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Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......ht and then the landlord Ambika legally made the suit land khas, and his son Monindra settled the suit land orally to the plaintiff after the death of Ambika. The appellate court has relied on two documents, namely, a certificate from the local Chairman marked Ext. X and the voter list of the lo..Category: Property Law | Date: | Hits: 26
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
....ritten agreement for sale, that the defendant Nos.1 and 2 on the basis of said agreement for sale obtained a demand draft in favour of defendant No. 7 for the price of the fertilizer from the bank as against the loan sanctioned in the name of said defendants, that while the defendant Nos.1 ...... by its sanction letter dated 16.7.1995 allowed loan of Tk. 5,00,000/- by way of Cash credit (hypothecation) and Tk. 30,00,000/- by way of Cash Credit (pledge) and the loanees executed charge documents in favour of the Bank, that proprietors (defendant Nos. 3 and 4) of M/S Chowdhury Tr..Category: Civil Law | Date: | Hits: 121
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......sheet, there is no other material produced before us including the statements of witnesses recorded under Section 161 or 164 of the Code which were presumably before the trial Court being the documents sent with the record on perusal of which the said court passed the impugned order. In the..Category: Criminal Law | Date: | Hits: 47
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......ed or discarded Ext.1 and Ext. 1 (ka) as well as Ext. 5 to 5 (ga) (plaintiff's kabalas) committed gross error in not declaring the title of the plaintiffs to the extent of the land covered by those documents if not in respect of 'gunjaish'. 8. Plaintiffs filed the suit seeking declaration ..Category: Property Law | Date: | Hits: 24
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ows:- "138. Dishonour of cheque for insufficiency, etc. of founds in the account.- [1] Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned b......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..Category: Business or Commercial Law | Date: | Hits: 138
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......nbsp; decimals of land to Mosammat Mahela Khatun by Kabala No. 5991 dated 13.4.1968 and Mahela Khatun then sold his 3½ decimals of land to him ( the respondent No. 6) by two registered documents dated 5.3.84 and since then he has been in possession of the above 3½ decima..Category: Property Law | Date: | Hits: 29
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
.... Moksudur Rahman in Arbitration Miscellaneous Case No. 79 of 1994 a Rule of the Court. 2. The short fact leading to this appeal is that the appellant invited tender for construction of an embankment at 13.65 Kilo Meter in order to save the greater Dhaka City from flood. The respondent sub......their evidence both oral and documentary. No objection was raised either against the first Arbitrator or against the second Arbitrator before them or in the Court. The appellants produced all their documents before the Arbitrator and also led oral evidence from which it cannot be found that Mr. M..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149....... owners of Hardeo Glass, Aluminum. Enamel and Silicate Works as non-agricultural tenants in the in the lands of the respondents and the High Court Division acted illegally in not considering the said documents though filed as annexure to the affidavits in opposition filed by the appellants of both t..Category: Tenancy Law | Date: | Hits: 148
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......h Court Division upon affording opportunity to the writ petitioners to controvert the contents of the papers i.e. Affidavits affirmed by the officials denying the genuineness of their signatures in documents relating to allotments and explaining the circumstances in the background where of ..Category: Property Law | Date: | Hits: 27
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......the notice under section 89 (4) of the State Acquisition and Tenancy Act shown to have served is a subsequent creation for the purpose of filing pre-emption case and there remains variation in the documents filed before the Court and both the Courts below held that same as fraudulent document bu..Category: Property Law | Date: | Hits: 30
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....y. Accordingly, on 25.3.1997 the accused respondent issued a cheque of Tk. 5 lacs in favour of the complainant. The cheque was dishonoured on 29.3.1997 6.4.1997 and 16.4.1997 by the concerned bank with the comment of not having sufficient fund in the account. The complainant sent a leg......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ..Category: Criminal Law | Date: | Hits: 45
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
.... 1 (one) year more. 2. The prosecution case, in brief, is that one Amir Ali Khan, son of P.W. 1, Abdul Barek Khan on 14-07-1984 at 10.00 a.m. went to Dhaka for withdrawal of money from the bank, but on the same day he did not return and subsequently, P.W. 1 along with his relations searc......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ..Category: Criminal Law | Date: | Hits: 36
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......ts have also succeeded in proving the sale of the land of the suit Khatian to the defendants, plaintiffs as heirs of Kurban Ali and also to others by proving the sale deeds and other documents including the rent receipts showing possession of the defendants in the suit land vide Ex..Category: Property Law | Date: | Hits: 25
Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
.... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ...... 1992, 24 of 1992, 30 of 1992 and 31 of 1992 which were also heard analogously and all the appeals were allowed by the same judgment. 5. Both the parties adduced witnesses and exhibited documents to prove their respective cases and upon hearing the parties the learned Assistant J..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......living there with his family; the defendants had no possession in the suit land before dispossessing the plaintiff. Thereafter the plaintiff filed a criminal case against the defendant No.1 and the documents of the defendants were challenged and it was kept in safe custody which case was dismissed..Category: Property Law | Date: | Hits: 26
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
.... 2. The plaintiff-respondents instituted Title Suit No. 239 of 1997 in the Court of Subordinate Judge, Artha Rin Adalat No.4, Dhaka alleging, inter alia, that the plaintiff is a public limited banking company incorporated in Bangladesh under the Companies Act, 1913 and carrying on banking bu......lso executed and registered separate power of attorney. Over and above, the defendants deposited the memorandum, title deed, affidavit, power of attorney, deed of agreement and other connected documents together with original documents as collateral security. Defendants also executed p..Category: Banking Law | Date: | Hits: 97
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
.... 01-08-2004 passed by a Single Judge of the High Court Division in Admiralty Suit No.13 of 2001 rejecting and application for direction upon the respondent No.9 Mongla Port Authority to release the bank guarantee No. 02/2003 dated 24-03-2003 amounting to Tk. 2,54,86,000/- issued by Janata Bank, ......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
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....e eyes of the Abdul Mannan. The accused persons then took Abdul Mannan on a trawler, which moved through river and canal and at 5.30 p.m. placed Abdul Mannan on outer courtyard of his house on the bank of a canal, Abdus Sobhan Howlader (Pw.1) came to his house at 6.00 p.m. along with Mohiuddin a......the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ..Category: Criminal Law | Date: | Hits: 32
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