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Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......as has been correctly found by the High Court Division. In the case of Abdul Latif Chowdhury Vs. Md. Noor Hossain and others reported in 2 MLR (AD) 298 the Appellate Division held that the purpose of holding analogous trial or hearing of different suits arising out of same properties by a single Cou..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......ppellant Sohel and other incriminating evidence and circumstances were not brought to the notice of this accused at the time of his examination under section 342 of the Code of Criminal Procedure and holding that the non-drawing of those incriminating evidence and circumstances to the attention of t..Category: Criminal Law | Date: | Hits: 84
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
.... first, that the delay in lodging the complaint after 15 days of the occurrence creates sufficient doubt about the prosecution case. Secondly, the complain failed to prove exclusive possession of the disputed plot. Thirdly, conviction was made on the basis of the evidence of DW 3 alone without exami......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....orary injunction but he passed the following order- "in view of the verbal undertaking of the learned Advocate on behalf of the plaintiffs that they would not make any further construction on the disputed suit plot No. 2205 during the pendency of the suit, the application for temporary injunctio......rict Judge rejected the application Linder Order 39 rule 4 and section 151 of the Code of Civil Procedure and dismissed the appeal on the observation that the learned Subordinate Judge was correct in holding that he had no jurisdiction to change or sit on the order of temporary injunction by the App..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
..... MM Ruhul Amin, Munsif, 3rd Court Comilla decreeing the Title Suit No. 359 of 1974 in part, a suit for Specific Performance of Contract, to the extent 0 0.05‑1/4 acre out of 0.06‑1/2 acre of the disputed land. 2. Plaintiffs case in short is that the disputed land originally belonged to one S......l No. 20 of 1977. 6. The learned Subordinate Judge by the impugned judgment and decree dismissed the plaintiff's appeal and allowed the defendant's appeal and thereby dismissed the suit as a whole holding, inter alia, that the plaintiff could not prove the alleged contract for sale of the dispute..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......and the plaintiff used to accept the rents for several months at a time in lump which is evident from the series of rent receipts and in that view of the matter Courts below committed error of law in holding that the defendants were defaulters without considering this aspect of the matter. 20. Mr..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....of the respondents that the writ petition is incompetent inasmuch as the petition was made without first availing of the remedies available under the Act by way of appeal and revision against the disputed orders of requisition. It is true section 4A of the Act as inserted by Ordinance No. III ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....oner within three months from date. There will no order as to costs. Ed. Naimuddin Ahmed J.- I agree with the findings of my learned brother Mohammad Gholam Rabbani, J to the effect that the disputed house in question originally belonged to Abdul Khaleque Khan and that Abdul Khaleque Khan d......11.3.81 when the passport was granted to her at Kabul and thereafter, it is not denied, she came to Bangladesh in 1981. 6. The second ground, in the language of the Court of Settlement, "the case holding cannot be identified at all with reference to the alleged purchase deeds of Abdul Khaleq and..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......peated demands the accused did not pay the price. Petitioner's appeal before the Sessions Judge was also dismissed. On a revision the High Court set aside the conviction and sentence of the appellant holding that there was no initial intention on the part of the accused to deceive. 10. In the cas..Category: Criminal Law | Date: | Hits: 132
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....nants in respect of the holding which was subject matter of the suit for ejectment of the tenants under tenant Syed Ahmed. He continued to argue that as the petitioners have been in possession of the disputed holding as sub‑tenants under Syed Ahmed and running their respective business they are ne......ants in SCC Suit No. 1 of 1986 pending in the court of Munsif, First Court, Sadar, Chittagong shall not be set aside. 2. The learned Advocate submits that they were sub‑tenants in respect of the holding which was subject matter of the suit for ejectment of the tenants under tenant Syed Ahmed. H..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......at during the liberation movement and afterwards the whereabouts of the plaintiff were not known and so the defendants rightly treated the suit property as abandoned property. Hence the Government is holding the property treating the same to be of the plaintiff. If it is declared by the Court that i..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....e aforesaid land (described in schedule 2 to the plaint) the plaintiff was in possession by cultivating and growing paddy and also enjoying fruits. There being no partition by metes and bounds or the disputed land and the plaintiff demanded partition of the same from the defendants. But the defendan...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......manner of application in a proceeding under section 14(2) of the Arbitration Act. 10. He further argued that the court failed to hold that the Arbitrator misconducted himself in the proceedings in holding that Mr. GM Adamjee has power to execute the deed of sale on the face of Article 110(2) of t..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....re, but without compliance of the requirements of the said section. His further contention is that there being no positive finding by the court below as to which party was in actual possession of die disputed land at the time of occurrence, the learned Assistant Sessions Judge acted illegally in det......e sections including section 302 were added. P.W.12, Siddiqur Rahman formally recorded the First Information Report and entrusted one Abdus Samad, Daroga of the Teknaf Police Station with the task of holding investigation into the case. The said Investigation Officer accordingly visited the place of..Category: Criminal Law | Date: | Hits: 86
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....entioned. The learned Sessions Judge, however, acquitted the accused Hilly alias Ashraful Islam Monir (absconding) and Masud having found them not guilty to the charge. The death of Md. Sayeed is not disputed. The question is whether the death occurred at the place, time and in the manner as given o......ing to the evidence of the witnesses to the occurrence, the learned Advocate preferred to make his submission challenging the acceptability of the dying declaration of the deceased for the purpose of holding the appellants guilty of the charge of murder. Mr. Huq pointed out that from the evidence on..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....tion. The appellant failed to suggest any circumstance in cross‑examination to entitle him to benefit of doubt. 11. In this case the death of victim Rahima Khatoon as a result of injuries is not disputed. P.W.3 Dr. Ashrafuzzaman who held the post‑mortern examination over the dead body of Rahi......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....t us now consider how far the natural justice clause that has been incorporated by the proviso of section 32 has been complied with, in issuing the impugned order for removing the mutwalli. It is not disputed before us by the respondents that the petitioner is appointed by the Waqif in the Waqf deed......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......pectively. 8. As to applicability of rule 32, there are two decisions of our Court, namely, 16 DLR 61 (Barhanuddin Ahmed Vs. Veda Brata Chakraborty) and 33 DLR 207 (Moyna Mia Vs. Haji Abdus Samad) holding different views and an obiter dictum in 13 DLR 531 (Saleh Ahmed Chowdhury Vs. Kabir Ahmed) e..Category: Procedural Law | Date: | Hits: 95