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Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......ourt Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ammen J Mosammat Parveen Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) ..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......n the decision reported in 46 DLR (AD) 1 ignoring the subsequent decision on the same point of law as enunciated in the decision reported in 47 DLR (AD) 66; the facts and circumstances of the case reported in 46 DLR (AD) 1 on which the High Court Division relied is quite distinguishabl..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......rt Division as well as judgments of the Courts below and thereafter contended that the High Court Division committed an error of law in not holding that in the facts and circumstances of the case, there is no manner of application of Rule 20 Order 5 of Code of Civil Procedure, inasmuch as,..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......charged on 10.5.1999. Mr. Habibul Islam Bhuiyan, learned counsel for the petitioner, submits that the High Court Division did not apply its mind to the facts and circumstances of the petitioner's case and failed to appreciate that the petitioner in compliance with the notice under Section 17(1..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......ee which was allowed. 5. The High Court Division, as it appears, on consideration of above, held that the prayer for amendment of the plaint sought for is quite in conformity with the plaint case and if the same is allowed that would in no way change the nature and character of the suit; t..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......order of the Court of Settlement passed in Case No. 113 of 1992 under section 7 of Ordinance No. 54 of 1985 on the ground that the same has been passed without lawful authority. 3. The case of the writ Petitioner, in short, is that the disputed premises namely F/G/7, Sher Shah Colony..Category: Property Law | Date: | Hits: 27
Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)
....n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ..Category: Procedural Law | Date: | Hits: 79
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......- This is a review petition filed by the defendant in a suit for declaration of the plaintiff-respondent's 'rayoti' right to the suit land and for khash possession thereof. 2. The plaintiffs case was that he was the donor member of the Boalkkhali; Sirajul Islam College and during his membe..Category: Property Law | Date: | Hits: 53
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity 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: IV ADC (2007) 855. ......the conflicting claims. In such circumstances I am inclined to allow this application. The matter of who is or is not the lawful Managing Director may be dealt with when considering the merit of this case. Accordingly, the application is allowed." 5. Subsequently when the matter was continuing..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ate Division. 3. The suit was contested by defendant Nos. 1,2,6,7,9,10,12,14 and 17-19 as well as by the defendant Nos. 43,46,57 and 55 by filing separate sets of written statement. The case of the first set of defendants was that plaintiffs' predecessors accepted the kabul..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived 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) 841. ......on of the learned advocate of the petitioner that the suit was barred under auction 66 of the Code of Civil Procedure has no application in the facts and circumstances of the present case; the defendant Nos. 1-3 who allegedly purchased the suit land from proforma defendant No.4 al..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ...... and defendant No.1 have huts of different size, that in Khoaj's part his heirs are living. 4. The trial Court dismissed the suit with the finding that plaintiff failed to establish any case for declaring the deed illegal, that in the land m suit Siddique Miah and the father of defend..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ...... averments made in the plaint stating, inter alia, that the suit is not maintainable. It is barred by limitation and also barred by the principles of estoppel, waiver and acquiescence. His specific case, in short, is that on account of urgent necessity (of) money, the defendant approached the pla..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......ur in Title Suit No. 5 of 1989 dismissing the same. 2. The suit was filed seeking declaration of title and khas possession and for the further relief that the auction sale in certificate case No. 615 BK of 1981-82 is fraudulent and void. The appellate Court upon allowing the appeal de..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......valid waqf in accordance with the Mussalman Wakf Validating Act, 1913, and whether the High Court Division correctly applied the principle of law relating to validity of a waqf as enunciated in the case of Mst. Khairunnessa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Sye..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......y recorded in the new Khatian No. 23 in the name of defendant No. 1 was wrongly prepared and that the same is liable to be recorded in his name in the rent roll Khatian No. 22. 3. The plaintiff's case is that the holding belonged to Agardi Sonaru who died leaving defendant No. 3 as heir. She m..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ode read with section 5(2) Act II of 1947 pending before Special Judge, Rajshahi Division (wrongly written as Special Tribunal Judge by the High Court Division) should not be quashed. 4. The case arose out of F.I.R. lodged by one Assistant Inspector of D.A.B., Bogra alleging, inter alia, t..Category: Criminal Law | Date: | Hits: 96
Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)
....h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ......iscriminately and set fire to the dwelling house of the informant and on the basis of the said First Information Report charge sheet was submitted against the accused petitioners. In the aforesaid case tried by the learned Additional Sessions Judge and Special Tribunal No.2, Sylhet they have bee..Category: Criminal Law | Date: | Hits: 44
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ...... dated 08.02.2004 was started under Section 302 and other Sections of the Penal Code. After investigation police submitted charge sheet against the accused petitioners and others on 15.06.2004. The case was registered as Druto Bichar Tribunal Case No. 26 of 2005 and was pending before learned Dru..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......leave to appeal against the judgment and order dated 29.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 13882 of 2005 making the rule absolute thereby transferring the case from the court of Drato Bichar Tribunal No.1, Dhaka to Druto Bichar Tribunal No. 2 at Dhaka.&n..Category: Criminal Law | Date: | Hits: 64
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