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Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......cumstantial evidence adduced is not inconsistent with his innocence. Considering the entire evidence and facts and circumstances of the case the Courts below committed no illegality in holding that the aforesaid evidence was sufficient to implicate the appellant Hazer Ali in the murd..Category: Criminal Law | Date: | Hits: 52
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......h dismissed the appeal. 4. Being aggrieved plaintiff-appellant moved this Court and obtained special leave to appeal on the contentions as to whether the High Court Division was wrong in not holding that section 9 of the State Acquisition and Tenancy Act as amended by the Ordinance N..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......on 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 was barred under Rule 161 of the Defence of Pakistan Rules and section 8..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......ties according to justice, equity and good conscious. 12. In the case of Latchandhora Vs. Chinnavadu, AIR 1963 Andra Pradesh 31 in a partition suit the trial Court decreed the suit holding that the items 3 and 4 as joint family property. On appeal by the defendants, though n..Category: Property Law | Date: | Hits: 38
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....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. ......im as witness No. 7 in the charge sheet. 5. After receipt of the charge sheet, the Magistrate transmitted record of the case to the court of the learned Sessions Judge, Chittagong for holding trial. On receipt of the record of the case, the learned Sessions Judge, Chittagong regist..Category: Criminal Law | Date: | Hits: 35
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....petitioner was but available but the police after investigation submitted charge sheet against the petitioner. The petitioner was a lessee under the Government and he also was in possession in the disputed property, The petitioner was paying rent to the Government and subsequently he has pur...... 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
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here 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: VI ADC (2009) 338. ...... and the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court Division dismissed the appeal filed by the petitioners holding that the eye witnesses namely the P.W.4, P.W.5, P.W.7 and P.W.8 in a voice stated that the ..Category: Criminal Law | Date: | Hits: 38
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division found that the subject matter of the writ petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil cou......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..Category: Civil Law | Date: | Hits: 113
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......f car parking spaces and as soon as the new plan is approved said revised plan of 1998 is no longer valid. 15. The High Court Division by the impugned judgment and order discharged the Rule holding that the impugned notices became infractuous. 16. Being aggrieved by the judgment a..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......i sold out the case land to the pre-emptee No. 1 and 2 on acceptance of proper consideration of money at the mediation of the pre-emptor. The pre-emptor also sold .48 acres of land out of the case holding to the pre-emptees by a kabala dated 05.09.1990. After purchase of the case land by th..Category: Property Law | Date: | Hits: 33
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....ich was not at all considered by the trial Court, inasmuch as, the plaintiff did not deny that she did not put her thumb impression on the deed rather she admitted the thumb impression on the disputed deed as her own thumb impression but she stated that those taken without under standing th......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....ion of the evidence the learned Munsif found the deed of heba-bil-ewaj to be genuine one. He then noticed utter discrepancy of evidence regarding the time, place and manner of execution of the disputed kabala and also the facts that the defendants refrained from getting the kabala registere...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......rnment had no obligation to disclose the basis of treating the property as an abandoned property. Leave was also granted to consider whether the High Court Division fell into an error in holding that the property in question was not an abandoned property without giving any finding as t..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ...... fresh appreciation of evidence. That is not its funcÂtion in the revisional jurisdiction. 10. The learned Judges of the High Court Division appears to have clearly fallen into an error of law in holding that the alleged kabinnaÂma (not even formally proved and marked exhibit) supports the plai..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....efendant respondent the full relief in a summary manner without giving any opportunity to the plaintiffs to place their case in support of the trial court's order. 8. On consideration of the disputed question raised by both the parties the trial court in the interest of a fair settlem......vision without issuing any Rule in the matter and in absence of the plaintiffs disposed of that revisional application by the impugned judgment and order, setting aside the order of the trial court holding inter alia, that the trial Judge upon taking an absolutely erroneous view on the Ward Comm..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned disÂtrict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......on under order XLI Rule 19 of the Code of Civil Procedure, Misc. Case No. 1 of 1992, for re-admission of the appeal. The learned District Judge by an order dated 24.5.92 dismissed the said Misc. Case holding, inter alia, that the case was barred by 19 days and that the defendant appellants could not..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......uarter and that upon giving him all possible opportunities he was legally removed from service. The Lower appellate Court, however, reversed the decree of the trial Court and decreed the suit holding that for unauthorized occupation the standard rent could be charged against him under the ..Category: Employment/Service Law | Date: | Hits: 69
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....sp; 685 was requisitioned and it was not acquired at any time and as such at all time title remained with the plaintiffs' vendor. 14. The learned Counsel appearing for the Respondent No. 1 has not disputed the fact that the land requisitioned upon initiating L.A. Case No. 91 of 1957-1958 has not ......neither any of the parties in the suit asserting that. 85 acre was acquired, nor the courts below coming to a finding of acquiÂsition of .85 acre, the High Court Division comÂmitted error of law in holding that the vendor of the plaintiffs had no saleable interest upon a misconception that “হà..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....ettlement Case No. 2014 of 1984-85 on 8.7.85 is illegal, void and not binding upon the plaintiffs. 2. Plaintiff-respondent Nos.2 and 3 institutÂed the aforesaid suit stating, inter alia, that the disputed land originally belonged to Monu Miah who subsequently by a deed of gift dated 7.12.69 tran...... and they had no locus standi to maintain the present suit for declaration that the tempoÂrary lease granted by the Government to defenÂdant No. 1 is illegal. 4. The trial court decreed the suit holding, inter alia, that although the Government had acquired the suit land in the year 1941 the ph..Category: Tenancy Law | Date: | Hits: 124
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......ecretal amount pendente lite and till realization was wrongly refused by the trial Court. By the impugned judgment dated 1-4-90 a Division Bench of the High Court Division dismissed the said appeal holding that the commercial Court had exercised its discretion in refusing interest to the pl..Category: Property Law | Date: | Hits: 28
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