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Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....rived 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: V ADC (2008) 51. ......ioner & others, Comilla……………………..Respondents Judgment May7, 2006. Cases Referred To- Md. Afaz Uddin Mollah and others vs. Md. Maizuddin Shaikh, BCR 1983 (AD) 48. Lawyers Involved: &......ied there leaving behind no issue; one Syed Md. Barek, the predecessor of defendant No.1, was staying in the said "Faruki House" with his family and G.M. Faruki did not transfer any property to the said Syed Md. Barek; according to the provisions of the State Acquisition and ......rived 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: V ADC (2008) 51. ..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......Appellate Division (Civil) Present Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mvi. Md. Shafiqur Rahman and another ………….......Petitioners Vs. Ambia Khatoon and ...... available to the pre-emptor to set aside the order for dismissal for default and section 96(13) would not be a bar in such proceeding. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel ......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ...... Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result: The petition is dismissed. Cases referred To- Abdur Rashim vs. Md. Rezauddin and others, 5 BLC (AD) 76; Md. Ashraf Ali and another vs. Fatiq Chandra Saha and others, 1983 BLD (A......a, that the alleged agreement for sale dated 30.8.1947 is forged and fabricated; the original owners Surendra and Dijendra having left for India in the year 1965 the suit land, at first, became enemy property and subsequently became vested property and government had been possessing the suit land by......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ...... ADC (2008) 40. ...... it was found that there was no old road. The High Court Division also found that both the courts below concurrently held that the plaintiffs could establish their right, title and interest in the property and further the report of the Advocate Commissioner, Ext.3, which formed part of the judgm......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......in J Md. Tafazzul Islam J Atiqullah alias Atik ………………...Petitioner Vs. Mohammad Safiquddin being dead his heirs: Rashida Begum and others ...........Respondents Judgment August 23, 2006. Lawyers Involved: ......otally ignoring the documentary evidence indicating plaintiffs exclusive possession in the suit land" and the High Court Division further held that the appellate Court "without properly assessing the evidence in the light of the pleadings of the parties and also ignoring the ...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......esented-For Respondent Nos. 2, 5-7, 9-11, 13, 15-16, 19, 21-24, 26-28, 31 & 33-35 (In Civil Appeal No. 39 of 2005). Civil Appeal No. 38-39 of 2005. (From the judgment and order dated 29.08.2004 passed by the High Court Division in Writ Petition Nos. 8254 of 2002 an......not provide for in toto absorption of the Project personnel of Phase-I to Phase-II of the Project. The relevant portion of the Phase-II Project Pro-forma reads as under: "However, for the proper implementation, supervision and monitoring of the Project activities provision has been mad......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..Category: Constitutional Law | Date: | Hits: 146
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......……………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers Involved: Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner...... trial Court for trial. 3. Mr. Muhammad Ali Akanda, learned Deputy Attorney General, appearing for the petitioner submitted that the judgment and order of the High Court Division is neither proper nor in accordance with law and facts of the case. The learned Deputy Attorney General furth......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ..Category: Criminal Law | Date: | Hits: 62
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ...... Rahman ………………......Respondent Judgment January 15, 2007. Trial of Cross Cases It is well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The t......rder to use their evidence which was not done and so in this backdrop of the case, there had been another miscarriage of justice. 8. We are of the view that the High court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..Category: Criminal Law | Date: | Hits: 58
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
....nce and the appellants having preferred review application without filing appeal before the Arbitrator, the same was not maintainable. 3. In the circumstances, this Court decided to do complete justice in the matter under Article 104 of the Constitution and the respondent No.1 was di......m J Atik Ullah & another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, represented by Land Acquisition Collector, Dhaka & others ………….....Respondents (In ......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ..Category: Alternative Dispute Resolution | Date: | Hits: 207
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ...... Supreme Court Appellate Division (Civil) Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Swapan Roy and others……………........Petitioners Vs. Shashadhar R......h Court Division in Civil Revision No.6823 of 2003 discharging the Rule. 2. The plaintiffs instituted Title Suit No.10 of 1991 in the Court of Assistant Judge, Khulna for partition of ejmali property and for separate saham in respect of 3.23 acres of land stating, inter alia, that an area......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ..Category: Property Law | Date: | Hits: 23
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......l Karin J MM. Ruhul Amin J Faiz Ahmed Chowdhury……………………....Plaintiff-petitioner. Vs. Alhaj Shamsul Huda Chowdhury and others ......Defendant-respondent Judgment May 14, 2007. Cases Referred T......hat while possessing the same Mahabubul Hoque died and thereafter his share was developed to other brothers and sisters and after the death of Md. Shafi, defendant Nos.2-5 became owner of his left property and after death of Farid Ahmed defendant No. 6-8 became owner of his left property; that w......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ..Category: Property Law | Date: | Hits: 38
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ...... is also Reported in: V ADC (2008) 120. ......aration of merit list, the seniority would be counted from the date of joining as per Sub-regulation 1 of regulation-10. 12. Since in the instant case there is no merit list on record filed in a proper manner, we are inclined to hold that the seniority of the writ petitioner would be counte......he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ......ADC (2008) 115. ....... Respondent Nos.1-6 as plaintiffs instituted other Class suit No. 235 of 83 in the Court of subordinate Judge, Rajshahi for decree of declaration of their right and title in the Kha schedule property against the defendants stating that the schedule 'Ka' land of the plaint was owned by late......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......ate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 9 of 2006. (From the Judgment and Order dated August 1, 2005 passed by the Appellate Division in Civil Appeal No.85 of 1997). ......r, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel for eviction of the appellant, herein petitioner, from the property of M/S. Lazaf Commercial Corporation Ltd. at 40, Shaheed Saifudding Khaled Road, Chittagon......he submission so made is of no merit since as it appears in the background of the submission made by the learned Counsel the issue involved in the case before the High Court Division for adjudication is quite different and distinct from the issue as was in the writ petition and thereaf..Category: Property Law | Date: | Hits: 36
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ...... J Amirul Kabir Chowdhury J Md. Joynul Abedin J St. Electronics (Infer Software System) Pvt. Ltd..................Petitioner Vs. Patimas International Sdn Berhad and others……….....Respondents Judgment June 6, 2007. La......en the impugned order singularly affected the respondent No.1 and (3) the Review Panel passed the above order that the bid offer of the respondent No.1, writ-petitioner, was non-responsive without proper appreciation of the fact that the respondent No.1, writ-petitioner, submitted its bid h......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
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. ......afazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Respondents Judgment May 16, 2006. Cases Referred to- 4......impliciter without entailing any stigma on the petitioner and also without referring to any allegation made against the petitioner. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there in no coge......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. ..Category: Employment/Service Law | Date: | Hits: 71
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. ...... in: IV ADC (2007) 866. ......the suit land and hence the suit. The defendant Nos. 1-3, contested the suit by filing a joint written statement contending, inter alia, that the land of C.S. Khatian No. 280 was the self acquired property of Judu Nath Mondal; the kabala dated 29.4.1963 was never acted upon; defendant Nos. 4-6 s......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. ..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. ......ar Hossain, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 187 of 2000. (From the judgment and order dated 21.10.1997 passed by the High Court Division in Writ Petition No. 1067 of 1993). ......missioner of Chittagong Division from the list of abandoned buildings. The further case is that Md. Shafi and she are Bangladeshi nationals by birth and hence no permission for transfer of the property is required but still the building was not released and she was constrained to file the ca......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. ..Category: Property Law | Date: | Hits: 27
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....take appropriate care for complying the statutory formalities for holding the annual general meeting, hereinafter referred to as AGM, of the company; subsequently steps for holding the AGM and to complete other statutory formalities were also taken but since Mr. Jeffery, one of the director, hav......007) 855. ......s full time paid Managing Director of another company named 'Wordy Ltd.' which was also engaged in similar garment export business and as a result company suffered significant loss due to lack of proper attention in running the business of the company; moreover it was a legal necessity to appoin......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. ..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. ......ase is also Reported in: IV ADC (2007) 849. ......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. ......the land outside the land of the defendants' kabuliyat was quite beyond the frame of the suit. This being the position there was no occasion for remanding the suit back to the trial Court for fresh adjudication and as such High Court Division was in error in making the order of remand. The unifor..Category: Property Law | Date: | Hits: 19
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