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Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....nd no substances 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) 536. ......d advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......Court and to secure the ends of justice; that the petitioner filed an application under Section 265(c) of the Code of Criminal Procedure before the Tribunal who without perusing the papers and evidences on records rejected the said application and without explaining the cause of framing char..Category: Criminal Law | Date: | Hits: 52
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....ity 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) 525. ......petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......went to India during Pakistan Regime and returned back to Bangladesh after liberation and it is the case of the plaintiff that they purchased the suit land by a kabala dated 9.10.1971 and the evidence of P.Ws.1 and 2, transpires the said deed has not been executed and registered by the Ram ..Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......ld not prove that he acquired 16 anas share in the property by adverse possession. 9. The High Court Division further held that there was no misreading and non-consideration of the material evidence on record by the Courts below and therefore declined to interfere with the judgm..Category: Property Law | Date: | Hits: 24
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......dingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......a single judgment and order dated 14,03.1994 and set aside the judgment and order of the learned Assistant Judge holding amongst others that the pre-emption was barred as there was sufficient evidence on record showing acquiescence and estoppel of the pre-emptor in respect of the sale of th..Category: Property Law | Date: | Hits: 24
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....jewelry, cosmetics, computers, furniture, restaurants, hotels, tourist guides, insurance and bank etc. In view of the descriptive characters of various words, the legislature has made those as inadmissible for registration as trade marks and as such word come under the mischief of section 6(......, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ..Category: Intellectual Property Law | Date: | Hits: 329
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....ere 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) 488. ......ence. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......rong advise of the learned Advocate for the petitioner and it is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer..Category: Procedural Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and there 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) 469.......tition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469.......gned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division discharged the Rule holding that there are serious contradiction in the evidence of P.Ws. as regard possession of the plaintiff in the suit land and all the P.Ws. also rema..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......e. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......lam Sollaiman Kazi 26 DLR (HC) 70 and in the case of Rahela Khatun and another vs. Fayezuddin Shah 38 DLR (AD) 6, the appellate Court, instead of sending the suit on remand, was competent to admit evidence to decide whether the plaintiff No.1 executed the kabala dated 27.7.1960 in favour of Kris..Category: Property Law | Date: | Hits: 34
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......ing that on 17th January, 1995 his father Ahmed Chowdhury and another went to visit Darbar Sharif and there respondent Nos. 3-9 beat him and thereby caused his death and to cause disappearance of the evidence of cause of death, the said respondents instead of sending the dead body of his father to v..Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......ifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......of the other appeal leave was granted to consider: Mr. Malek, the learned Counsel appearing for the petitioners 2-8 in leave petition No. 139 of 2001 submits that in view of the evidence on record, the prosecution case as to the common object of 9 accused persons being to cut..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......ipped and fell down into the alder and accidentally hit a pointed bamboo under water sustaining an injury which resulted in his death. The learned Additional sessions Judge on consideration of the evidence of 11 witnesses examined by the prosecution, no witness have been examined by the licence ..Category: Criminal Law | Date: | Hits: 44
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......irection made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......owed bail to them till disposal of the appeal. Hence is this appeal. 4. In support of the appeal Mr. Md. Nowab Ali, the learned Advocate-on-Record, submits, inter alia, that in view of the evidence warranting conviction of the respondents the Trial 'Court convicted them and the High..Category: Criminal Law | Date: | Hits: 29
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......p;………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers Involved: Sharifuddin Chaklader Advocate-on-Record-For the Appellant. S. R. Kamakar, Advocate-on-Record-For Re......for the appellant urges that as the lower appellate court being the final court of fact arrived at the findings that the transfer in question is a sale and not an exchange on consideration of oral evidence on record the learned Single Judge fell in error of law in setting aside the Judgment of t..Category: Property Law | Date: | Hits: 66
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs...... ad valorem Court fees "does not inspire any confidence in me. The suit is maintainable as it was a suit for simple declaration". Secondly, the four impugned deeds were not put into evidence. It was not understandable to the High Court Division how the lower appellate Court took i..Category: Property Law | Date: | Hits: 34
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ...... section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such court, or of some other co..Category: Criminal Law | Date: | Hits: 50
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and others...........Appellants Vs. Shafukuddin Ahmed and others...............Respondents Judgment August 28, 1996. Lawyer......n favour of the plaintiff does not create any presumption. The defendant’s title thereto have not been injured thereby. 6. The appellant Court below also discussed the plaintiff's evidence on possession and dispossession and found that the plaintiff has not been able to pro..Category: Property Law | Date: | Hits: 33
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......ere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......ination is that they have been falsely implicated in the case out of enmity and the deceased succumbed to her burn injury which was accidental in nature. 8. On consideration of the evidence on record, the learned Judge of the Tribunal found the condemned petitioner guilty of the ..Category: Criminal Law | Date: | Hits: 86
Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)
.... 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) 427. ......ion. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 427. ...... signature under threat and coercion on the Kabinnama. The High Court Division further held that the concurrent findings of fact arrived at by the courts below are based on the appreciation of the evidence on record and accordingly declined to interfere with the concurrent finding of the Courts ..Category: Family Law | Date: | Hits: 169
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......nce. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......ollaiman Kazi 26 DLR(HC) 70 and in the case of Rahela Khatun and another vs. Fayezuddin Shah 38 DLR (AD) 6, the appellate Court, instead of sending the suit on remand, was competent to admit evidence to decide whether the plaintiff No.1 executed the kabala dated 27.7.1960 ..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind no 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) 419. ....... Ed. This Case is also Reported in: VI ADC (2009) 419. ...... Division observed that the said alleged settlement was not in respect of the suit land. It appears from the rent receipts exhibit-2 series submitted by the plaintiffs that these rent receipts are evidence of possession of the plaintiffs, moreover the contesting defendant himself admitted t..Category: Property Law | Date: | Hits: 31
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