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Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e is not aware whether the Master of the vessel had lisence. The witness has stated that there might have no pilot of the vessel on the date of occurrence. P.Ws. 2-4 who claimed to be the persons of the locality have stated that the accident took place "when the sun was about to r......efendant Nos.1 and 6) that about the time of accident evidence of P.Ws. 1,2-4 and 5 is hearsay evidence and the evidence of P.W.6, an employee of the plaintiff No. 1 is the evidence of an interested witness and consequently plaintiffs having had failed to establish by the evidence of r......er as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......e 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: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....tlement Jitu Mondal enjoyed the land so taken settlement by growing crops and that also paid rent, that Jitu Mondal died leaving 2 sons, 2 daughters, and by amicable partition amongst the said persons Jitu Mondal's son Gudar All relinquished his right in respect of the land of plot No. 837,......dants, case of 'Istafanama' by Jairuddin. The appellants tried to establish their case of settlement through the evidence of D.W. 3. It has also been mentioned hereinbefore that he is not a disinterested witness, rather interested witness being nephew of Jitu Mondal through whom the defenda......Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....st 5 employees including the plaintiff with the finding that the said employees misappropriated materials of the WAS A and thereupon plaintiff and thereupon issued show cause notices to the said 5 persons including the plaintiff, that as per the disciplinary rules as the proceeding initiated cou......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......007) 646. ......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ..Category: Employment/Service Law | Date: | Hits: 64
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
....d Aminur Rahman, Dulal and Shirajul Islam were men of bad character and they used to tease her on various ways in order to have illegal sex with her. Being failed they in collusion with other 10/12 persons plotted a conspiracy and on the night following 27.06.2002 at about 9-00 P.M. one of the a...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....about presence of police in the area tried to flee away and at that time deceased S.I. Amzad caught hold of him and thereupon accused Mukul raised hue and cry for help and thereupon the other accused persons and the relatives of Mukul proceeded towards the place of occurrence with lathi etc. and tri......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......ccordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ..Category: Criminal Law | Date: | Hits: 73
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....of the pre-emptor Md. Jasimuddin the case land was sold to the pre-emptee Md. Dewan Ali. It is also contended in the written objection that the pre-emptor Md. Jasimuddin in presence of respectable persons of the locality including Mohammad Ali, O.P.W.2, refused to purchase the case land and pres...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ...... MLR (AD) 2008, 198; V ADC (2008) 320. ...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ..Category: Property Law | Date: | Hits: 32
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....st and did many things during his life time for the advancement of education. Before his death he expressed his desire to donate his eyes after his death for the purpose of placing cornea to blind persons and as per this desire after his death his eyes were collected by the doctors and those wer......o safeguard the interest of those influential persons the respondents with a malafide intention have decided to acquire the land on the other side of the road and being illegally influenced by some interested persons the respondents have decided to include the land of the petitioner and he......ed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......d has been developed over a period of last 30 years. 3. Late A. R. M. Inamul Haq father of the petitioner was a philanthropist and did many things during his life time for the advancement of education. Before his death he expressed his desire to donate his eyes after his death for the purp..Category: Property Law | Date: | Hits: 31
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....n; Enamul Hoque, the husband of defendant respondent No.1, concocted two ewaznama deeds collusively and fraudulently showing Monoranjan Dey and Chitta Ranjan Dey, who are fictitious and nonexistent persons, as the heirs of Gunamala; Gunamala had no such heirs named Monoranjan and Chittaranjan and......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......AD) (2009) 116; 13 MLR (AD) 2008, 168. ......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..Category: Property Law | Date: | Hits: 33
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
.....6.1972 Ambagan Bastuhara Sarnity was permitted to reside therein temporarily; the accuseds mentioned in the FIR tried to grab the said property by showing lease of the same in favour of some fake persons and at their instance, two persons, Motahar Ali and Mokter Ali, on the basis of two alleged......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......ference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..Category: Criminal Law | Date: | Hits: 43
Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ...... dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ..Category: Employment/Service Law | Date: | Hits: 83
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....g inter-alia, that he purchased the case house described in the schedule of the petition of complaint vide registered deed No.1558 dated 20-06-1991 and he has been possessing the same. The accused persons created a forged deed on 17-04-2000 with an intention to grab the properties of the complai...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......o appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..Category: Criminal Law | Date: | Hits: 39
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......nce the ink therein appeared to the appellate Court fresh and that scribe of the Amalnama was not examined and also the finding of the appellate Court that the witnesses of the defendants were highly interested. The High Court Division also noticed the finding of the appellate Court that Hanif Sarke...... petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ...... 4.The High Court Division by its 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...... Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ...... while she was sleeping in the night before and the miscreants had come to take away the ornaments from her person and that the respondents have been falsely implicated in the case at the instance of interested business rivals. 6. The Sessions Judge after consideration of the evidence on record c......pellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
.... The accused No.1 dealt a lathi blow on the belly of Saker Ali. At the cry of PWs 1 and 2 the witnesses rushed to the place of occurrence and saw and heard narration of the occurrence. The accused persons at the approach of the witnesses fled away. 3. The defence plea is that the alleged,......tnesses are related to the complainant and there was bitter enmity between the victim and the complainant and, as such, it is required that there should be some corroboration by disinterested witnesses. There is no corroborative evidence in the present case to generate confi...... Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....bout the identity of the elector issue to him a ballot paper. Mr. Rafique-ul-Huq then refers to Article 29 which provides that the Presiding Officer shall exclude from the polling station all other persons except any person on duty in connection with the election, the contesting candidates, thei......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......urt Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Moulana Delwar Hosain Saydee………………&hel......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....rved that he was not acting as a District Judge but as persona designata and refused to implead them. He found that the Mela Committee had violated the terms of the trust deed, and so appointed three persons as-the members of the Mela Committee. Against this order a revision was taken by the present...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....ation which was forwarded to the respondent No. 2 on December 15, 1976, he fixed December 18, 1976, as the last date of submission of nomination papers. The nomination papers of all the seventeen persons including the appellant were rejected by respondent No. 3 after scrutiny on December 20, 19......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ...... the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......oner is claiming title to the suit house as heir of defendant No.1 and he is in possession of the house and paid rent of the suit land and Municipal Tax of the house. So the petitioner is highly interested person in this suit. In the above facts and circumstances, we cannot discard the peti�......ourt is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... 2. Prosecution case, in brief, is that the informant on the murder of his brother, Abdul Khaleque, lodged the FIR on 31-10-1990 under section 302 of the Penal Code implicating some accused persons and suspected 14 accused persons as assailant of his brother. Police after investigation su...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ......vation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..Category: Criminal Law | Date: | Hits: 50
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