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Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)

....of M.V. Shainpukur-1 piloted the vessel negligent­ly and caused the accident, that the matter was reported to the Fatullah Police Station on the date of accident i.e. 13.05.1986 and a case was registered and on investiga­tion. Investigating Agency having found prima-facie case against the......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 210

Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)

....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... of Surja Begum at about 4.30 to 5.00 p.m on the day of incident. 10. Regarding medical evidence  and Inquest Report the High Court Division found that P.W.21, Dr. Md. Abdul Awal, proved post mortem report prepared by a Medical Board wherein one ecchymosis below the right angle of mand......legality or infirmi­ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..

Category: Criminal Law | Date: | Hits: 51

State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)

....eedings of Ramna P.S. Case No. 31(6) of 1993 (corresponding DAB GR Case No. 70 of 1993) of the Court of Chief Metropolitan Magistrate, Dhaka. The aforementioned Ramna RS. Case No. 31(6) of 1993 was registered under sections 420, 409 and 471 of the Penal Code as well as under Section 5(2) of the ...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ........Appellant Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 172; Abdul Wadud Vs. the State, (..

Category: Criminal Law | Date: | Hits: 48

Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)

....arried with late Alhaj Faruque Hossain on 26.07.1982 and she secretly smuggled the household goods of late Alhaj Farque Hossain and as a result Alhaj Faruque Hossain divorced her on 27.03.1983 by a registered Talaknama and married defendant No. 1 on 16.04.1983 by a registered Kabinnama. 4.......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 689. ...... learned Advocate -on-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 689. ..

Category: Family Law | Date: | Hits: 150

Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)

.... the evi­dence adduced by the defendants stands on a better footing (f) the trial Court only discussed the evidence of RWs. without discussing the evidence of the D.Ws. and did not consider the registered kabuliyats in their proper perspective. The High Court Division further found that thoug......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......infirmi­ty in the decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..

Category: Property Law | Date: | Hits: 28

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

....wo others surrendered the property in favour of the original landlord who then took the same to his Khas possession; Abdul Aziz, the father of the plaintiffs, then took pat-tan of the suit land by registered kabaliat in the year 1943 and went into possession of the same on payment of rent to the......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......levant issues arrived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..

Category: Property Law | Date: | Hits: 27

Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

....tagong in Other Suit No. 110 of 1982 decreeing the suit in part. 2. The plaintiff, the predecessor of the petitioners, instituted the above Other Suit No.110 of 1982 for declaration that the registered Deed of Sale being No. 5666 dated 13.12.1956 alleged to have been executed and registere...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......y in the decision of the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..

Category: Civil Law | Date: | Hits: 83

Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)

....nd each and two daughters became the owner of .0113/16  decimals of land each; that the said Jawahar Ali, Basiruddin and Ahmmed Ali sold their portions of the suit plot to Jamal Uddin Khan by registered kabala dated 31-01-1959. Shirin Bewa died leaving behind a son named Shahed Ali and thre......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ...... legal infirmity to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ..

Category: Property Law | Date: | Hits: 23

Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)

.... Hossain, that Hakim Jan Bibi gifted 12 gandas of land out of her share from the land of the patta dated February 17, 1902 to her son Jebal Hossain by the 2nd husband, that the gift was made by the registered deed of gift dated June 25, 1928, that possession of the land so gifted was made over to......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......ham. In the background of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ..

Category: Property Law | Date: | Hits: 24

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)

....ing the agenda regarding election of directors. 2. The respondent No.1, on 1st November 1994, filed an application under sections 81(2) and section 85(3) of the Companies Act 1994, which was registered as Matter No.106 of 2003, praying for holding the 20th Annual General Meeting of the res......rrived at a correct deci­sion and there is no cogent reason to inter­fere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. Case Referred to- Ghyasuddin Ahmed vs. Faruque 38 DLR (AD) 296. Lawyers Involved: Ajmalul Hossain QC, Senior Advocate, instructed by Mvi. Md..

Category: Business or Commercial Law | Date: | Hits: 78

Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)

....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......ee dated September 25, 1994 of the 2nd Court of Assistant Judge, Dhaka in Title Suit No. 19 of 1993 decreeing the same and thereupon directing the defen­dants to reinstate the plaintiff in his post with effect from September 20, 1990 within 45 days with the benefits and allowances except two......has commit­ted no error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ..

Category: Employment/Service Law | Date: | Hits: 64

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

.... The case of the plaintiff is that their predecessor-in-interest, Baidyanath Chatterjee purchased the suit land from the original owners in the benami of his relative Srish Chandra Bhattacharjee by a registered kabala dated 28.07.1927. Subsequently he divided the suit land into two equal parts and c...... cogent reason to interfere with the same. Both the appeals are, therefore, disĀ­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......rived at a correct decision. There is no cogent reason to interfere with the same. Both the appeals are, therefore, disĀ­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..

Category: Property Law | Date: | Hits: 34

Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)

....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......rement from service upon the petitioner. The petitioner submitted a review petition to the Hon'ble President and the punishment was modified by imposing lesser punishment of reduction to the lower post instead of compulsory retirement. 3. The respondent contested the case denying all the ......of our above discussion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..

Category: Criminal Law | Date: | Hits: 41

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

....3 Chattaks of land in favour of Mohammad Abdus Sattar, the  respondent No.4, and then on 15.10.1963 ; RAJUK duly executed lease deed for 99  years in his  favour which was duly  registered on  16.10.1963; then the  respondent No. 4 duly paid the premium and after ge......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......sp;  Vs. The First Court of Settlement and other................Respondents (In both the cases) Judgment January 26, 2006. Cases Referred To- 48 DLR (AD) 1, Rasheda Begum Vs. Government of Bangladesh and another, 2 BLC (AD) 158; Rahima Begum and oth..

Category: Property Law | Date: | Hits: 41

Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)

....in the said Ministry replied to decide the matter as per the above stated rules of the Government. Thereafter the respondent No.5, the Additional Deputy Commissioner (Revenue), Barisal executed and registered a lease deed in favour of the respondent No.6 on 21.01.1996 ignoring the writ petitioner......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ...... aside the judgment and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ..

Category: Property Law | Date: | Hits: 29

Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)

....Court of Assistant Judge at Dhaka against Abdul Jalil and others for a decree of declaration including one that the power of attorney being No.7005 dated 02.07.80 and 8008 dated 30.12.89 executed and registered by defendant No.2 in favour of defendant No.5 Rabiul Awal was forged, collusive and of no......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......ce in the submissions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...

Category: Tenancy Law | Date: | Hits: 180

Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)

....A. Khatian was prepared in their names. Mizanur Rahman sold his .21 acres of land to Akkas Ali. Akkas Ali died leaving his son Abdur Rashid as his only heir. Abdur Rashid sold the said land by two registered deeds on 6.5.1987 to Md. Jasimuddin (the pre-emptor) now respondent. Said Yakub Ali sold...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......er, acquiescence or estoppel demolishing his right of pre-emption………..(14)  Cases Referred To- Akhlasur Rahman and others Vs. Safarullah and others, 14 BLD(AD) 20; Shi Audh Behari Singh Vs. Gajadhar Jaipura and others, (1955) I SCR 70; Fazaruddin Vs. Mai..

Category: Property Law | Date: | Hits: 32

Nazrul Islam Vs. State, 2007, 36 CLC (AD)

....he F.I.R, was lodged by Senior Principal Officer of the Agrani Bank. The case being Sutrapur P.S. Case No.40 (12) 97 under section 409 of the Penal Code read with section 5(2) of Act II of 1947 was registered. Police on completion of investigation submitted charge-sheet. The accused petitioner s......ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ...... High Court Division rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ..

Category: Criminal Law | Date: | Hits: 29

Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)

....0 5/8 decimals of land; Har Kumari was married to Hara Mohan t Dey and Chittan Ranjan and Monoranjan are their sons who used to work in Maitri Allumuniun Works at Maijdee; both of them executed and registered ewaznama deeds on 18.12.1981 and 22.12.1981 and delivered possession in exchange of 1.5......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......nator Nahar and others………….... Respondents Judgment 29 July, 2007. Cases Referred To- Md. Jashimuddin (Kanchan) Vs. Md. Ali Ashraf, 11 BLD (AD) 101; Munsur Ali Mallik Vs. Md. Nurul Hoque Mallik and others, 6 BCR 1986 (AD) 58; Most Sahara K..

Category: Property Law | Date: | Hits: 33

Khizir Haider and others Vs. State, 2007, 36 CLC (AD)

....ation praying for release of the above property stating that late Abdur Rahman Nur Daud was the original owner and after his death his heirs appointed Ismail Nur Mohammad as their attorney by four registered power of attornies and then Ismail Nur Mohammad gifted the above property in favour of o......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..

Category: Criminal Law | Date: | Hits: 43