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Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....he application dated 25-5-1996 is quoted below:- Bangle text 7. From the contents of the said application, we find that the High Court Division while remanding the case to the trial court wrongly took the view that the appellate court disposed of the appeal without disposing the ear......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......ide the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......further stated that she was examined by the Investigating Officer. It appears that she was examined by Investigating Officer on 20.12.1992. There is no explanation as to why the Investigating Officer recorded her statement after a lapse of over 30 days. There is no allegation that she was not availa...... the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....it-in-opposition and on the ground of stating a contradictory case holding in the same breath than he was at least a casual worker for more than 28 years, which was based on conjecture and surmise by wrongly shifting the burden upon the second party appellant saying that the second party failed to p...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ng with passengers, necessary recording may be made by the officer of Customs on the body of passport or other documents. (3) The Bills of Entry so submitted shall be assessed provisionally and recorded serially in appropriate registers, to be maintained customs station wise, to facilitate aud......O. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
.... they were in possession of the suit lands and the defendants denied their title on the plea of settlement taken by Mojibur Rahman predecessor of the aforesaid defendants and that the defendants wrongly prepared the record of rights in their names. The defendant Nos. 1, 2, 4 and 5 contested the......ny right or title of the plaintiff respondents. Mr. Khan referring to such contention submits that on the cloak of valueless kabuliyats the defendants misleading the survey staff got their names recorded in the record of rights and based on such wrong record of rights, the defendants obtai......bstance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....nd exclusively. The plaintiffs purchased this land from him by a registered kabala dated 18th February 1987 and have since been in possession thereof. During the S.A. operation the suit land was wrongly recorded in the name of Chand Mia. After his demise, the defendants in collusion with his he......sively. The plaintiffs purchased this land from him by a registered kabala dated 18th February 1987 and have since been in possession thereof. During the S.A. operation the suit land was wrongly recorded in the name of Chand Mia. After his demise, the defendants in collusion with his heirs crea......l in accordance with law and in the light of the observations made above. Ed. ......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....aintiff's continued residence in Karachi from November, 1971 to August, 1976 does fall within the requirement of "continues to be so resident" in order to be a citizen of Bangladesh and wrongly held that plaintiff acquired citizenship under Article 4 of P.O. 149 of 1972 from 31.8.80.&n......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......; Ed. ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ...... son and Ataul Haque Chowdhury died leaving behind two sons one daughter and a wife. In Khatian No. 98 Serajul Haque Mukter was the owner who settled the land with Abdus Satter and Abdur Razzaque was recorded as Khatian No. 99 in District Settlement. As the rent fell in arrear with regard to the lan......urt Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......n respect of Kha schedule land after evicting the defendants Nos. 47-49 therefrom who are the appellant before us. 3. The plaintiff respondents averred that .29 decimals of land of khatian 95,65 decimals of land of khatian no. 96 and 13 decimals of land of khatian no. 97 in total ..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....d-petitioners, firstly contended that the High Court Division committed an error of law and fact in not quashing the proceeding in view of the allegations disclosed in the complaint petition and wrongly observed that there may not be a charge for the offence under Section 379 of the Penal Code.......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....ame of successive heirs of Abdur Rahim while that of RS Plot No. 407 in the name of successive heirs of Nur Ali, that is the plaintiffs. Accordingly, the High Court Division held that the trial court wrongly found that RS and BS record were not correctly prepared. The High Court Division further hel......nstitute the suit. 4. Defendant Nos.1-4 contested the suit by filing a joint written statement denying the material allegations made in the plaint. Their case in short, is that plot No.408 was recorded in R.S. Khatian No. 334 in exclusive possession of Abdur Rahim and plot No.407 was rec......ot find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......rthern portion each possessing 10 gandas of land. Plaintiff's case is that R.S. Khatian No. 334 and 92 were prepared in the names of Abdur Rahim arid heirs of Nur Ali. It was recorded in both the khatians that Abdur Rahim possessed land of RS Plot No.408 exclusively while Nur Ali possessed land ..Category: Property Law | Date: | Hits: 66
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......ration by any other evidence. The High Court Division also found that the confessional statement of accused Mafizuddin was not true and voluntary as he was not produced before the Magistrate who recorded the confessional statement within reasonable time after his arrest and the manner of occurr...... record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 83
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....al and his interest as was affected by the judgment and order passed by the learned Additional District Judge as such he moved the High Court Division but without any success; that both the Courts wrongly traveled beyond the scope of Section 134(5) of the Co-operative Societies Ordinance, 1984 a......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ...... costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......ed by the Government by filing written statement stating, inter alia, that the property in suit has been acquired finally by the gazette notification and the compensation has already been paid to the recorded owners and the same was received by them. It was also the case of the Government that Gover......s set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..Category: Limitation Law | Date: | Hits: 189
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