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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.......e of the principal amount of TK.3.00 lac and for redemption of the scheduled property subject to payment of interest of TK.6.00 lac as double of the principal amount by instalments within one year in view of limitation imposed by Section 47 of the Artha Rin Adalat Ain, 2003. 2. The facts involved..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.......Ļ¯āĻĻāĻŋ āĻ¨āĻž āĻ¤āĻžāĻšāĻž āĻāĻžāĻ˛ āĻ¸āĻĒāĻŽāĻ°ā§āĻāĻŋāĻ¤ āĻšā§āĨ¤ āĻāĻ āĻā§āĻˇā§āĻ¤ā§āĻ°ā§ āĻāĻžāĻ˛ āĻāĻžāĻ˛āĻŋā§āĻžāĻ¤āĻŋāĻ° āĻā§āĻ¨ āĻŦā§āĻ¯āĻžāĻā§āĻ¯āĻž āĻ¨āĻžāĻāĨ¤ In view of the admission of defendant No. 1 about the execution of the bainapatra Ext. 1, it is difficu..Category: Property Law | Date: | Hits: 54
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
.... 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 erroneous preparation of record of right,......nd from Plot No.983 by subsequent deeds but the homestead of the defendant was constructed on Plot No.983 covering an area of .22 acres much more earlier than that of the plaintiffs. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a co..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... the present suit for eviction against some of the co-sharers is not maintainable without the final decree in the said partition suit and as such, the judgment and order of the High Court Division is erroneous and liable to be set aside. The learned Advocate-on-Record also submitted that the High Co......e case reported in 31 DLR (AD) 320 and the trial Court shall allocate the saham of the parties to their respective entitlement. With aforesaid finding, inter alia, the revision was disposed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without a..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. ......d 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 materials on record made the Rule a..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (PriÂvate) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of crossâobjections 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 defendantârespondent in the appeal to file a crossâobjection would indirectly amount to extending the period of limitation as prescribed by the (Artha Rin) Adalat Act which cannot be done, in view of the fact that section 5 of the Limitation Act has no manner of application in respect of a p..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....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. ......it petitioner. On behalf of the caveator Mr. Ahsanul Karim, however, supports the judgment of the High Court Division and submits that since there is implied bar for moving the High Court Division in view of Rule 19(Umo) of the Emergency Powers Rules, the High Court Division is perÂfectly justified..Category: Anti-Corruption Laws | Date: | Hits: 214
....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. ......error in the decisions occasioning failure of justice and, as such, this Court under its revisional jurisdiction is inclined to interfere with the concurrent findings of the Courts below. I am of the view that there is no shortage as per the measurement taken on board the vessel taken as per Ullage ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
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. ......ase doubtful and shaky. 11. Both the courts below did not consider the evidence on record in its true perspective and thus the impugned judgment has suffered from legal infirmities. 12. In such view of the matter we find substance in this appeal. The appeal is allowed and the impugned judgment..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....and order 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: 19 BLT (AD) (2011)166.......ndent Jony and Liton are committed to imprisonment for life. The High Court Division having found no involvement of the respondent No.1 causing injury to the victim acquitted him. 5. We are of the view that the High Court division, on due consideration of the materials on record passed the impugn..Category: Criminal Law | Date: | Hits: 56
.... 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: 19 BLT (AD) (2011)163.......l or artificial, can be injected or prohibited from suing another person, natural or artificial in a competent court of law and consequently this writ petition is summarily rejected.
We are of the view that the High Court Division on proper consideration of the materials on record arrived at a co..
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e 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: 19 BLT (AD) (2011)140. ......at the value of the movable property and the value of goodwill have been described in the schedule properly and the preliminary decree was passed in accordance with the schedules of the plaint. In view of the above, we find no substance in the submissions of the learned Advocate for the petitione..Category: Property Law | Date: | Hits: 93
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 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: 19 BLT (AD) (2011)135....... application against the order of acquittal. On perusal of the record we find no cogent ground to interfere with the judgment and order of the High Court Division as well as the trial Court. In view of the above, we find no substance in the submissions of the learned Advocate for the petitione..Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......the parties allowed disposing of the suits on the basis of oral evidence on adaptation but on different exhibits. 2. On a reading of the judgment of these three suits passed separately I am of the view that the judgments are not too satisfactory and also I am annoyed with the conduct of RAJUK, er..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......Žā§āĻ° āĻāĻžāĻ°āĻ¨ā§ āĻ āĻ§āĻŋāĻ āĻ°āĻā§āĻ¤ āĻā§āĻˇāĻ°āĻ¨ā§āĻ° āĻĢāĻ˛ā§ āĻŽāĻžāĻ°āĻž āĻ¯āĻžā§âāĨ¤ āĻ āĻ°āĻāĻŽ āĻāĻāĻŽā§ āĻ āĻā§āĻāĻžāĻ¨ āĻ āĻšāĻ¤ā§ āĻĒāĻžāĻ°ā§âāĨ¤ 62. In view of the above situation and position we are to decide whether victim Biplob had the physical cap..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......ecital nor in the schedule of the said Kabala there is any mention that the said purchasers were given possession in the said 0.73 acres of land from the western part of suit CS plot No.313 alone. In view of the same the claim of the said defendants 8 and 10 that they got possession in the said purc..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......Act. The Court of appeal below as well as the High Court Division totally confused as to the nature of the suit the plaintiff was required to file for the relief. The Court of appeal below was of the view that the plaintiff was entitled to a relief under section 31 and accordingly decreed the suit. ..Category: Property Law | Date: | Hits: 49
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......ct of Jhenaidah, alleging that on 2.12.95 he received a secret information that a person with fire arms had been loitering around the BRTA Office which is adjacent to the new D.C and Court Bhaban. In view of such information he rushed there accompanied by S.I. Md. Rabiul Islam and Havilder Abul Hase..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......petitioner and the same has been accorded on a choose and pick basis by disregarding facts and circumstances of the case prima facie showing complicity of one Md. Habibur Rahman. 14. We are of the view that sanction is a condition precedent for a prosecution but a biased sanction is neither autho..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......t he filed the case in 1983 long after 5 years from his definite knowledge. Thus the Courts below found that the case was not barred by limitation is also contrary to evidence on record. 17. In view of the discussions made above I am of the considered view and hold that Sana Mia, the petition..Category: Property Law | Date: | Hits: 91
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