the provision of clause 21 of the Import Policy Order 1997-2002 inasmuch as the power to make order ......units of re-conditioned vehicles from Japan. He opened the Letters of Credit under the Pre-shipment Inspection Scheme and the respondent deposited the required fees for pre-shipment inspection as per law and before shipment of the goods the approved Pre-shipment Agent Bureau Varitas inspected the go..Category: Business or Commercial Law | Date: | Hits: 139
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....he property was sufficiently identified as per order 7 Rule 3 of the Code of Civil Procedure. 5. Lastly Mr. Khan submits that the High Court Division misconstrued and misinterpreted the provisions of Order 7 Rule 3 of the Code in this particular case and committed error of law in the ...... cloud. 3. The defendants contested the suit by filing written statement denying the plaint Case stating that the suit was not maintainable in present form and was barred under the law of limitation. There was defect of parties. The Suit was not properly valued. The defendan..Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......erty from the list of abandoned property. As such the moment it was held that the properties of the Respondent No.3 are not abandoned property, the abandoned property authority under the law is duty bound to return the property to the claimant upon removing the encumbrance created by i..Category: Property Law | Date: | Hits: 36
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