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State Vs. Azizul Haque, 2008, 37 CLC (AD)
....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......ers. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......g accused persons. 5. The trial of the instant case was started under Sections 302/120(Kha)/34 of the Penal Code before the learned Sessions Judge, Chittagong. At the continuation stage of the evidence of informant, the instant case was transferred to the court of 1st Additional Sessions Judg..Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......tried. 10. At the trial on behalf of the prosecution 8 (eight) witnesses were examined and they were cross-examined by the defence. But the defence examined none. 11. After closing of evidences the petitioner was examined under Section 342 of the Code of Criminal Procedure in which..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......lling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ...... Section 241A of the Code of Criminal Procedure and that petition was rejected by the learned Judge and charge was framed as the Judge was satisfied that there is a prima facie case made out by the evidence on record. A co-accused early moved the High Court Division for quashing the proceeding and..Category: Others | Date: | Hits: 82
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ...... appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......he plaintiffs procured the collusive deeds from the judgment debtors. The plaintiffs have no right, title and interest in the suit lands. 5. The learned Assistant Judge on consideration of the evidence on record by judgment and order dated 10th September, 1994, decreed the suit in part holdin..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......cordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ...... to be dismissed. The respondent no.2 also contested the case by filing a written objection supporting the case of respondent No.1. 4. The learned Assistant Judge on consideration of the evidence on record by judgment and order dated 2nd May,2005 dismissed the case holding that the ..Category: Property Law | Date: | Hits: 21
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......erms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......e findings of the Court that the plaintiffs were their predecessors were not the tenants under the defendant-petitioner. He then submits that the High Court Division rightly found that without taking evidence and without considering the materials on record under Order 7 Rule 11 of the Code of Civil ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......s in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......between the respondents and the borrows shown in Annexure E and as such the finding of the High Court Division that the action of the appellant was discriminatory has no basis in the absence of any evidence before the High Court Division to sustain the above finding. It also appears that the High ..Category: Banking Law | Date: | Hits: 98
Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)
....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......eal being No.90 of 2006 before the learned District and Sessions Judge, Chora Challan Nirodh Tribunal, Sylhet. The Judge upon hearing the same and on consideration of the facts, circumstances and the evidence on record set aside the order dated 31.10.2006 passed by the Deputy Administrator of Waqfs...Category: Trust/Waqf Law | Date: | Hits: 200
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......his appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......ver a period over a century and that the impugned judgment of the lower appellate Court was not a proper judgment of reversal having regard to the trial court's findings upon consideration of the evidence on record both oral and documentary. 8. It was also submitted that awarding a heavy cost..Category: Property Law | Date: | Hits: 33
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......urt are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......e on the finding that the judgment and decree arc liable to be set aside as was not made in accordance with law. The plaintiffs totally failed to prove their case by collateral oral and documentary evidence. Against the judgment and decree dated 15.06.1999 the plaintiff preferred Civil Revision No..Category: Property Law | Date: | Hits: 33
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......l is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......e government also did not file any affidavit-in-opposition nor supported the case of respondent No. 3. 7. The learned counsel appearing for the appellant submitted that in the absence of any evidence of existence of respondent's father Munzur Ahmed in Bangladesh at the relevant time on 26.0..Category: Property Law | Date: | Hits: 31
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......missed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......tion of any "indicative value" as done in the present case and the appellants did not also make an attempt to determine normal value under section 25(1) of the Act based on any authentic contemporary evidence upon notifying the importer; further, since the points as raised in the leave stage had not..Category: Fiscal/Taxation Law | Date: | Hits: 86
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......ed in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......e to serve in the executive office lawfully and separation is inevitable in near future. Accordingly, he opted out from the Judicial Officer and absorbed in Legislative Service and this is sufficient evidence of his legitimate expectation to become the Law Secretary. The learned Counsel further subm..
Category: Constitutional Law | Date: | Hits: 207
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......rdingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......sted by the plaintiffs. They also filed a review miscellaneous case No. 12/1979-80 against mutation of the names of Defendants. 4. The trial Court on consideration of both oral and documentary evidence dismissed the suit. On appeal being Title Appeal No. 277 of 1993 by the plaintiff the same ..Category: Property Law | Date: | Hits: 34
....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......t binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......erty and so the provisions of Order 23 Rule 1(3) of the Code of Civil Procedure regarding withdrawal/dismissal are not applicable and the High Court Division was wrong in not properly considering the evidence of both the parties on the question of possession of the disputed land.
6. Abdul Wadud B..
Category: Property Law | Date: | Hits: 43
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......ate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......he case, specifically mentions, particularly in paragraph Nos.3 and 4 thereof, specific instances of defamatory acts of the respondent Nos. 1 and 2 and in not considering at all the evidence, both oral and documentary, recorded in the judicial enquiry. The learned Advocate fu..Category: Criminal Law | Date: | Hits: 116
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......sed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......k on 27.3.1976 vide order no.38 of the lower appellate court and as such committed illegality in the decision. He further submits that the High Court Division failed to consider and appreciate the evidence of P.W.1 as plaintiff No.1 who deposed that he left the suit land in 1966-67 willingly, so..Category: Property Law | Date: | Hits: 138
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......sed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......ssing the judgment of reversal without adverting to the material findings and reasoning of the trial Court as to possession of the plaintiff-petitioners in the suit land with reference to the evidence on record; that upon taking needless efforts in search of title of the plaintiff-petitione..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ...... Ed. This Case is also Reported in: VI ADC (2009) 991. ......rayed for? 7. The plaintiffs examined three witnesses and the contesting defendants also examined three witnesses. 8. The trial Court on consideration of the oral and documentary evidences on record and the submissions of the learned Advocates of the contesting parties, has fou..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....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. ......ithout any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......h Court Division and other connected papers. Mr. Mohammad Ali contends that since the trial court as well as the appellate court below have decided all the issues involved in the case on the basis of evidence on record the impugned judgment for remand by the High Court Division is uncalled for and a..Category: Procedural Law | Date: | Hits: 105
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