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Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....he learned Judges of the High Court Division remanded the suit for a fresh trial purportedly on the ground that the suit involves complicated question of title as the Kabala deed dated 19.10.1995 was disputed by the defendants and in view of the findings of the appellate court below as regards the r......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ......passed in Writ Petition No.5344 of 2005 disposing of the Rule directing the learned Judge of the Artha Rin Adalat No.1, Dhaka for passing necessary orders for setting aside the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the respondent No.3..Category: Civil Law | Date: | Hits: 191
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....of inssuance of legal notice after the last occasion of dishonouring the cheque by the Bank concern with the endorsement "not arranged for and refer to the drawer" and on the face of dishonour of the disputed cheque and non-response to the demand for payment against dishonoured cheque we find crimin......aside the judgment and order dated 27.7.2002 passed by the Metropolitan Magistrate in C.R. Case No. 359 of 2002 in respect of the case filed under section 138 of the Negotiable Instrument Act, 1881, holding that the complainant failed to file the case within the stipulated period and the learned M..Category: Criminal Law | Date: | Hits: 163
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....d defendant Nos.16 and 17 by accepting their written statement contested the suit. Their case, in brief, inter-alia, is that before the C.S. record, Danu alias Danej Moral was the sole owner of the disputed land in respect of 'Ka' schedule land and before the C.S. record, Danu Moral had two sons......s. and from documentary evidences it is evident that Panchu Moral inherited the share in the Ka, Kha and Ga schedule land from Danu Moral but the High Court Division committed error in holding that in Title Suit No.413 of 1986 Jongal Moral failed to prove his relationship with Danu M..Category: Property Law | Date: | Hits: 90
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ...... not been done. 5. We find substance in the submissions of the learned Advocate on the materials on record and in view of the submissions, the case be send back to the court below for holding trail afresh in accordance with law upon condonation of delay. 6. According, the lea..Category: Criminal Law | Date: | Hits: 126
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......heir judgment and order 30.07.2003 made the Rule absolute and directed the respondents to give the work order and licence to the writ petitioner within 2 weeks from the date of receipt of the order holding, inter-alia, that the action of the respondent No.4 was contrary to the principle of Admin..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......sel next submits that the High Court Division erred in construing the order of termination of service of the respondent as decided upon by the Syndicate of the University in its 77th meeting, and holding that there was stigma against the respondent in deciding termination of service under Sectio..Category: Employment/Service Law | Date: | Hits: 118
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......ting the plaintiff respondent to revalue the suit in its correct perspective for the purpose of court fees and jurisdiction. He further submits that the High Court Division committed illegality in holding that there is no objective standard of valuation of the suit having regard to the nature of..Category: Employment/Service Law | Date: | Hits: 104
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......tition the suit land in future after the death of the executant. 6. Mr. Abdur Razzak, learned Counsel of the petitioner, has submitted that the High Court Division committed error of law in holding the settlementnama intended for partition after the death of Abdul Hakim Chowdhury is inval..Category: Property Law | Date: | Hits: 97
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....ntion of the expression as available in 19Ka, 19Kha and 19Gha. 31. In 19Ka the expression as available under the heading "Duration of resolving case" (Translated from Bangla to English) it is not disputed that the same provision is meant only for the trial Court or Tribunal where trial is suppos......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......took up investigation, visited the place of occurrence, prepared sketch map with separate index thereof, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the witnesses an..Category: Criminal Law | Date: | Hits: 68
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ls 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) 981....... decimals out of 2.26 acres of land under section 96 of the State Acquisition and Tenancy Act which was sold by the kabala deed dated 27.1.1973 on the allegation that she is a co-sharer in the case holding by inheritance being one of the heirs of Torap Ali. Torap Ali died leaving his wife Nesa Bib..Category: Property Law | Date: | Hits: 61
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......posite party Nos. 4-19 praying for pre-emption of the case land under section 96 of the state Acquisition and Tenancy Act alleging, inter alia, that the pre-emptors are co-sharers in the case holding by inheritance and also by purchase and the pre-emptees are stranger purchasers. It is also..Category: Property Law | Date: | Hits: 44
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......e for interfering with the judgment of the trial Court and that memorandum of appeal also does not disclose in which respect the trial Court was in error or committed illegality and thereupon holding that the judgment and decree of the trial Court does not call for interference dismissed th..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....viction was set aside by the High Court Division in Criminal Case No. 212 of 1983 which was affirmed by the Appellate Division. In his written statement the defendant No. 5 contended that the disputed heba-bil-ewaz executed by Dr. Sadeq Ali in favour of defendant No.1 was genuine and the p......83 and as such the suit is hit by the principles of waiver, acquiescence, estoppel and limitation. 6. As it appears the High Court division rejected the revisional application summarily holding that it is the concurrent finding of the Courts below that the defendant No. 1/ petiti..Category: Property Law | Date: | Hits: 87
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......he petitioner, and perused the petition, the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division made the Rule absolute holding that under the scheme of the Wakf Ordinance 1962 when a final order is passed by the Adminis..Category: Trust/Waqf Law | Date: | Hits: 518
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... 10. The High Court Division in respect of the contention of the parties relating to the Ext. A which was also marked as Ext. 2 has observed" since the genuineness of Ext. A has not been disputed by the plaintiff-respondent the same, in our view, should be accepted as genuine. Mor......ting the defendant No.1 as to the fact as alleged by her as to obtaining her signature in Ext. 1 by force. In that state of the matter we are of the view High Court Division was in serious error in holding that the Ext.1 is not a genuine one since signature of the defendant No.1 thereon was obta..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....eize the goods acting on the purported authority of the Notification dated 23.8.72. This was resisted by the Customs Officer and the quarrel was initially over the question of jurisdiction. It is not disputed by the respondent that the initial question was the question of jurisdiction. In other word......emplated by the Act or when no such enquiry and investigation has at all been undertaken by the Customs Authority. The former begins when the latter has ended or did not at all start and the time for holding the enquiry has expired. The time for such enquiry and investigation under the Customs Act b..Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......ch are annexed to the leave petition. We have also considered the submissions of the learned Advocate appearing for the leave petitioner to the effect that the High Court Division was wrong in not holding that a literal interpretation of the provision for payment of decreetal amount within year ..Category: Civil Law | Date: | Hits: 99
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved 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) 862. ......by the Joint District Judge and Artha Rin Adalat, Sylhet, who by the judgment and decree dated 22.7.2002 dismissed the appeal and remanded the suit to the trial court for the limited purpose of for holding local inspection of the suit land. 5. Being aggrieved and dissatisfied with the afo..Category: Property Law | Date: | Hits: 41
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