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Category: Limitation Law | Date: | Hits: 165
Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ......wered in our judgment. We find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 310. ......p; M. M. Ruhul Amin J. - By this petition the petitioner seeks review of this Court's judgment dated 08.03.2005 passed in Civil Appeal No. 81 of 1999 allowing the appeal. 2. Short facts are that the plaintiff filed Title Suit No. 196 of 1977 in the 2nd Court of Munsif (no..Category: Property Law | Date: | Hits: 31
Digandra Chandra Pandith Vs. Abdur Razzaque and another, 2006, 35 CLC (AD)
....ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ......Miscellaneous case was barred by limitation upon due consideration of the evidence but the appellate Court upon proceeding on the wrong premises set aside the finding of the trial Court on the question of limitation. The High Court Division also held that pre-emptor miserably failed to prov......ute. 8. In that state of the matter we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 307 ..Category: Property Law | Date: | Hits: 20
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......move the Bazar upon demolishing the same. The defendant No.2, Deputy Commissioner, contested the suit by filing a written statement contending that the (suit was not maintainable and the bazaar in question was established in violation of law and the same was therefore liable to be removed and de......nbsp; 5. Mr. Abdul Wadud Bhuiyan, the learned Counsel for the petitioners submit that the High Court Division failed to under stand the facts and circumstances of the case and came to a wrong conclusion. He next submits that the High C..Category: Property Law | Date: | Hits: 25
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......e, 1st Court, Tangail, in Other Class Appeal No. 47 of 1993 reversing those dated 18.02.1993 by the Subordinate Judge, 2nd Court, Tangail, in Other Class Suit No. 10 of 1992. 2. The relevant facts of the case are that the plaintiff is a landless cultivator and he prayed for settlement of ..Category: Property Law | Date: | Hits: 25
Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......acate the premises mentioned in the notice. The notice was issued under section 5(1) of the Ordinance No. 24 of 1970. 3. As it appears that in case of failing to vacate the premises in question by the time specified in the notice writ petitioners would be evicted therefrom and t....... 5. The High Court Division rejected the writ petition summarily upon observing the petitioner filed a title suit before the Court below where the question of title is pending. Under these facts and circumstances we do not find any substance in this application. 6. The learne..Category: Property Law | Date: | Hits: 29
S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
....out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ......aring, was dismissed. 3. The learned counsel for the petitioner submits that the suit filed by the petitioner was decreed by the trial Court as well as the appellate Court, the last court of facts, and the concurrent findings arrived at by the above court's are binding on the High Court D..Category: Employment/Service Law | Date: | Hits: 61
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......nt form and is not bad for defect of parties and since there is a clear admission of ownership by the parties, there is no need to file a suit for declaration of title. He submits that the deed in question was concurrently found by both the Courts below to be void abinition and thus once th...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ..Category: Property Law | Date: | Hits: 24
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ......dismissing the Title Suit No. 27 of 1998 filed by the plaintiff petitioner which was decreed by the trial court as well as by the appellate court below. 2. The short facts leading to the filing of the leave petition is that the plaintiff petitioner instituted the ..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......eview petition whereupon Miscellaneous Case No. 5 of 1980 was registered, primarily contending that the recorded tenants of the property left for West Bengal, India and thereupon their property in question was treated as enemy property and that some of the recorded tenants died long before obtai......in Title Suit No. 198 of 1970 against the dead persons, that there is no scope to consider the review application in view of the provision of Order 47 Rule 1 of the Code of Civil Procedure, as the facts alleged for review were very much within the knowledge of the respondent, particularly the re..Category: Property Law | Date: | Hits: 34
Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)
....judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ......judgment and order of convication and sentence. We do not find any ground to interfere. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 988. ......the convict petitioner Abdul Gafur. 14. In this view of the matter the trial court appears to have convicted the petitioner rightly. 15. It appears that the High Court Division in the facts and circumstance and evidence on record arrived at a correct decision upholding the judgment ..Category: Criminal Law | Date: | Hits: 39
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......et aside and the Court directed the Munsif recommence the proceeding of the Court from the stage at which the pleader Commissioner submitted his report. 3. Leave was granted to consider the question whether the parties can invoke the violation of natural justice when they were duly served......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ..Category: Property Law | Date: | Hits: 23
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....ect decision. 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) 266. ......ect decision. 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) 266. ......hy;tigation. 5. We have heard the learned Advocate and perused the materials on record. We are not impressed by the submissions of Mr. Monsurul Haque Chowdhury. 6. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct a..Category: Criminal Law | Date: | Hits: 38
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......last election. 5. The prosecution examined 16 Pws. all of whom were cross-examined by the defence. The defence did not examine any witness. 6. The trial Court in consideration of the facts and circumstances of the case as well as evidence on record, found the accused guilty for the..Category: Criminal Law | Date: | Hits: 44
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ......ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ......and sustainable in law and the learned Advocate for the petitioner failed to show any illegality in the matter of acceptance of the evidence on record by the Courts below. 7. In view of such facts and circumstances of the case, we find no merit in this petition and accordingly, the s..Category: Criminal Law | Date: | Hits: 45
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ...... accused may invoke the jurisdiction of the High Court Division under Section 561A of the Code of Criminal Procedure, if, he can make out a case of quorum non-judice of the trial Court or that the facts alleged do not constitute any criminal offence. The High Court Division may exercise inherent..Category: Criminal Law | Date: | Hits: 42
Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)
....orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ......, the learned Counsel for the petitioner submits that the High Court Division erred in allowing the pre-emption case when the same was barred by limitation inasmuch as the sale deed in question was executed on 25.10.1994 and the pre-emption case was filed on 25.6.2000 and as a result......bsp; 10. We have perused the impugned judgment and other connected papers. We are not impressed by the submissions of Mr. Abdul Quayum. In the facts and circumstances of the case, we are of the view that the High Court Division upon corr..Category: Property Law | Date: | Hits: 20
Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)
....t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ......t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand) Ed. This Case is also Reported in: V ADC (2008) 250. ......on for leave to appeal is directed against the judgment and order dated 08.08.2008 passed by the High Court Division in Civil Revision No. 2920 of 2002 discharging the Rule. 2. Short facts are that the pre-emptor filed Miscellaneous Case No. 4 of 1998 in the Court of Senior Assista..Category: Property Law | Date: | Hits: 25
Sanat Kumar Dhar and others Vs. Aminul Haque and others, 2006, 35 CLC (AD)
....fresh. Since the grounds taken in the review petition in no way are the grounds of review of a judgment, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 248. ......fresh. Since the grounds taken in the review petition in no way are the grounds of review of a judgment, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 248. ......other words the trial Court disposed of the suit upon adjudicating the issues involved therein but the appellate Court without discussing the evidence and without taking into consideration the facts which ought to have been taken into consideration while disposing of the appeal inter&sh..Category: Property Law | Date: | Hits: 24
Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
.... is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ......s brought within 12 years from the date of alleged dispossession, the suit was found to be helplessly barred by limitation. Accordingly, the High Court Division found that the findings of fact on question of possession and dispossession and also on question of limitation as arrived at by the co......ve to appeal is directed against the judgment and order dated 08.05.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3 794 of 2000 discharging the Rule. 2. Short facts are that the plaintiffs filed Title Suit No.86 of 1991 in the 2nd Court of Senior Assistant ..Category: Property Law | Date: | Hits: 32