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Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ...... Nuruddin alias Nuron to imprison for life. 3. We have heard Helal Uddin Mollah, the learned counsel for the petitioner and perused the judgment and order of the High Court Division and the evidence and other materials on record. 4. As it appears the High Court Division dismissed t..Category: Criminal Law | Date: | Hits: 39
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
.... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......ame is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......the appellant and perused the judgment of the High Court Division and other connected papers. 8. It transpires from the record that the High Court Division on careful sifting and evaluation of the evidence and materials on record reached a final conclusion of fact that respondent No. 2 Jasimuddin..Category: Criminal Law | Date: | Hits: 38
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ...... fixed for framing of charge after going on bail and prayed for discharging them on the grounds that there is no materials on record for framing of charge against them but police without any legal evidence submitted charge sheet against them along with others and prayed for their discharge. The ..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ......lso Reported in: V ADC (2008) 970. ......plaintiff sold the same land to Siddique Ali which the plaintiff and Haji Abdur Raquib purchased by exihibit-3. The learned Counsel further submitted that none of the Courts considered that no evidence was led to show that there was any fraudulent insertion of plot number in exhibit-'Ka' by..Category: Property Law | Date: | Hits: 29
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......ioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......iberty Foods Company Limited filed notice of opposition against registration of the appellants trade mark giving rise to Opposition Case No. 1642 of 2000. The opposite party No. 2 did not file any evidence in support of its opposition and the Opposition Case No.1642 of 2000 was treated as abando..Category: Intellectual Property Law | Date: | Hits: 306
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......ppeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......or the appellant, after placing all the relevant papers, contended that while decreeing the suit for ejectment on the ground of bonafide requirement, the learned S.C.C. Judge having considered oral evidence of Pw.1 and the plan approved by the Municipality (Exhibit-2), the High Court Division co..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ...... is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ...... Single Judge of the High Court Division committed a grave error of law occasioning failure of justice in not finding that the court of appeal below upon misconception of law and misreading of the evidence illegally allowed the appeal and reversed the judgment and decree of the trial Court witho..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ......so Reported in: V ADC (2008) 948. ......soletium. The plaintiffs have got no title and possession and therefore the suit is liable to be dismissed with costs. 4. The trial Court upon examining both oral and documentary evidence on record decreed the suit against which, the defendant-petitioners preferred an appeal be..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......so Reported in: V ADC (2008) 944. ......elief. 7. In course of trial, the plaintiff and the defendants have adduced witnesses in support of their respective claim. The learned trial judge upon careful consideration of all the evidence both oral and documentary and other materials on record passed the judgment and decree da..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......o protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ...... The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is necessary for determining the real question of controversy betwe..Category: Procedural Law | Date: | Hits: 173
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ...... Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......d that the defendant No.1 has been residing in the suit land and the plaintiffs having no right, title and possession the suit was liable to be dismissed. 5. The trial court after recording evidence of six witnesses of the plaintiff and four witnesses from the defendant and considering th..Category: Property Law | Date: | Hits: 26
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......e petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ....... 6. The High Court Division on consideration of the materials on record held as under: "Save and except that submission made by the learned Advocate there is no other evidence to show that the payment of dower was made by the defendant. The Family Court below discu..Category: Family Law | Date: | Hits: 188
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......ssed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......discharged the Rule on the finding that the plaintiff has title in the land in suit and that the finding of the trial Court as to possession of the plaintiff in the land in suit is not based on any evidence since papers filed at the time of hearing of the injunction petition from the side of the ..Category: Property Law | Date: | Hits: 25
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......issed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......e of law. 9.The Appellate Court took up the second point for consideration first and upon consideration of the materials brought on record by the parties as well as upon considering the evidence, both oral and documentary, arrived at the finding "So thus as per admiss..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ...... in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......led to make a further prayer for setting aside the said order dated 16-6-1969 by which the Board of Revenue set aside the auction-sale and that the plaintiff-respondent No.1 had failed to prove by evidence that he got possession of the said land through court by proving and exhibiting the writ o..Category: Property Law | Date: | Hits: 42
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......n him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......ppeal and acquitted the accused respondent as already mentioned above. 8. Leave was granted to consider the submissions made on behalf of the appellant that the High Court Division did not discuss evidence produced by the prosecution though sixteen witnesses were examined and that the High Court ..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere 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: 14 BLC (AD) (2009) 19. ...... dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ...... High Court Division made the Rule absolute holding that in terms of the principle laid down in 1997 BLD(AD) 118, once a building is included in either list of abandoned buildings it is conclusive evidence that the building in question is an abandoned property which means that the original owner..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
.... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......gh Court Division that if a prisoner decamps and thereby forfeits the right of audience, the sentence of death may be confirmed in his absence. On merits Mr Manzur Qadir took us through the evidence on the record, but failed to make out a case for interference with the conviction and se..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......is also Reported in: 28 BLD (AD) (2008) 241. ......oper foundation for recounting of ballot papers. The respondent No.1 of the election petition seriously contested the plea of recounting of ballot papers 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by judgment and order dated 24.07.2005 al..Category: Election Law | Date: | Hits: 159
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......e on the date, time, place and in the manner as alleged but they have been falsely implicated in the case out of enmity and grudge. 8. Thereafter, the learned trial Court on the basis of the evidence on record convicted the present petitioners under Sections 302/34 of the Penal Code and se..Category: Criminal Law | Date: | Hits: 22
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