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State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
....the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......s got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ......lose of the prosecution witnesses, the accused on dock were examined under Section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 8. The defence case as could be gathered from trend of cross-examination is total ..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......missed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......tions 406/420 of the Penal Code and as such the impugned judgment and order is liable to be set aside. 7. The question of the High Court Division to consider after assessing the evidence whether the appellant's agreed to pay the money in installment amount to admission having ..Category: Criminal Law | Date: | Hits: 32
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ...... Ed. This Case is also Reported in: VI ADC (2009) 139. ......08.1987 on receipt of consideration money from the defendant-opposite party tendering possession to him. Hence the suit was liable to be dismissed. 5. The trial court on consideration of the evidence on record and hearing the parties decreed the suit. 6. The defendant preferred Title..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ...... The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ......it No.265 of 1976 and though the defendant claimed that Title Suit No. 295 of 1996 challenging the decree passed in Title Suit No. 265 of 1976 but yet did not get any relief therein and further the evidence on record also show that the plaintiff was given possession in Kha schedule land but ..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ...... Ed. This Case is also Reported in: VI ADC (2009) 127. ......ndivided plot of land is not maintainable without a prayer for partition; that the plaintiff is found to be out of possession; that the trial Court's finding on possession is supported by the evidence on record; the plaintiff Nos.3 and 4 has failed to show that they have any interest in the..Category: Property Law | Date: | Hits: 22
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......hich is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......ge which was heard and disposed of by the learned Subordinate Judge, 3rd Court, Rangpur and the learned Subordinate Judge on consideration of the pleadings of the parties and evidence on record allowed the appeal and set aside the decree of the trial court by judgment and d..Category: Property Law | Date: | Hits: 28
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......e is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ...... the submission that the trial court found that although it is difficult to determine whether the original defendant received the summons of the original suit or not but it has been established by evidence on record that the defendant-respondent received summons of Title Execution Case No.30 of..Category: Civil Law | Date: | Hits: 71
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......ts. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......n rejecting the prayer of the co-petitioners. The pre-emptee as well as the co-petitioners filed appeals being Nos.81 of 1977and 68 of 1977 respectively. The appellate Court on consideration of the evidence on record arrived at the finding that the land sought to be pre-empted is not within the ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......ind merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......ured to grab the property, that as the property vested in the Government on 28.2.1972, transfer as claimed to have been made by Anwari Khatun to the Respondent No.1 was not valid, that there is no evidence that Anwari Khatun was the daughter of Sahera Khatun and that their whereabouts are not kn..Category: Property Law | Date: | Hits: 29
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......s also Reported in: 17 BLT (AD) (2009) 54. ......eeting for removal of the petitioner from the office of the Chairman of the union parishad. The petitioner gave reply to show cause notice on 03.08.2004 with explanation in details and documentary evidence laying' the allegations brought against him. The authorized officer then fixed a date for ..Category: Criminal Law | Date: | Hits: 32
State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)
....t warrant interference by us. The delay of 29 days for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ......for filing of the leave petition and the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 49. ......0 (ten) years under section 304 part II of the Penal Code and rigorous imprisonment for 6(six) months under section 324 of the Penal Code. 6. The High Court Division it appears discussed the evidence of each and every prosecution witnesses and on critical analysis of the materials on recor..Category: Criminal Law | Date: | Hits: 48
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ...... is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ...... appeal. 5. Leave was granted to consider the submission that the learned Single Judge of the High Court Division acted illegally in holding that the unilateral kabuliyats were admissible in evidence without calling for the original from the recipients of the same or calling for the volum..Category: Property Law | Date: | Hits: 28
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......on the date, time, place and in the manner as alleged but they have been falsely implicated in this case out of enmity and grudge. 9. Thereafter, the learned trial Court on the basis of the evidence on record found the accused namely, 1. Abdul Kashem Member, 2. Abdur Rab, 3. Joynul Abedin..Category: Procedural Law | Date: | Hits: 79
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......8-08-1994. 4. Thereafter, the petitioners filed a written objection contending that the case of the complainant was not maintainable. The learned Magistrate without considering the evidences on record filed by the petitioners passed judgment and order finding the possession of th..Category: Civil Law | Date: | Hits: 92
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......on which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......ighted and thereby wanted to define those commercial plots as unused lands and as such their suit is liable to be dismissed with heavy cost. 4. Thereafter considering the materials and evidence on record the trial court decreed the suit in favour of the plaintiffs and against the def..Category: Property Law | Date: | Hits: 26
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......ssed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......writ petition and obtained Rule. The learned Judges of the High Court Division thereafter on hearing both sides discharged the Rule holding that the appellant failed to prove by adducing any material evidence that the case property is not an abandoned property. 4. Md. Alim Hussain, the learned Ad..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... 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: VI ADC (2009) 54. ....... Ed. This Case is also Reported in: VI ADC (2009) 54. ......y the order dated 23.02.1992; that the plaintiffs have filed the suit making untrue statement. 4. The Assistant Judge, Borhanduddin Upazila heard arguments from both the sides, discussed the evidence and believed that the plaintiffs have been able to prove their case. So, the trial Court d..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ...... Ed. This Case is also Reported in: VI ADC (2009) 43. ......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ......posed to the particular interest of the individuals. When the Divisional Commissioner makes a decision for acquisition of a property under section 5(1) of the Ordinance such decision is conclusive evidence that the property is needed for a public purpose or in the public interest. In this view o..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......ndergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......ustody of the hut was not established and that prosecution did not prove its case beyond reasonable doubt against the convict. 4. The High Court Division on consideration of the evidence, both oral and documentary was of the view that prosecution case was proved beyon..Category: Criminal Law | Date: | Hits: 62
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