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Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
.... to jail on 27.12.2008 and as such he could not properly instruct the Advocate-on Record to file the application for condonation of delay on 23.02.2009. 18. He submits that for complete justice and to save the petitioner and his family from complete ruination, this Court may pass an o......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
.... consideration of the evidences on record the Courts below found that the defendant has been enjoying and possessing the suit land, this sort of finding is nothing but illegal occasional failure of justice. On the contrary, the plaintiffs have been able to prove their right, title and possession......sion as well found that the defendant No.1 has got no basis of his claim in the suit land, rather, he made the false claim on the basis of an alleged kabuliyat which was not supported by any other document and in support of his such document he could not file any scrap of paper; that after 1951 ..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
.... court below and decreeing the suit in utter disregard of the material evidence on record only on the finding of possession and not title and as a result there has been a miscarriage of justice in favour of the plaintiff. 8. We have heard the learned Advocate and perused the c......rrived 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) 416. ..Category: Property Law | Date: | Hits: 23
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....igh court Division is neither proper nor in accordance with law; that the High Court Division committed an error of law resulting in error in the decision of the case occasioning a failure of justice in misreading the pleadings of the parties as well as the evidence on record and in fi......ter the property on her behalf and on behalf of her minor son and daughter. The plaintiff-petitioner's mother did not sell the suit property but defendant-respondent created a forged document which his mother did not sell and the plaintiff-petitioner was in possession of the s..Category: Property Law | Date: | Hits: 30
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....direction given by the High Court Division at the time of granting leave and the suit is decreed. The plaintiff shall not be in a position to execute the decree and as such, in order to do complete justice the appellant may be instructed to give proper security so that the suit if decreed may be e......torship concern M/S. Hras Enterprise, respondent No. 3 with 40% margin. The buses were consigned to Dhaka Bank. The Bills of lading were issued in the name of Dhaka Bank. Upon receipt of the shipping documents from the negotiating bank, Dhaka Bank effected full payment under the Letter of Credit. Th..Category: Business or Commercial Law | Date: | Hits: 142
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......am, the learned Counsel for the petitioners and perused the impugned judgment. 8. This Division while disposing of the leave petition had taken into consideration the fact that the document in favour of the plaintiffs are earlier in point of time than the documents in favour of t..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......no lease was granted in favour of the writ petitioner in respect of case Pathor Mohal. There is no official record produced that a lease has been granted in favour of the writ-petitioner; that the document which the writ-petitioner annexed in support of his lease are all false and manufactured d..Category: Property Law | Date: | Hits: 25
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ing the certificate filed by the petitioner and also without considering that no fact was suppressed by the petitioner about his purchase of marshy land. Thereafter, the petitioner served a demand justice notice upon the respondents requesting them to withdraw the cancellation order of allot......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
.... 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) 366. ......, in excess of the balance of export proceeds, the defendant No. 1 had received and even at the time of hearing of the appeal, the Court asked the learned Advocate of the plaintiff to show or file documents to clarify the same but he could not clarify same and also did not produce any docum..Category: Civil Law | Date: | Hits: 106
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ..Category: Employment/Service Law | Date: | Hits: 64
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
.... High Court Division also found that the trial Court rightly decided the matter in controversy and hence did not commit any error of law resulting in an error in the decision occasioning failure of justice in passing the judgment and decree. 9. Considering the facts and circumstances ......rt 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: 14 BLC (AD) (2009) 103. ..Category: Property Law | Date: | Hits: 49
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....efendant No.25 and defendant No.27 failed to bring on record any material in support of the plea that the property in question was an enemy property; the learned Courts below have caused failure of justice by holding that the same is enemy property although, in fact, there is nothing on record f...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ..Category: Property Law | Date: | Hits: 22
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....common properties and the auction sale was not for benefit of all concerned and since both parties are claiming possession over the suit property as co-sharers, we are of the view that ends of justice would be met if the receiver continues to remain in possession and the aggrieved party goe......in 1959 and his portion is being possessed by the second party on the basis of auction purchase. They did not know anything about auction sale and if there be any that is false, null and void document created by Taimum Golal. There was no demarcation between the parties as claimed by the fi..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....ion as above and modified his second submission by urging that the aforesaid decision in Monoranjan Mukharjee's case was wrongly applied in the facts of the instant case resulting in a miscarriage of justice. 9. As far as the first submission is concerned it is found that both the Tribunals att......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...Category: Administrative Law | Date: | Hits: 144
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......llate Court. 9. Appearing on behalf of the appellants Mr. Moinul Hossain, learned Counsel, has submitted that the High Court Division fell into an error of law in relying upon an extraneous document, namely, the revisional settlement map for coming to the conclusion that there i..Category: Property Law | Date: | Hits: 36
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......eed the suit allowing pre-emption. 8. It appears that the trial court came to the findings that agreement Ext. D dated 23.11.79 executed by defendant No.1 in favour of defendant No.2 was a genuine document, that the kabala dated 1.8.79 was subject to an agreement for reconveyance, that the said k..Category: Property Law | Date: | Hits: 66
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
.... by the learned Additional District Judge, First Court, Nowgaon who condoned the delay and allowed the Miscellaneous Case restoring the appeals to their original files and numbers for ends of justice by orders dated 24.8.1997. The petitioners then filed Civil Revision Nos. 3730 and 3731 of ......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......t in favour of the plaintiffs. Being aggrieved the heirs of defendant No. 1 presented this appeal. 7. Leave was granted to consider whether an attesting witness is bound by the contents of a document so as to suffer from the principle of estoppel and whether the High Court Division was just..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......d for the work. 11. Under the above facts and circumstance's of the case, we are of the view that the Returning Officer rightly found the nomination of the appellant as a valid piece of document. The High Court Division in our view totally misdirected in understanding the implication..Category: Election Law | Date: | Hits: 282
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....der section 161 of the Code of Criminal Procedure, copy of which have been annexed with the application made therefore for marking as exhibits in support of his contentions in order to do complete justice. It has been submitted that this Court has ample power to accept the documents mentioned ab......emanded payment of the balance of Tk. 1,00,000/- to which the defendant wanted to verify the genuineness of the visa from the American Embassy and on enquiry it was found that the visa was a forged document and hence the defendant demanded return of his money and the plaintiff took time and avoi..Category: Property Law | Date: | Hits: 34
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