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AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... April 9, 2003 of the High Court Division in First Appeal No. 186 of 1999 allowing the same and thereby setting aside the judgment and decree dated January 31, 1999 of the 3rd Court of Subordinate Judge (now Joint District Judge), Chittagong in Other Suit No. 136 of 1996 decreeing the same. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n No.414 of 1988 (Rangpur)/Civil Revision No. 7966 of 1991 (Dhaka) making absolute the Rule upon reversing the judgment and decree dated June 26, 1988 of the Court of Additional District Judge, Rangpur in Other Appeal No. 224 of 1986 setting aside the judgment and decree dated December..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......tional written statement on the view that the proposed amendment of the additional written statement would help the determination of the real question in controversy between the parties. 7. Special leave was granted to consider whether the High Court Division was within its jurisdiction t......against a judgment of a Bench of the High Court Division, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent for amendment of the additional written stateme..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......o. 112 of 1977 (On Appeal from the Judgment and the Order dated 25.05.77 passed by the High Court in Writ Petition No. 336 of 1977) Judgment Mahmud Husain, CJ— This appeal by Special leave arises out of a judgment passed by a Bench of the High Court in writ jurisdictio......erred right upon the appellant to move application for transfer before the Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, the learned Judge of the High Court were wrong in holding that respondent No 1 had no duty to stay the proceedi..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......and the appellant challenged the legality of the demand by filing a Writ petition in the then Dacca High Court claiming exemption from payment of Tax under section 6(a) of the said Act. The learned Judges of the High Court dismissed the Writ petition summarily and special leave was granted ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......to the accused by order dated 05-08-2002 against which the Commissioner of Customs, Mongla filed an application under Sections 439A/435 of the Code of Criminal Procedure before the learned Sessions Judge, Bagerhat being Criminal Revision case No. 165 of 2002, who hearing the parties dismissed the..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......e out submitted charge-sheet against 15 accused-persons including the leave-petitioners under Section 120B/302/34 of the Penal Code. In due course, the case sent to the learned Sessions Judge, Pabna for trial, who thereafter transferred the same to the learned Judge, Druto Bichar..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......1999 of a Single Bench of the High Court Division in Civil Revision No. 1825 of 1994 making the Rule absolute upon setting aside the order dated October 18, 1993 of the court of Additional District Judge, Narayangonj in Miscellaneous Case No. 7 of 1992 allowing the same. The Miscellaneous Case w..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......der dated 20.4.2004 passed by a Division Bench of the High Court Division in Civil Revision No. 4256 of 1997 making the rule absolute and thereby setting aside the impugned order of the Subordinate Judge (now Joint District Judge), 1st Court, Mymensingh in Miscellaneous Case No. 60 of 1999. ..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......e delay is condoned. 2. This petition for leave has been preferred by the plaintiff petitioner Musammat Sokhina Khatun challenging the judgment and order dated 18.08.2004 passed by a Single Judge of the High Court Division in Civil Revision No.1571 of 2003. 3. Facts, in short, for ..Category: Property Law | Date: | Hits: 37
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......r investigation charge sheet was submitted against the two respondents and others including Syed Jahangir Alam and Md. Alamgir Hossain. The case being sent for trial the learned Additional Sessions Judge, First Court, Jessore tried the case and by the judgment and order dated 30.04.2000 convicted ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......of a Single Bench of the High Court Division in Civil Revision No. 170 of 1995 discharging the Rule obtained against the judgment and decree dated November 13, 1994 of the 1st Court of Subordinate Judge (now Joint District Judge) Magura in Title Appeal No. 55 of 1994 allowing the same upon ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......cess of reaching decision un-communicated to the writ petitioner, it did not create any legal right in his favour and as such the writ petition on its face was without legal foundation. The learned Judges of the High Court Division have erred in law in making the Rule absolute reviewing the earl..Category: Banking Law | Date: | Hits: 124
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......Order No. 3451 of 1998 rejecting the revisional application summarily. The revisional application was filed against the judgment and decree dated April 23, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Natore in Title Appeal No. 241 of 1989 reversing the judgment and..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ...... Single Bench of the High Court Division in Civil Revision No. 4207 of 1996 making the Rule absolute. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ...... Single Bench of the High Court Division in Civil Revision No. 4139 of 1999 discharging the Rule obtained against the judgment and decree dated May 9, 1999 of the 2nd Additional Court of Assistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was filed seeking ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......99 (II of 1899), sections 2(11), 18 & 35 The Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of action for ..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....gment and order dated 23rd June 1986 discharged the Rule. This appeal by leave is from the said judgment and order. 2. Respondent No.1 as complainant filed a petition of complaint before the Sub-Divisional Magistrate, Faridpur on 1.2.83 against the accused-appellants stating that the accused-......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......on, Dhaka in First Appeal No. 46 of 1988 allowing the same "as at presently constituted" and decreeing "the plaintiffs' suit, as amended" upon setting aside the judgment and decree of the Subordinate Judge, 3rd Court, Dhaka passed in Title Suit No. 269 of 1987. 2. The facts leading to these appea..Category: Property Law | Date: | Hits: 95
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