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Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ....... Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......submitted that both the Courts committed error in law in treating the suit lands as the joint property of me plaintiff and the predecessor of the defendant Nos. 1-3 without properly evaluating the evidence on record which has caused miscarriage of justice; that Balaram, predecessor of the defend..Category: Property Law | Date: | Hits: 99
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......ht, title and interest in the suit land. As such, the suit is liable to be dismissed. 5. Mr. J. B. M. Hassan, learned Advocate, appearing for the petitioners submitted that on assessment of evidence of plaintiffs witnesses i.e. P.Ws 1 and 2, the appellate Court came to the conclusion as t..Category: Property Law | Date: | Hits: 92
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......tions, submits that the moot question of the case is whether Panchu Moral is the son of Danu Moral as alleged by the defendants or son of Hache Bepari as alleged by the plaintiff and from the oral evidence of the P.Ws. and D.Ws. and from documentary evidences it is evident that Panch..Category: Property Law | Date: | Hits: 90
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ught in the application contending, inter alia, that summons was duly served upon the defendant-petitioner through Process Server, etc. 5. Trial Court dismissed the case on consideration of evidence of the witnesses examined by both the parties and materials on record. Being aggrieved, th..Category: Procedural Law | Date: | Hits: 143
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......he High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......0;িবে।' and the tender of the writ petitioner-respondent not having been accepted and the tender of the leave petitioner having been accepted vide letter dated 09.02.2003 as evidenced from Annexure-1 (e) to the affidavit-in-opposition filed by the respondent Nos.1 to 4 in..Category: Civil Law | Date: | Hits: 149
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......on raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......or during the trial under any act mentioned in this provision or provision 14 and 15. 19F. Verification of income tax certificates etc.- During investigation of corruption cases and placing it as evidence.- (1) In the period of enforcement of the declaration of state of emergency, the investigat..Category: Criminal Law | Date: | Hits: 101
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......itioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ...... case out of enmity inasmuch neither the informant nor the deceased during his life time could recognize any of the accused. 8. Thereafter, the learned trial Court on the basis of the evidence on record found the petitioner and others guilty for the offence charged and as such conv..Category: Criminal Law | Date: | Hits: 68
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......tions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......h a question needs evidence so far Annexure-J is concerned the High Court Division rightly found that the trial court ought not to have considered the report when it was not formally proved as evidence and its author was not examined before the Court. We find no merit in these pe..Category: Property Law | Date: | Hits: 87
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rpretation of the particular terms of the contract. 28. It appears that this court can interfere with the arbitration award only on limited ground where the arbitrators decided the matter on inadmissible evidence or on the principles of construction which the law does not countenance. No s......itions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ...... the particular terms of the contract. 28. It appears that this court can interfere with the arbitration award only on limited ground where the arbitrators decided the matter on inadmissible evidence or on the principles of construction which the law does not countenance. No such case has ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....ons and findings the High Court Division made the Rule absolute. 8. Leave was granted to consider the contention that Exts.9 and 9(ka) having not been proved in accordance with law are inadmissible in evidence and that there having no other evidence in proof of licensee status of the...... There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......d in the name of the defendants that plaintiff has no right, title and interest in the land in suit and as such the suit is liable to be dismissed. 4. The trial Court on consideration of the evidence on record dismissed the suit on the findings that the plaintiff failed to prove when cause..Category: Property Law | Date: | Hits: 82
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
....made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......on which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......arried him on the back side of his motor cycle but he was running away from the motor cycle to save himself and it was circulated in some news papers. But the investigation officer did not collect evidence to prove that but submitted final report to the Court. Thereafter the defendant brought a ..Category: Civil Law | Date: | Hits: 110
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
....ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed Ed. This Case is also Reported in: VI ADC (2009) 938. ......Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Nazimuddin Molla...................Petitioner Vs. Mobasser Ali Howlader an......nce with law and as such the same is liable to be set aside. He lastly submits that the High Court Division erred in law in allowing the pre-emption case without properly weighing and assessing the evidence on record and as a result there has been a miscarriage of justice. 7. We have ..Category: Property Law | Date: | Hits: 57
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......llowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......agreement would stand cancelled and for return of the part of the earnest money by the defendant No.1, that plaintiff's case of return of TK.1,20,000/- by the defendant No.1 has been proved by the evidence of P.Ws. 1, 2 and 3 and that defendant's case of refund of Tk. 1,90,000/- to the plaintiff..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......ation may exercise and is subject to under the Code of Criminal Procedure, 1898 when investigating a cognizable offence. Provided that if the officer of customs is of opinion that there is sufficient evidence or reasonable grounds of suspicion against the accused person, he shall, if the offence be ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)
....bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ...... do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......ial Tribunal No.7, Dhaka for disposal. 4. Learned Judge, Metropolitan Special Tribunal No.7, Dhaka, after framing charge, held the trial, examined as many as 10 witnesses and considering the evidence on record found accused Arif Hossain alias Shuvro guilty under Section 19A of the Arms Act..Category: Criminal Law | Date: | Hits: 120
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......ation. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......ial. 13 witnesses were adduced by prosecution, of them P.Ws.1 and 4 deposed to the effect that fire arms were recovered from the convict petitioner. 3. On consideration of the materials and evidence on record the Special Tribunal found the charges leveled against the convict-petitioner an..Category: Criminal Law | Date: | Hits: 155
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ....... Ed. This Case is also Reported in: VI ADC (2009) 862. ...... Ahmed, the learned Advocate-on-record for the petitioners submits that the High Court Division erred in sending the suit back on remand to the trial court for fresh decision when all the material evidence and the inspection report were available on record and it is a settled principle of law th..Category: Property Law | Date: | Hits: 41
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ...... the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......t No.1 for getting maintenance, thus the suit is not maintainable, as such the impugned judgment and order is liable to be set aside. She submits that the High Court Division without discussing any evidence came to a wrong finding that there was no misreading of the evident on record, but from r..Category: Criminal Law | Date: | Hits: 75
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......ition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......land is not a part of the land donated by Alauddin and other to the college. 11. The High Court Division further found that the appellate judgment is not based on proper appreciation of the evidence and rightly set aside the judgment of the appellate court and restored that of the tr..Category: Property Law | Date: | Hits: 32
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Moulvi Abdul Wadud Chowdhury ...........Petitioner (In a......ption cases voluntarily but filed the cases at the instance of her sons and that she herself did not deposited the required money in Court. 4. The learned Assistant Judge on consideration of the evidences and other materials on record and the submissions of learned advocates of the respective..Category: Property Law | Date: | Hits: 33
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