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Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......making the Rule absolute. 2. Short facts are that plaintiffs instituted Title Suit No. 324 of 1999 in the Court of Assistant Judge, 2nd Additional Court, Dhaka for restraining the defendants from trespassing into the suit land and demolishing the house, mosque and wall constructed by ...... defendants, in short, is that the suit came up for peremptory hearing list on 23.4.2000. At one stage the defendant No. 2 separately submitted an application praying for allowing him to submit an independent written statement and that was allowed by order dated 25.5.2000 and thereafter the suit......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ..Category: Property Law | Date: | Hits: 22
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
....e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ......auction purchaser-petitioner furnished in compliance to the order passed by this Division on 30-03-2003 in C.P.L.A. No. 118 of 2003 in order to get permission to remove the vessel in question from Mongla Port to Chittagong Port. 2. The facts in the application for direction to respon...... the vessel from the port limit the said auction purchaser owner is liable to pay tolls, charges, taxes etc. attached to the vessel as a charge imposed under the Port Authority Ordinance independently of the amount realised at auction sale. Prior to removal of the vessel the Port autho......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......Gm, wc/m`i/mybvg/04/100(5) dated 27.07.2004 to show cause within 07(seven) days upon receipt of the same as to why decisions should not be taken in a special meeting for removal of the petitioner from the office of the Chairman of the union parishad. The petitioner gave reply to show cause noti......The learned Advocate further submitted that the High Court Division have committed an error of law in not holding that proceedings of the impugned no-confidence suffers from lack of application of independent mind of the respondents concerned, requisite materials on record which constitute 'misc......nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 32
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ...... set up their export-oriented industry, which was for public purpose, by issuing notice under section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 inviting objections from all concerned including the writ petitioners and the Deputy Commissioner, Comilla after due he......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......nce and the evidence of other witnesses and upon due discussion as well as with reasoning arrived at the finding that the prosecution had established its case against the convict. It is not seen from the judgments i.e. Judgments of the High Court Division as well as of the trial court that said......jurisdiction and power under section 561A Cr.P.C. to do "substantial justice or to remove this in justice" 10. It has already been mentioned that the High Court Division on independent consideration of the evidence on record held that "on analyzing the evidence on rec......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ...... 2. The short fact leading to the filing of the leave petition is that the respondent No.1 filed the aforesaid writ petition on the averments that he while serving as Office Assistant with effect from 1.1.1998 took leave on 26.4.1999 to visit his village home. However a protracted period ...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 991. ..Category: Employment/Service Law | Date: | Hits: 81
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......; Md. Tafazzul Islam J.- The petitioner, the condemned-prisoner, seeks leave to appeal from jail by filing this petition challenging the judgment and order dated 20.5.2007 passed by the&...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ..Category: Criminal Law | Date: | Hits: 39
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ......s father. He could not produce any original document namely lease deed and other connected papers before the authority. He also did not approach the Court of Settlement for release of the property from the list of abandoned property. 7. In view of discussions made above, we are of the vie......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......gistered Heba-bil-Ewaz to the plaintiff, that the plaintiff is in possession of the land and got his name mutated in the revenue record and paying rent, that defendant Nos.2 and 3 dispossessed him from part of the land and raised a structure covering 3/8 decimals of land out of 29V2 decimal......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......ober, 2002 to up to date and onwards, fixed at the time of award". "The respondents are also directed to pay all arrears outstanding to the petitioner within two months from the date of receipt of the copy of this judgment and order" (in Writ Petition No. 955 of......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ...... as regard the land of Plot No. 654 and in the aforesaid manner the plaintiffs and defendant No. 1 became sharers of the land of the said plot, that on Paush 15, 1384 BS the plaintiffs came to know from the local Revenue Office, that the defendant in respect of the land of each Jote has got his ......ntiffs Nos. 1 and 2. It is seen from the judgment of the lower appellate Court that no attempt was made by the defendants to show that the defendant No. 2 i.e. wife of the defendant No.1, had independent source of income and that she purchased the land put to auction owned by the plaintiff ......ideration of the evidence, both oral and documentary held, "The defendants totally failed to prove their alleged auction purchase of suit property. The defendant No. 2 also failed to prove her source of income, Minimum evidence as to source of income was led by defendants. Even the defendant..Category: Property Law | Date: | Hits: 32
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......used Nurul Amin was then serving as mail carrier of Narail line in the Jessore Office and that the parcels were sent by M & S-1 dated 22-12-1988 and were received by Jessore M & SO-2 and that from the office of Jessore M & S-1 the articles being packed in three parcel bags bearing serial......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ......12-3-1994 of the 1st Court of Settlement passed in Settlement Case No. 920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case property, from the "Kha" list of abandoned buildings. 2. Facts, in brief, are that the peti......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Khan Yeakub Ali Vs. The State and others, 2008, 37 CLC (AD)
....her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ......ed if the conviction and sentence of the petitioner reduced to 7(seven) years rigorous imprisonment and pay a fine of Tk. 1000/- in default, to suffer rigorous imprisonment for 3(three) months more from the sentence of imprisonment for life and pay a fine of Tk.10,000/- in default to suffer furth......her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ......her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ..Category: Criminal Law | Date: | Hits: 40
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....bmits that the learned Judges of the High Court Division failed to consider the fact of admitted enmity between the parities/which required as a rule of prudence that there should be some such corroboration of the evidence of the interested witness or witnesses as may inspire confidence......ed inflicted injuries with dao, lathi and iron rods indiscriminately and at some point some other accused severed both the legs of the deceased. The accused made blank fire and fled away therefrom when the adjacent people reached there. The deceased was taken to Maheshkhali Hospital by......nce that there should be some such corroboration of the evidence of the interested witness or witnesses as may inspire confidence in the mind of the Court, but in the present case, there is no independent corroboration of evidence and as such the learned Judges of the High Court Division err......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ..Category: Criminal Law | Date: | Hits: 22
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ......ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ......ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ......ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ..Category: Property Law | Date: | Hits: 24
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ..Category: Civil Law | Date: | Hits: 88
Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)
....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ..Category: Property Law | Date: | Hits: 22
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......rther held that no suit or proceeding can start in respect of the opposite party No.1 who went under winding up process. The High Court Division further held that the petiĀtioner had already retired from the employment of Dhakeshwari Cotton Mills Ltd. and therefore ceased to be employee of the Mill......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ..Category: Tenancy Law | Date: | Hits: 148