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Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)

....nd as such there is no cogent reason to inter­fere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ...... said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......itnesses and the accused persons were also examined under section 342 of the Code of Criminal Procedure and they pleaded not guilty. 6. The trial court on consideration of the circumstantial evidence and. the confes­sional statement of the convict appellant convicted him under section ..

Category: Criminal Law | Date: | Hits: 47

Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)

....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......e Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......ha who pleaded not guilty thereto and claimed trial in accordance with law. The prosecution in order to prove the charge examined 9 witnesses and tendered three. After the close of the prosecution evidence, the accused were examined under section 342 of the Code of Criminal Procedure when they a..

Category: Criminal Law | Date: | Hits: 51

Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)

....of the High Court Division. Accordingly, both the Jail Petition and Criminal   Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......sp;  Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ...... a result of the above mentioned injuries which were antemortem and homicidal in nature." 10. We have heard Mr. A. B. M. Bayezid, the learned Advocate for the petitioner and perused the evidence and other materials available in record. The critical analysis of the evidence on record,..

Category: Criminal Law | Date: | Hits: 32

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

.... that state of the matter we do not find any merit in this petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 695. ......y;missed. Ed. This Case is also Reported in: V ADC (2008) 695. ......jecting the petition for leave to appeal filed against the judg­ment of the High Court Division noticed that the High Court Division made the Rule absolute on the finding that no tangi­ble evidence was brought before the Court in justification of listing the property in the list of aband..

Category: Property Law | Date: | Hits: 24

Md. Nazim Uddin Vs. Managing Director and others, 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: V ADC (2008) 690. ......as to call for any inter­ference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ......কারী প্রার্থিত প্রতিকার পেতে হকদার হয়”। 9. We are of the view of that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The learned counsel also could not p..

Category: Property Law | Date: | Hits: 32

Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)

....nfirmity 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: V ADC (2008) 687. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 687. ......­ings of fact of the final court of facts except in exceptional circumstances i.e. when the findings are shockingly perverse or are vitiated by non-consideration and misreading of the material evidence or misconstruction of any important docu­ment affecting the merit of the suit and furt..

Category: Property Law | Date: | Hits: 25

Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)

.... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ......he judgment and decree of the trial Court. The High Court Division on consideration of the materials on record arrived at the finding "It appears that the appellate Court did not consider the evidence of all the P.Ws. and D.Ws." and that the appellate Court misread the evidence of P.W...

Category: Property Law | Date: | Hits: 21

Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)

.... 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: V ADC (2008) 673. ......smissed. Ed. This Case is also Reported in: V ADC (2008) 673. ......ivision, after hear­ing, discharged the Rule. 4. The learned counsel appearing for the defendant No.1 petitioner submit that the trial court on consideration of the oral and documentary evidence arrived at the find­ing that exhibit 'Kha" shows that the land­lord obtained ..

Category: Property Law | Date: | Hits: 20

Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)

....y 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: V ADC (2008) 667. ......ismissed. Ed. This Case is also Reported in: V ADC (2008) 667. ......casion arises for hear­ing this civil revisional application along with Civil Revision No. 2648 of 1997. 6. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned counsel could not p..

Category: Procedural Law | Date: | Hits: 68

Mosammat Namiran Nessa Vs. Aftaruddin & oth­ers, 2007, 36 CLC (AD)

....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......Case is also Reported in: V ADC (2008) 662. ......sion on consideration of the materials on record held that the appellate Court committed an error in law in holding that the Wasiyatnama in question is a heba deed without properly considering the evidence on record. The High Court Division further held that admittedly the plaintiff is the broth..

Category: Property Law | Date: | Hits: 23

Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)

....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......Case is also Reported in: V ADC (2008) 646. ......dis­missed. 4. Mr. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to discuss and consider the evidence of P.W. 1 who himself admitted the fact that out of four plots of the land under pre-empt..

Category: Property Law | Date: | Hits: 21

Bangladesh Bank and another Vs. Administrative Appell­ate Tribunal, 1991, 20 CLC (AD)

....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ...... J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and another................... Petitioners. Vs. The Administrative Appell­ate Tribunal, represented by its Chairman, Supreme Court Premises, Ramna, Dh......where there is some substantial question of law of public importance which serves to be decided by this Court, where grave miscarriage of justice has resulted from illegality or from misreading of evidence or from excluding or illegally admitting material evidence or when a person has been dealt..

Category: Administrative Law | Date: | Hits: 180

Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)

....e hereinabove 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: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......ed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......ecreed ex parte. It was also the contention of the plaintiff-opposite parties that by the ex parte decree defendants had not suffered any loss or injury. 7. The trial Court on consideration of the evidence of PWs 1-3 arrived at the finding that the defendant petitioners were fully aware of the da..

Category: Limitation Law | Date: | Hits: 171

Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)

....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ...... costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ......yer was present. The Court of Settlement dismissed the case on the finding "From the papers submitted before us by the parries and in the absence of original agreement for sale and that other evidence on the point it is difficult for us to appreciate the case of the petitioner." ..

Category: Property Law | Date: | Hits: 32

Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)

...., as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......st. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......er any wrong nor any fraud as alleged but the Deputy Commissioner most  illegally cancelled the valid lease and the suit was filed malafide and prayed for dismissal of the suit. 4. Upon recording evidence and hearing the parties the learned Subordinate Judge dismissed the suit, against which the..

Category: Property Law | Date: | Hits: 41

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

.... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......nbsp; April 5, 2005. Case Referred To- Shree Sudhir Chandra Das vs. Amena Khatun and others. Lawyers Involved AJ Mohammad Ali, Senior Advocate, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—Appellants. Sultan Ahmed, Advocat...... "Mr. AJ Mohammad Ali, the learned Counsel appearing for the petitioners, submitted that the plaint case being that the defendant was a permissive possessor under him but there being no evidence led to prove the same, the High Court Division erred in affirming the decree passed by th..

Category: Property Law | Date: | Hits: 25

Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)

....missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ......he law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ......." "The learned Advocate submits that the domestic inquiry was held properly and fairly wherein the witnesses were examined and cross-examined and respondent No.2 signed memorandum of evidence himself and did not raise any objection against the enquiry committee and, as such, the ..

Category: Labour and Industrial Law | Date: | Hits: 117

ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)

.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......on of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......sources of her income does not offend her right guaranteed under Article 35(4) of the Constitution as the notice did not suggest that she was made an accused in any criminal case or compelled to give evidence against her.………(41 and 42) Cases Referred to- Mustafizur Rahman vs. DG, Anti-Co..

Category: Anti-Corruption Laws | Date: | Hits: 144

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......gong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......ot within commercial area and the question of construction of a residential building is a malafide plea taken for evicting them. 4. The trial Court on detailed discussions and consideration of the evidence of the parties decreed in the suit upon arriving at the findings that the notice served und..

Category: Tenancy Law | Date: | Hits: 169

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......s to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ..

Category: Property Law | Date: | Hits: 46