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State Vs. Matiur Rahman, 2007, 36 CLC (AD)
.... prisoner it is to be seen whether the prosecution on the basis of circumstantial evidence had been able to prove the guilt of the condemned prisoner beyond all reasonable doubt and it is not disputed by the defence that the victim died of her stab injury received while she was with her hus......No.3(6) 94 directed CID to investigate the complaint case but since CID failed to submit any report, the learned Magistrate referred the matter to Mr. Ranjit Kumar Das, Magistrate Second Class, for holding judicial inquiry who, on inquiry, submitted report with the finding that offence under..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......n has come to with ill motive to take revenge upon the accused and the delay is lodging the FIR together with failure to prove the occurrence by good and satisfactory evidence as well as with holding of alleged companion of the deceased, who was with him (deceased) at the time of occurrence..Category: Criminal Law | Date: | Hits: 44
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......as extinguished in any manner and Dalimjannessa having not claimed in the alleged deed of settlement exhibit-3(Kha) 'Ka' schedule land by way of inheritance, the Court of appeal below erred in not holding that the suit for simple partition is not maintainable without a declaration of title ..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......ali property with the defendants; that he has mutated his name for the said land vide Mutation Case No. 197 of 1987-88 and has been running his business therein on payment of rents and by holding trade licence from the Paurashava; that Ochi Miah was owner of the rest 0.14 decimals of l..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
....tion 21 of the import Policy. The respondent has neither availed of the form of appeal or review against such determination of fact by the Chief Controller of Export and Import. 17. In view of the disputed assertion regarding the age of the imports in question the High Court Division exceeded its...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....learned Counsel for the petitioners and Mr. Bazlur Rahman, the learned Advocate for respondent No. 1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the writ petitioner and the added respondents were appointed by the same appointment l......he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ...... and vague statement of D.W.3, which did not help in any manner, relating to the plaintiffs alleged possession far less specific possession and hence the appellate Court was quite justified in holding that the plaintiffs were not entitled to a decree for want of proper identification of the ..Category: Property Law | Date: | Hits: 27
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....ing by those sale deeds, they had no right for pre-emption. 8. As it appears the High Court Division found that the Trial Court, without determining the validity and genuineness of the disputed sale deeds, of which exhibits-A, B and C, are the certified copies, held that the pre-empt...... on consideration of the evidence and also three certified copies of the registered sale deeds, Exbt. A, B and C found that the preemptors exhausted their right, title and interest in the case holding and accordingly dismissed the case. On appeal the learned District Judge reversed the above..Category: Property Law | Date: | Hits: 21
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......o.1 as the writ petitioner filed the aforesaid writ petition challenging the order dated 5.11.2006 passed by the respondent No.2 on the complaint filed by the petitioner, writ-respondent No.4, holding that the bid offer of the respondent No.1, writ-petitioner, was non-responsive and any proc..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......ailed to do anything for protection of the interest of the appellant Bank and so he was proceeded against on 12 heads of charges by the competent authority and the enquiry officer, after holding enquiry according to Rules, found him guilty on all other charges except for charge No. 4 ..Category: Administrative Law | Date: | Hits: 104
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
.... We have heard Mr. Khandaker Mahbubuddin Ahmed, the learned Counsel for the petitioner in both the cases and perused the judgment of the High Court Division and other connected papers. 6. It is undisputed that the suit land along with other land belonged to Mendi Mia who executed a registered de......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......on simpliciter but from the contents of said exhibit it is clear that order of termination was in fact passed as a measure of punishment. However the High Court Division made the Rule absolute holding that the decisions reported in 46 DLR (AD) 1 and 47 DLR (AD) 66 are quite consistent on th..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......rs, placed before us the impugned judgment of the High Court Division as well as judgments of the Courts below and thereafter contended that the High Court Division committed an error of law in not holding that in the facts and circumstances of the case, there is no manner of application o..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......ion 17 of the Act 1991 would not be withdrawn filed Writ Petition No. 2297 of 1995 whereupon Rule was issued and, after hearing, the High Court Division by judgment dated 1.7.97 discharged the Rule holding that though against the liabilities as shown on account of Emzad Enterprise and York Garmen..Category: Banking Law | Date: | Hits: 112
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
..... 113 of 1992 under section 7 of Ordinance No. 54 of 1985 on the ground that the same has been passed without lawful authority. 3. The case of the writ Petitioner, in short, is that the disputed premises namely F/G/7, Sher Shah Colony (Housing Estate) Chittagong was allotted to one N......als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..Category: Property Law | Date: | Hits: 27
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......005 passed by Company Bench of the High Court Division in Matter No. 4 of 2005 rejecting the application filed by the petitioner under section 81(2) read with section 85(3) of the Companies Act, 1994 holding that the above application is not maintainable. 2. The petitioner filed the above Matt..Category: Business or Commercial Law | Date: | Hits: 151
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....ahar Ali Khan, the proforma defendant No. 4 and Arshad Mallik, the second son of the plaintiff, relating to their business and then out of grudge and enmity the proforma defendant No. 4 created the disputed kabala in favour of defendant Nos. 1-3 in respect of the suit land without the knowle......fter 10 years; the trial court believed the evidence of P.Ws. merely because of the financial and social status of the plaintiff. 4. As it appears the High Court Division discharged the Rule holding that the original documents relating to auction purchase, confirmation of auctio..Category: Property Law | Date: | Hits: 63
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... claimant of the land the certificate sale was illegal. 8. The learned Advocate-on-record could not point out that the High Court Division and the lower appellate Court were in error in holding that the certificate case in which plaintiffs land was sold was started in the name of dea..Category: Property Law | Date: | Hits: 22
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ...... new Khatian No. 23 in the name of defendant No. 1 was wrongly prepared and that the same is liable to be recorded in his name in the rent roll Khatian No. 22. 3. The plaintiff's case is that the holding belonged to Agardi Sonaru who died leaving defendant No. 3 as heir. She made a gift of the..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ad with section 5(2) of Act II of 1947. The case was subsequently sent to the Court of Special Judge, Rajshahi Division. 7. The High Court Division by the impugned order discharged the Rule holding, inter alia, that section 339(C) of the Code of Criminal Procedure having been amended and..Category: Criminal Law | Date: | Hits: 96
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