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Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ...... 5 gondas share of the defendant Nos.14(Ka) and 14(Kha) in the suit properties. 10. Mr. Miah Abdul Gafur, learned Advocate appearing for the appellants, placed before us the pleadings, evidence on record and impugned judgment. He submitted that the Court below was not justified in passing a decre......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......t that the plaintiff filed title Suit No.222 of 1976 and in that title suit she got a decree and it was declared that the suit property cannot be treated and declared as an enemy property. It is also record that in the year 1969 the property in question was treated as enemy/vested property by the Ve......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....t that default the suit "will be dismissed". These are not words of automatic operation, for, they contemplate a further order dismissing the suit. But the District Judge in the appellate decree made good this defect by stating in the event of default the suits "will be treated as dismissed". The...... writ respondent Nos. 8, 9, 16 and 17 who are appellants in C.A. No.60 of 2006 are not parties in the said petitions. 6. When the earlier writ petitions were filed, the acquiring authority did not record order for abatement of the proceedings. On the point of abatement of the proceedings the High...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
....Chalna Port. The exporters sent all the shipping documents i.e. the Bill of Lading, Invoice etc. to the concerned branch of the complainant bank. The accused were not entitled to take delivery of the goods without endorsement from the bank in favour of accused Nos.2,3,5 and 6 (of the complaint),......e petitioner has filed this petition for leave to appeal. 6. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. It appears that the petition of complaint disclosed prima facie case. The High Court......against 17 accused persons including the petitioners. According to the said petition of complaint the complainant is a bank with branches situated in different countries providing various financial services including lending money. On the other had accused Nos. 1 to 7 (of the complaint) are owne..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......Revision No. 200 of 1993, High Court Division failed to apply its judicial mind to consider the present application and discharged the rule which is liable to be set aside. 5. It appears from the record that demand of dowry as given in the petition of complaint comes within the mischief of Secti......above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......appearing on behalf of the appellant has taken us through the impugned judgment and order and submits, inter alia, that there appears to be an error in the judgment of this court on the face of the record inasmuch as the finding of this Division in the impugned judgment that "the appellant did not......gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ..Category: Criminal Law | Date: | Hits: 89
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......rmed by the lower appellate Court. The lower appellate Court also found that the plaintiff could not prove the case pattan and possession and on consideration the evidence of P.Ws.2, 3, 4 and 5 and recorded a finding of fact that the plaintiff could not establish his title and possession in th......acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417...Category: Property Law | Date: | Hits: 61
Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
....ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......he Rule and affirmed the judgments of the courts below. 6. We have heard the learned Counsel and perused the petition and impugned judgment and order of the High Court Division and other papers on record. 7. The learned Counsel appearing for the petitioners submits that the High Court Division......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ..Category: Property Law | Date: | Hits: 58
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149.......hich the findings are liable to be struck down; that the High Court Division committed a grave error of law occasioning failure of justice in discharging the Rule without considering the materials on record. The learned Advocate-on-Record further submitted that the High Court Division committed a ma......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149...Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......it and his prayer for remand of the case to the lower appellate Court was only to fill up the lacuna. 8. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and accordingly there is no cogent reason to call for any inter......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146...Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......m, the learned Counsel appearing for the petitioner and Mr. A.J. Mohammad Ali, the learned Counsel appearing for the respondents and perused the petition and the impugned judgment and other papers on record. 8. Since the High Court Division rightly found that the shares of the company are not lia......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ..Category: Business or Commercial Law | Date: | Hits: 195
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
.... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......constructed homestead on .22 acres of land out of total .44 acres of land of Plot No.883,and he also had been possessing the land of plot No.980 by cultivating the same; at the time of preparation of record of right the suit land was erroneously recorded in the name of Poreshnath but by such erroneo...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......sif seeking eviction of the defendants stating that the defendants are his tenants and had defaulted in the payment of rent and the said suit was dismissed on 30.03.1978; that defendants got the land recorded in Khatian No. 483/1 and paying rent as against that Khatian; that the Keramat Ali died lea......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......bar for selling the mortgaged property in auction by the petitioner bank phase by phase to realize the dues of the decree holder. 4. We have heard the learned counsels and perused the evidence on record. 5. We are of the view that the High Court Division on proper consideration of the materia......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ...... the Court below but take any cross‑objection to the decree which he could have taken by way of appeal, provided he has filed such objection in the appellate Court within one month from the date of service on him or his pleader of notice of the day fixed for hearing the appeal or within such furth..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....t exercised its power under section 561 A of the Code of Criminal Procedure in the garb of a writ jurisdiction. If the High Court Division feels to exercise its writ jurisdiction there must have been good and sufficient reason to by pass the alternative remedy provided by the statute. The writ j......e writ petitioner without payment of tax. The police eventually submitted a police report recommending for prosecution of the writ petitioner, Harun-or-Rashid and one Mustak Ahmed. 4. The case record was ultimately transmitted to the learned Senior Metropolitan Special Judge for trial and ......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ..Category: Anti-Corruption Laws | Date: | Hits: 214
....in the shore tank, after the discharge of the entire cargo from the vessel, it was detected that 16.578 metric tons were short-landed. It is true that the carrier is bound to deliver actual amount of goods received from the importer. In the present case, the plaintiff imported 999.374 metric tons of......h a shortage cannot be calculated on the basis of survey conducted at the shore tanks. He next submits that the Courts below completely misread and non-considered the oral and documentary evidence on record and passed the impugned judgments which are not sustainable in law. He further submits that t......ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......d, as the same was not maintainable in the Administrative Tribunal and therefore this rule is further liable to be discharged on the ground to inordinate delay. 8. We have perused the materials on record and considered the argument advanced at the Bar. 9. The question of maintainability of the...... J. - The writ petitioner Md. Abdul Majid while posted as Assistant Librarian in the বগুড়া পল্লী উন্নয়ন একাডেমি, a Class II post, was discharged from the service by the Director General of the বগুড়া পল্লী উন্নয়ন একা..Category: Employment/Service Law | Date: | Hits: 64
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......ew, upon which Rule was issued upon the opposite parties, but after hearing the parties the Rule was discharged. Against this order the petitioners seek leave to appeal. 4. The learned Advocate-on-record appearing for the petitioners submitted that the preemption case has been dismissed by the ......use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ..Category: Property Law | Date: | Hits: 76
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......e plea is that the accused is innocent and has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconception of the relevant law convicted the accused appellant under Section 19(A) of ......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ..Category: Criminal Law | Date: | Hits: 76
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