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Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......earned Counsel appearing for the petitioner submitted that the High Court Division wrongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interest in the suit property bein..Category: Property Law | Date: | Hits: 24
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
.... for the petitioner submitted that the office of Chairman of No. 3 Thakurkona Union Parishad has fallen vacant as the petitioner was declared disqualified to hold the post for being a defaulter of bank loan in Writ Petition No.455 of 2003 by High Court Division and in the circumstances Rule 9(3)......ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ..Category: Election Law | Date: | Hits: 116
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......the defendant 7 and 8 and thus the defendant No.1 sold in total 1.08 acres of land, though he was left with only 1.06 acres of land. Besides that the defendant No.1 subsequently executed some other documents in favour of defendant Nos. 8, 10 and 11 though at that time he had no longer any saleab..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......'s length could be set aside by a fresh action on the ground that perjury had been committed in the first action or that false answers had been given to interrogatories, or a misleading production of documents, or of a machine, or of a process had been given? There are hundreds of actions tried ever..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......the learned Judges of the High Court Division having gone through the first information report, post mortem report, charge-sheet and the deposition of the witnesses and having not considered those documents and confining themselves only to first information report and the police report have comm..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ...... to implement the remedial measures as contained in Annexures-E and H to the writ-petition, one of which is summary and the other letter of the Attorney-General to the respondent, inasmuch as those documents have no force of law to be regarded as a decision of the Government. 12. Mr. TH Kh..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......t of Rativan's free will and that had the Heba-bil-ewaz deeds been not executed and registered by her without understanding the nature of the transaction and of being unaware of the contents of the documents, Rativan Bibi would, in the normal course of conduct and behaviour, have taken exception ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ....... The trial Court on consideration of the materials on record decreed the suit with the finding that no paper has been filed by the defendants to establish that plaintiff is their tenant, that the documents showing transfer and re-transfer of the land in suit by the plaintiff and Shafion Nessa b..Category: Property Law | Date: | Hits: 36
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......ammad Ali made observation appearing at page 116 of the paper book. 45. He then refers to Annexure-IV appearing at pages 118-119 in the paper book and submits that upon consideration of the documents including Annexure-I the High Court Division concluded: "We find from th..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......ed in the said agreement dated 13-9-76. It was stipulated in the said agreement, inter alia, that the balance of the consideration would be paid by nine equal yearly instalments, whereafter proper documents of transfer would be registered and that the seller would be entitled to a penal interest..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... including its Preamble show the Principles and Ideals for which our national martyrs sacrificed their lives and our brave people dedicated themselves to the said war. Essential features of these documents are People's Sovereignty, Constitution's supremacy, Independent Judiciary, Democratic ..Category: Constitutional Law | Date: | Hits: 1934
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....Shariatullah. On the following morning he went to the Police Station and lodged Ejahar against the appellants. After 4 days Shariatullah was recovered in an unconscious state from a char on the river bank near Aftabi Bazar. Shariatullah then narrated that he had been abducted, bound hands and feet......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......to the kabala of Bazlur Rahman, it was not available in the record but evidence of P.W.1 is that he had submitted the kabala to the trial Court, and the Order-sheet of the trial Court shows that some documents were also produced by P.W. 1. But these documents were not marked as Exhibits though these..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
.... property, and the mortgagor, at the time of redemption, is bound to pay the interest also, and not the principal debt alone. Clause 3 in the mortgage-deed settles the issue. It is linked up with the bank rate- and the borrower in his executed mortgage deed clearly stipulated that he will pay the ra......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......fore us that the suit for permanent injunction has already been decreed. 11. Both the parties are claiming title and possession to the disputed holding on the basis of purchase by registered documents. Both the sides adduced oral evidence in respect of their possession and the informant p..Category: Criminal Law | Date: | Hits: 59
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......on—the Government and its officials by First Appeal No. 90 of 1979—and Defendant Nos. 5-11 by First Appeal No. 46 of 1980. The learned Judges on re-assessment of the evidence held that the main documents in support of the amicable partition, namely the declaration (Ext. 16) and the judgment ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......1 purchased their shares by three registered kabalas Exts. A and A (1) dated 13 March 1978 and kabala Ext. A (4) dated 28 April 1978. These kabalas, according to plaintiffs, are false and collusive documents executed by fictitious persons as Aider Sk. had no daughter like Unar Ma'. On the strength..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......ge only for about 2 years before the institution of the suit." Plaintiffs purchased the suit lands in 1972 and filed the suit in 1974 and curiously enough the plaintiffs did not produce their documents of purchase before the Court. The Appellate Court below observed, “The presumption is ..Category: Property Law | Date: | Hits: 36
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