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Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......Act and so the submission of the learned advocate of the petitioner that the Revenue Officer does not have the authority to cancel the record of rights under this provision of law has basis; in the facts and circumstances of the instant case there does not appear to be any incidence of fraud as ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......he defendants adduced sufficient evidence to show that the said "Zager Hossain" is actually the executant "Zakir Hossain" himself; the trial court did not find the sale deed in question as collusive but merely found ejmali possession of the plaintiff and the defendants in the......e plaintiff is "Zakir Hossain" but in the Sale Deed No. 5666 the name of the executant is shown as "Zager Hossain" but unfortunately the trial court did not at all consider the facts that the particulars of the transferor and transferee both in the above Sale Deed No. 5666 an..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......Division having meticulously assessed and considered the material on record held as follows: "It is well settled proposition of law that in a suit of permanent injunction the sole question to be seen is the exclusive possession of the plaintiff the suit land as well as his......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ...... 103B of the Bengal Tenancy Act, that the patta as claimed by the plaintiffs in support of their claim in the land in suit in fact stands in the name of Abdul Ali alone and in the background of the facts and the materials brought on record the same was not acted upon, that the appellate Court wa..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......an order of calling the meeting may also give such ancillary or consequential direction as it thinks expedient. 7. We are accordingly of the view that the High Court Division considering the facts and circumstances and also applying the correct principle of law as applicable in the present..Category: Business or Commercial Law | Date: | Hits: 78
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......ssion of guilt by the plaintiff was made having been put under pressure by the authority and that the appellate Court has not reversed the said finding upon taking into consideration the attending facts and circumstances of the case, that the WASA authority reinstated the 4 other officials who a..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......rom the suit premises as monthly tenants when there is no proof of landlord-tenant relationship between the parties and section 109 of the Transfer of Property (Act) is also not applicable in the facts of the case and the submission that the High Court Division upon a misconstruction of Ext. 7, ..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ...... consequent criminal proceedings on the basis thereof is ultra vires the Constitution and the High Court Division Committed an error of law in vacating the order of stay when the case involves the question of vires of Section-21 of Securities and Exchange Ordinance, 1969. The learned Counsel sub......to 1998-99 leading to no dividend to the shareholders. Thus the company very tactfully and deliberately induced the subscribers of the prospectus to believe the published material and important facts and information which were not, in fact, complete and correct to the entirety and to take up..Category: Criminal Law | Date: | Hits: 36
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......for leave to appeal is directed against the judgment and order dated 30.04.2002 passed by the Administrative Appellate Tribunal in Appeal Case No. 79 of 2000 dismissing the appeal. 2. Short facts are that the petitioner was directly appointed as Inspector, Customs, Excise and Vat on 25.0..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ...... days from the date of the order of Artha Rin Adalat i.e. within the statutory period of limitation. According to Mr. Ahmed to examine legality of the impugned order it is necessary to probe into the question as to what is the "time requisite for obtaining certified copy" in this case admitting the ......by a Division Bench of the High Court Division admitting the appeal being F. M. A. No. 66 of 2005 and staying operation of the order dated 17.02.2005 passed by Artha Rin Adalat No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk...Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ......those are very much inculpatory. 8. The High Court Division also took into consideration the delay in lodging F.I.R. as argued by the learned Advocate for the appellants and held that in the facts of the present case, the delay was sufficiently explained. 9. We are of the view that ..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......ificate and also in plain dress and without any arms whatsoever. The prosecution also could not offer any explanation regarding non examination of S.L Abdul Bari, vital witness in the case. All these facts creates a strong doubt about the truth of the prosecution story. It may be mentioned that it i..Category: Criminal Law | Date: | Hits: 73
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......eave to appeal arise out of the common judgment and order dated 13-3-2004 passed by the High Court Division discharging both the Rules obtained in Writ Petition Nos.2996 and 2997 of 2001 calling in question the common judgment and order dated 24.11.2004 passed by the First Court of Settlement in ......ages have been inserted and in all likelihood some pages have been removed from the file. Considering the above the Court of Settlement dismissed the cases. The High Court Division taking the above facts into consideration particularly the fact that correspondence after 17.1.11.1975 is missing an..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ...... petition for leave to appeal is directed against the judgment and order dated 06.08.2005 passed by the High Court Division in Writ Petition No.4404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ Petition No.4404 of 2003 con..Category: Property Law | Date: | Hits: 29
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......amber made an observation to file a regular leave petition to submit an application for stay at a later stage. It was tried to justify the action of the contemner Nos.3-5 on the ground that as the question of granting stay was pending before the Appellate Division and as the Judge-in-Chamber mad......dingly begged for unconditional and unqualified apology to the Court and threw themselves at the mercy of the Court. 6. We have heard the learned Counsels for the parties and considered the facts and circumstances of the case together with the unqualified and unconditional apology with an..Category: Criminal Law | Date: | Hits: 47
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......r leave to appeal has been filed against the judgment and order dated January 21, 2004 of a Division Bench of the High Court Division in Writ Petition No.4564 of 1999 discharging the Rule obtained questioning legality of Order No.26 dated June 14,1999 passed by the learned Subordinate Judge (now......of the defendants said to have died before the filing of the suit, against the defendant Nos.1 and 2 the Rule is liable to be discharged. 8. The High Court Division in the background of the facts and materials on record observed "The petitioner is a contesting defendant by filing wri..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ...... 1951), Section 96 The pre-emptee having failed to prove that the pre-emptor was offered to buy the case land in the first place and he refused to buy the same and consented to the sale no question of waiving his right arises. [Obiter] Right of pre-emption accrues to ......y leave is directed against the judgment and order dated 30.6.2002 passed by a Single Bench of the High Court Division in, Civil Revision No.1727 of 1995 discharging the Rule. 2. Relevant facts are that Mizanur Rahman and Yakub All owned and possessed .42 acres of land of Plot No.31 of ..Category: Property Law | Date: | Hits: 32
Nazrul Islam Vs. State, 2007, 36 CLC (AD)
....ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......s directed against the judgment and order dated 10.05.2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.5858 of 1999 discharging the Rule. 2. Short facts are that F.I.R. was lodged against the accused petitioner alleging, inter alia, that the accu..Category: Criminal Law | Date: | Hits: 29
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......ction 425 of the Penal Code and, as such, is punishable under Section 420 of the Penal Code. 10. Leaving aside the merit of the case as discussed above, the leave was granted to consider the question of enhancement of the sentence from three months to six months under Section 420 of the P......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..Category: Criminal Law | Date: | Hits: 42
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......r workers are working there and they along with their family members are being maintained by the income from the said Agro-based Industry and some of them also live there. 10. If the land in question is acquired in that case the valuable trees planted by important dignitaries and persons ......This petition for leave to appeal is directed against the judgment and order dated 30.08.2005 passed by the High Court Division in Writ Petition No.5513 of 1996 discharging the Rule. 2. The facts, in short, are that the Writ Petition No.5513 of 1996 was filed by the petitioner before the ..Category: Property Law | Date: | Hits: 31
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