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Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
..... Muhammad Nazrul Islam, Senior Advocate, instructed by N. I. Bhuiyan Advocate-on-record- For the Respondents. Civil Petition for Leave to Appeal No. 274 of 2005 (From the judgment and order dated 5th April, 2004 passed by the High Court Division in Civil Revision No.1127 of 2000). Judge......s gross misreading or non consideration of material evidence on record or misconstruction of any document or that finding are perverse and contrary to law or evidence resulting in an error in the decision occasioning failure of justice, the concurrent findings can not be interfered with by the..Category: Property Law | Date: | Hits: 21
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....d by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1350 of 2005 (From the judgment and order dated 25.6.2005 passed by the High Court Division in Civil Order No. 3170 of 2005.) Judgemen......ted papers. We are not impressed by the submissions of the learned Advocate for the petitioner. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the ..Category: Property Law | Date: | Hits: 31
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....i, Advocate-on- Record-For the Petitioner. Abu Siddique, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1159 of 2005 (From the judgment and order dated 13.7.2005 passed by the High Court Division in Civil Revision No. 345 of 2004.) Judgem......ons of Mr. Kazi Shahadat Hossain. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....ocate- on-Record- For Respondent No. 13. Not represented- Respondent Nos. 1-12 and 14-25. Civil Petition for Leave to Appeal No.133 of 2006 (From the judgment and order dated the 20th November, 2005 passed by the High Court Division in Civil Revision No.475 of 2001)....... kabala dated 14.03.1961. But the defendant No.1 on some false pleas filed an objection in L.A. Case No.138 of 1967-68 and the defendant No.2 after hearing both the parties failed to take any decision and directed the parties to file civil suit to determine their right, title, interest and ..Category: Property Law | Date: | Hits: 25
Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)
....n, Advocate on-Record-For Respondent Nos. 1 & 2. Not Represented- For Respondent Nos. 3-34. Civil Petition for Leave to Appeal No. 254 of 2006 (From the judgment and order dated 26.1.2006 passed by the High Court Division in Civil Revision No.4600 of 2004.) Judgme......nected papers including the impugned judgment. We do not find any substance in the point raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition ..Category: Property Law | Date: | Hits: 23
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
....Abedin, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 601 of 2005 (From the judgment and order dated the 22nd March, 2005 passed by the High Court Division in Civil Revision No. 2846 of 2001). ......onsider regarding possession. Though when a person is dispossessed from his immovable property he may file a suit to recover possession thereof and the question of title will not be a matter of decision in that suit but in the instant case the trial Court beyond the ambit of Section 9 about ob..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 626 of 2005 (From the judgment and order dated the 8th December, 2004 passed by the High Court Division in Appeal from the Original Order (...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 CLC (AD)
....y AKM Shahidul Huq, Advocate-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petition for Leave to Appeal No. 853 of 2004 (From the Judgment and Order dated April 5, 2004 passed by the High Court Division in First Appeal No. 167 of 1999) Jud......f the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ..Category: Property Law | Date: | Hits: 23
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
....swas, Advocate-on-Record-For respondent Nos. 3-6. Not represented-Respondent Nos. 1-2 & 7-10. Civil Petition for Leave to Appeal No. 3 of 2004. (From the judgment and order dated 15-4-2003 passed by the High Court Division in Civil Revision Nos. 330 and 329 of 1996). ...... of the view that the High Court Division, on proper consideration of the materials on record and applying the correct principle of law as applicable in the present suit, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....ior Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 20 of 2006. (From the judgment and order dated 9-5-2005 passed by the High Court Division in Writ Petition No. 6305 of 2003). Judgmen......5. Hence is this petition. 6. In support of the petition, Ms. Sigma Huda, learned Advocate for the petitioners, submits, inter alia, that the High Court Division committed error in the decision in failing to consider that construction without obtaining sanction according to the provi..Category: Property Law | Date: | Hits: 27
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....d. Aftab Hossain, Advocate-on-Record - For the Petitioners. Not Represented - The Respondents Civil Petition for Leave to Appeal No. 1131 of 2004. (From the judgment and order dated 3-3-2004 passed by the High Court Division in Appeal from Original Decree (FA) No. 147 of 19......f Wards Estate and further, as found by the trial Court, the plaintiffs neither mentioned about any amalnama in their plaint nor they did produce any amalnama before the trial Court; though in the decision reported in 47 DLR 246 it has been held that for the purpose of granting lease of a..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....nstructed by Md. Nawab Ali, Advocate-on-Record - For the Respondent Nos. 1-3. Not Represented - Respondent No. 2. Civil Appeal No. 7 of 2000. (From the judgment and order dated 4-7-1994 passed by the High Court Division in First Miscellaneous Appeal No. 696 of 1991). ...... We are of the view that the High Court Division, on proper assessment of the materials on record and applying the principle of law as applicable in the present appeal, arrived at a correct decision and there is no cogent reason to interfere with the above decision. So, the appeal is dism..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....h him) instructed by Aftab Hossain, Advocate-on-Record - For Respondent No.1. Not Represented - Respondent Nos. 2-4. Civil Appeal No. 361 of 2002. (From the judgment and Order dated May 17, 2001 passed by the High Court Division in Civil Revision No. 2310 of 1996). J......wing the address of Syed Rafiuddin Ahmed incorrectly. It is seen from the judgment of the trial Court the said Court being totally unmindful of the suit as framed proceeded to make decision in the suit as if the same was for making decision as regard title of the parties in suit ..Category: Property Law | Date: | Hits: 31
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
.... Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 144 of 2004. (From the judgment and order dated 7-1-2004 passed by the High Court Division in Death Reference No. 25 of 2001 heard with Crimi......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ..Category: Criminal Law | Date: | Hits: 99
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....—For Respondent Nos. 1(a)-1(i), 3, 4, 6 and 8. Not Represented—Respondent Nos. 1(b)-1(h), 2, 5, 7 and 9. Civil Petition for Leave to Appeal No. 1054 of 2005. (From the judgment and order dated 6-3-2005 passed by the High Court Division in Civil Revision No. 908 of 2001). Judgment ......aintiffs.” 12. The main contention of the petitioners is that the decree of the previous Partition Suit No. 3 of 1953 being not legally considered by the courts below there has been error in the decision. But on our query the learned Counsel failed to substantiate that the moot point raised by ..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....Islam Bhuiyan, Advocate-on-Record - For Respondent No.1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 193 of 2005 (From the judgment and order dated 26th July, 2004 passed by the High Court Division in Civil Revision No. 14 of 1992.) ......vision rejected the said prayer. 3. The learned Counsel for the petitioners submits that the at the time of hearing of the application for rehearing before the High Court Division, the decisions reported in 4 BLC (AD) 102 and 2001 BLD (AD) 236 wherein this Division endorsed the scop..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....d. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-Respondent Nos.7-68. Civil Petition for Leave to Appeal No. 397 of 2005. (From the judgment and Order dated May 12, 2004 passed by the High Court Division in Civil Revision No. 1835 of 1997). J......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....e leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-5. Civil Appeal No. 269 of 2002. (From the Judgment and Order dated November 5, 2000 passed by the High Court in Civil Revision No. 1434 of 1999). Judgment ......ntiff. In support of his contention that when the plaintiff is out of possession of the land in suit his suit for mere declaration of title is not maintainable the learned Counsel has referred to the decision in the case of Dudu Mia and others vs Ekram Miah Chowdhury and others reported in 54 DLR ..Category: Property Law | Date: | Hits: 33
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
..... Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- For the Respondent. Civil Petition for Leave to Appeal No. 1219 of 2006 (From the judgment and order dated 24.7.2006 passed by the High Court Division in Civil Revision No. 4744 of 2000). Judg......nths from the date of knowledge of the pre-emptor respondent No.1. 7. 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 advocate-on-record also could not point out any illegality or infirmity in th..Category: Property Law | Date: | Hits: 22
.... No. 1-7.
Rafique-Ul-Huq, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-Added Respondent.
Civil Petition for Leave to Appeal No. 111 of 2006
(From the judgment and order dated 06.12.2005 passed by the High Court Division in Civil Revision No. 2221 of 2005).
Judgment......1 of the Code of Civil Procedure can be exercised.
5. In the circumstances, we are of the view that the High Court division upon correct assessment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed...
Category: Limitation Law | Date: | Hits: 165
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