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Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....r India in the year 1965 the suit land, at first, became enemy property and subsequently became vested property and government had been possessing the suit land by leasing out the same to differ­ent persons. During the pendency of the suit on 30.5.1999 the respondent Nos.7 to 9, prayed for being ad......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......ion so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..

Category: Property Law | Date: | Hits: 39

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....sar Chowdhury and Ali Ashraf Chowdhury as regard the land of schedule 1 on July 14, 1978, that there having had an order of injunction putting restrain on the transfer of the land in suit the said persons have rescind the agreement for sale, that plain­tiffs suit being a frivolous one the sa......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......t all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..

Category: Property Law | Date: | Hits: 46

Nantu Vs. State, 2007, 36 CLC (AD)

....49 and 201 of the Penal Code on the basis of F.I.R. lodged by one Beauty Begum, wife of Halim Sikdar of village-Charbaria under P. S. Kotwali, District-Barisal at 11.30 A. M. 09-08-1996 against 23 persons for the offence under Sections 147/148/149/342/326/307 and 364 of the Penal Code, alleging,......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ...... the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ..

Category: Criminal Law | Date: | Hits: 37

Malek Gharami Vs. State, 2007, 36 CLC (AD)

....Gharami under section 302/34 of the Penal Code. In due course the records were sent to the Court of Sessions and there Session Case No. 10 of 1996 was registered. 4. At the trial the accused persons, in all 2, were called upon to answer the charge under section 302/34 of the Penal Code. T...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ....... Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ..

Category: Criminal Law | Date: | Hits: 38

State Vs. Matiur Rahman, 2007, 36 CLC (AD)

....ce of theft and the victim was in fact killed by the accuseds went to the police station with a written ejahar against the accuseds but the police refused to record the ejahar on the plea that the persons accused by him will be shown as accuseds in the case already started by the condemned priso......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..

Category: Criminal Law | Date: | Hits: 58

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

....he Pws. namely Badal Sarker, the security officer-in-charge of local Jaba Textile Mill, took the deceased by a rickshaw to Narshingdi Sadar Hospital wherein he made a dying decla­ration to the persons present there narrat­ing the occurrence and disclosing the names of the condemned priso...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......eave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..

Category: Criminal Law | Date: | Hits: 44

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

....ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ......on and the High Court Division by the judg­ment and order dated 31.03.1998 held that Section 28 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 provides that any person interested who has not accepted any award made by the Deputy Commissioner within 45 days from the d......;missed. Ed. This Case is also Reported in: V ADC (2008) 138. ......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

.... the case of Bangladesh Vs. Md. Azizur Rahman reported in 46 DLR (AD) 19 it has been held that: "The term "equality before law" should not be interpreted in its absolute sense to hold that all persons are equal in all respects disregarding different conditions and circum­stances in which t...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......ed in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..

Category: Business or Commercial Law | Date: | Hits: 139

Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)

....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 115. ...... the impugned judgment not sustainable in law and is liable to  be set aside. That as there is no scrap of paper of the plaintiffs to show documentary evidence of possession and P.W.s are all interested could not prove plaintiffs alleged possession of the suit lands in any manner whatsoever......ase is also Reported in: V ADC (2008) 115. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 115. ..

Category: Property Law | Date: | Hits: 27

Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)

....rsed the above judgment and order and granted preemption holding that the sale deeds, on which the pre-emptee relied were created by them collusively showing transfers in favour of some fictitious persons. Then the pre-emptee moved the High Court Division and obtained Rule and after hear­ing......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..

Category: Property Law | Date: | Hits: 21

Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)

.... The quotation must reach the under­signed up to 3 p.m. on 17th March 1987 and all quotations shall be opened on the same date at 4 p.m. at the office of the sell­er in the presence of the persons submit­ting the quotations or their authorised representatives, if any. 6. The se......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ...... to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..

Category: Property Law | Date: | Hits: 33

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ...... 11. A suit for declaration is maintainable under section 42 of the Specific Relief Act as to any legal character or to any right as to any property of the plaintiff if the defendant denies or is interested to deny his title to such character or right. If the above conditions are satisfied, the......all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..

Category: Property Law | Date: | Hits: 35

Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)

.... Jamal Uddin, younger brother Jafur Uddin and  Son Jahurul Huq and other neighbours rushed there and objected to the aforesaid act of the convict petitioners and I others and then the accused persons became furious and the petitioner Asgar dealt a heavy blow with lathi on Jamal Uddin and th......d reduced the sentence of the petitioners. There is nothing to inter­fere. The petition is, accordingly, dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 897. ...... in: IV ADC (2007) 897. ......d reduced the sentence of the petitioners. There is nothing to inter­fere. The petition is, accordingly, dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 897. ..

Category: Criminal Law | Date: | Hits: 43

Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)

....er companions, namely, Sobhan, Abul Kashem, Abdur Rahim and Shahidullah were discussing regarding sale of newspapers in Habib Market, situated in Sector No. 5 of Uttara and at that time the accused persons took them to the embankment of Baowania and that they took away aforesaid Shah Alam Babul ......nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......issed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ..

Category: Criminal Law | Date: | Hits: 36

Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)

.... Hossain, (Manager, Foreign Employment), Mr. Enamul Haque (Manager, Accounts) participated with him for making the above illegal gains the petitioner having refused to involve himself with the said persons in such ill practice they were looking for an opportunity to cause harm to him who was prim......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ...... petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..

Category: Employment/Service Law | Date: | Hits: 71

Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)

....if it is at all necessary" and also to consider the evidence on record afresh "without prejudice to any party" was not legally well founded one since the suit was filed against dead persons and consequently the suit in respect of those persons being not maintainable and that as th......ns made here­inbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......der as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ns made here­inbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..

Category: Property Law | Date: | Hits: 19

Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)

....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......hrough his benamdar the proforma defendant No.4, by several registered kabalas sold some lands in favour of the above defendants on receipt of the entire consideration money which he spent for the education of his son Dr. Badiuzzaman Mallik MRCP; in course of time enmity cropped up between Ataha..

Category: Property Law | Date: | Hits: 63

Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)

....3 acres of land to Dasharath Chandra Malo and plaintiffs mother Kudi Shundari, that land measuring 1.82½ acres is the 'Stree Dhan' of Kudi Shundari. Dasharath sold his property to different persons, that Kudi Shundari sold 36 decimals of land to Kalipada Shaha who sold the same to Manu Ch...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ..

Category: Property Law | Date: | Hits: 22

Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

....uisition and Tenancy Act of Camp Jharakhali J.L. No. 45/80 P.S, Amtali, and rest of the excess land, that is 33.29 acres has been acquired by the Government and the same was settled with different persons. Defendant Nos. 2 to 5 claiming to be lawful heirs of Ismail Gazi after getting themselves ......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......ase is also Reported in: 35 DLR (AD) (1983) 36. ......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..

Category: Trust/Waqf Law | Date: | Hits: 171

Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)

....ant peti­tion has been filed with oblique motive to delay and drag the disposal of the case as previously also a number of applications have been unsuccessfully filed at the instance of accused persons  one after another and that the accused petitioner himself made prayer to transfer the......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......e, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ..

Category: Criminal Law | Date: | Hits: 64