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Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....he plaintiff. The appeal is, therefore, allowed with­out any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......s. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......issioners which would be apparent from the reports and the tender documents. Mr. Mahbubey Alam contended that the learned Joint District Judge on a thorough consideration of the reports with the oral evidence on record rightly came to a definite finding that these reports are apparently perfuncto­r..

Category: Civil Law | Date: | Hits: 73

Shahidullah and others Vs. State, 1991, 20 CLC (HCD)

....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......eceipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ...... and accusation under section 25B(2) of the Special Powers Act was framed against the appellants and to prove the accusation five witnesses were examined. The Special Tribunal on consideration of the evidence on record found the appellants guilty of the accusation under section 25B(2) of the Special..

Category: Criminal Law | Date: | Hits: 60

Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)

....s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......ent February 28, 1991. Result: The Rules are discharged. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 DLR 7; Ali Hussain Vs. Rafique, 1977 PLD Lah 419. Lawyes Involved: AKM Asaduzzaman, Advocate ‑ For the petit......by this Division in exercise of its power inasmuch as by the order complained of, in my opinion, no failure of justice has been occasioned. Order 8 rule 1(2) empowers a defendant to put a document in evidence in support of his defence or claim, although he did not file the written statement with the..

Category: Property Law | Date: | Hits: 79

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......egal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......sposed of according to such Rules, the Revenue‑Officer shall finally frame the record and shall cause record to be finally published in the prescribed manner and the publication shall be conclusive evidence that the record has been duly prepared or revised under this Chapter. So after the forum of..

Category: Property Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......e is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......hen the appellant took action against said Rezia Khatun the informant in connivance with Rezia Khatun hatched upon a plan and initiated the present proceeding. The trial Court on consideration of the evidence on record found the appellant guilty of the charge levelled against him and he convicted an..

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619.......Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619.......hown any document and the names of the witnesses were not disclosed to him nor even the names of the members of the Inquiry Committee. The petitioner was not given any opportunity to see what was the evidence recorded against him and he was not allowed either to cross examine or to confront the witn..

Category: Civil Law | Date: | Hits: 159

Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......ivision calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535....... Sessions Case No.23 of 2001and was charged under sections 302/149/379/380 of the Penal Code to which he pleaded not guilty and claimed to be tried. 3. The prosecution case, as it appears from the evidence of P.W.1, the informant was that on 19.05.1998 when his nephew, Aslam Ali (the deceased) de..

Category: Criminal Law | Date: | Hits: 52

Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)

.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......ment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ......he charge. Twelve witnesses were examined by the prosecution and the accused were examined under Section 342 of the Code of Criminal Procedure when they again pleaded not guilty, but did not lead any evidence. After considering all the evidence and materials on record, the learned Additional Session..

Category: Criminal Law | Date: | Hits: 52

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......ition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......w in dismissing the appeal in failing to consider that the tripartite agreement has not been rescinded and since the plaintiff is willing to perform its part of obligation, in the absence of contrary evidence, it is enti­tled to a decree for specific performance. He further contended that the High ..

Category: Civil Law | Date: | Hits: 93

Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)

....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......ed by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......e and the gun which were kept concealed by the slide of a fuel tank in presence of the witnesses. 3. In course of the trial of the case, the prosecution has examined 14 witnesses. Besides the oral evidence, the prosecution has also relied upon the confessional state­ments of accused Mouza Ali an..

Category: Criminal Law | Date: | Hits: 64

Bangladesh Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers, 2011, 40 CLC (AD)

....ring the plaintiffs' title in the suit land." Petitioner is permitted to prepare the paper book out of Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ......Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ......31 to K.O.S. Samity and the defendant as president of the said Samity took lease on the basis of D.C.R. and the Samity is in possession of the suit land. 6. The trial Court on consideration of the evidence on record decreed the suit by its judgment and order dated 23rd June, 1984. On appeal from ..

Category: Property Law | Date: | Hits: 76

Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)

....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ...... Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......ner transferred the suit land in his favour by deed dated 10th March, 1997 and that he has been in possession of the same of pay­ment of rent and taxes. 3. The trial Court on consideration of the evidence on record by judgment and order dated 16th November, 2000 dismissed the suit. On appeal fro..

Category: Property Law | Date: | Hits: 87

Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)

.... above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......ly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......ivision without considering that in the instant suit being a suit for permanent injunction neither the Court of Appeal below nor the High Court Division passed the decree on consideration of the oral evidence on the points of possession of the plaintiff in the suit land. 5. In view of the provisi..

Category: Property Law | Date: | Hits: 50

Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)

....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......it, land has not been divided or partitioned on metes and bounds and that the Appellate Court below erred in decreeing the suit without discussing and considering the depositions of the witnesses and evidences adduced and produced in the case by the respective parties and that the Appellate Court be..

Category: Property Law | Date: | Hits: 60

Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)

....ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ...... No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......opportunity of being heard and that the Madrasha Board did not approve the dismissal order of the plaintiff passed along with the four teachers and that the appellate Court below did not consider the evidence of the plain­tiff available on record. 8. We have heard the learned Advocate and peruse..

Category: Employment/Service Law | Date: | Hits: 55

Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)

.... non consideration of evi­dence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Mohammad Ali Sheikh others.................................Respondents Judgment July 22, 2009. Result: The petition is dismissed. Lawyers involved: M.M. Abdul Quayum, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For ......n the municipal area and that the finding of facts arrived at by the lower appellate Court whether concurrent or not, is final unless it is materially perverse and non considera­tion of the material evidence. The learned counsel for the petitioner could not also point out any misreading or non r..

Category: Property Law | Date: | Hits: 64

Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)

....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......ave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......he appellate Court below observing, amongst others, that “P.W.1 Nowab Ali the plaintiff No.1 deposed that they are in continues possession in the suit land by paying rent to the government. His evidence regarding possession were corrobo­rated by the other two local witnesses. Although they we..

Category: Procedural Law | Date: | Hits: 57

Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)

....ivision on the point of limita­tion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ...... is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......low ignoring this admitted fact set aside the judgment and decree passed in Title Suit No. 138 of 1969. The Court of appeal below being the final Court of fact without at all considering the material evidence and other materials on record maintained the decree on the rea­sonings that the respondent..

Category: Property Law | Date: | Hits: 62

Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)

....ioner, first of all, contended that the learned appellate Court as well as the learned trial Court considered certain oral evidence in contravention of the express provision of law and relied on such inadmissible evidence in order to come to the impugned finding and decision. In elaborating his subm......ted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......ent when the deed was written. He also stoutly denied having fraudulently got the deed of Hiba‑Bil‑Ewaz scribbled and got it executed and registered by the plaintiff. 5. After considering the evidence adduced by both the parties in the surrounding circumstances and after hearing the parties ..

Category: Property Law | Date: | Hits: 87

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......o them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......property vide notification in the official Gazette. Sub‑section (2) of section 5 of Ordinance No.LIV of 1985 provides as follows: "The lists published under sub‑section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in t..

Category: Property Law | Date: | Hits: 89