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Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....the learned Single Judge of the High Court Division has rightly refused to interfere with the order of the trial court rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (..Category: Tenancy Law | Date: | Hits: 159
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....ssion thereof; but as to the defendants' claim of settlement from Priyabala, the trial Court rejected the claim holding that the settlement is bogus, void and invalid. Nevertheless, the trial Court dismissed the suit taking the ground that the plaintiffs failed to establish their own claim ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....Jan Khan & others……………Petitioners Vs. Bangladesh and others………Respondents (In Civil Petition No. 310 of 1984) Judgment November 20, 1984. Result: The petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 198..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....d parties. P.M.A. Nos. 475 and 494 of 1981 arose out of Title Suit No. 371 of 1980 and P.M. A. No. 465 of 1981 arose out of Title Suit No.16 of 1981. All the appeals which were heard analogously were dismissed by the Bench of the High Court Division which confirmed the appointment of Receiver by t..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....of innocence, convicted and sentenced five of them including Sattar, the confessing accused. Sattar Mir did not challenge his conviction by appeal, and the appeal flied by these four appellants was dismissed by the High Court Division whose judgment is now under challenge before us. 3..Category: Criminal Law | Date: | Hits: 63
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....ons made by this Court (in Civil Appeal No.129 of 1977 disposed of on April 10, 1978) before remanding the case to the first appellate court may be seen. As previously the first appellate court had dismissed the suit of the plaintiff Bank for the recovery of the sum owed to the Bank by the defend..Category: Business or Commercial Law | Date: | Hits: 139
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
.... 448 of the Penal Code and sentence him to rigorous imprisonment for the period he already served. In the result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....urt of Settlement and that the respondent No.4 (attorney) also filed Case No.160 of 1987 claiming the disputed property as his own and the court of Settlement by the judgment and order of May 6, 1987 dismissed the said case and maintained the inclusion of the property in the list of abandoned proper..Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
.... 8. Thereupon the appellant preferred second appeal before the Income-tax Appellant Tribunal, Dhaka Bench, and Dhaka. By its judgment on 7 April 1976 in I.T.A. No.133 of 1972-73 the Tribunal dismissed the appeal. Its findings were: (1) There is no substance in the contention of the appella..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....dingly and sentenced them to Tk. 100/- each, in default, to simple imprisonment for 3 days. One of them namely accused respondent Abul Kashem, referred appeal before the sessions Judge who however dismissed it summarily taking the ground that no appeal lies, as provided in section 412 of th..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....r conviction of Wazed and Abbas cannot be sustained and accordingly it is set aside. The appeal of appellants Wazed Ali and Abbas Ali is allowed and they are acquitted but that of Hazer Ali is dismissed. The conviction of appellant Hazer Ali Mondal under section 302 of the Penal Code, and th..Category: Criminal Law | Date: | Hits: 52
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
....nded that the impugned order remanding the case would unnecessarily prolong the proceeding when the appellate Court below recorded a finding that the suit was not at all maintainable and dismissed the same. 7. The contention has force. After the death of Mutwalli Abdul Ghani, hi..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....t cannot give a different interpretation on the ground of equity and justice. By majority decision the Appeal is dismissed. - Per Shahabuddin Ahmed J…………….(26) Cases Refe..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....lso barred under section 42 of the Specific Relief Act. Mere declaration without any prayer for consequential relief on payment of ad valorem court fee cannot be entertained. The suit was dismissed by the Additional Court of Subordinate Judge, Noakhali upon holding that the suit w..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....ppellate Court can under no circumstances give him the relief under the provision of Order XLI rule 33. A litigant cannot take undue advantage on the technicality of a procedural law. The appeal is dismissed…………………(14) Cases Referred To- ..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
....se and in view of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ..Category: Criminal Law | Date: | Hits: 45
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
....correct appreciation of law and facts calling for no interference by this Division. In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ..Category: Criminal Law | Date: | Hits: 45
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....ce appearing against the petitioner and therefore there is no room for interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ..Category: Criminal Law | Date: | Hits: 35
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....not yet been released from the list of vested property. In view of the above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....e and in view of the discussion made above, we are of the view that High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..Category: Criminal Law | Date: | Hits: 45