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Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......ssed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......sp; Tenancy Act was served upon the original pre-emptor, Shusil Kumar Ghosh at the time of making transfer of the case land to the stranger purchaser, the pre-emptee and there is no positive evidence from the side of the pre-emptee to establish that the pre-emptor No.1 had any knowledge of..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......ed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......of fact and the High Court Division held that the Ext.6=Ext. Kha was duly executed by Somorthaban Bibi and it is a valid document. 9. Dr. M. Zahir then submits that D.W. 4 Helaluddin in his evidence stated that the plaintiff has been in possession of .07 decimals of land in the homestead ..Category: Property Law | Date: | Hits: 25
Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ......ed Shamsuddin is maintained. Ed. This Case is also Reported in: ...... the post mortem report has submitted that there is nothing in the post mortem report about marks of any burn injury on the body of the deceased. 3. The learned Counsel upon referring to the evidences of P.Ws.1-4 has submitted that these witnesses did not say that victim was called from hi..Category: Civil Law | Date: | Hits: 87
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ...... Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......d in taking evasive view on that point; that out of total 16.65 acres of appellants' land only 11.5750 acres was acquired in Special L.A. Case No.8 of 1964-65 and the fact was corroborated by evidence both oral documentary; that while deciding to sent the case back on remand to the learned ..Category: Property Law | Date: | Hits: 37
Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)
....arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ......ind no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ......fault to suffer rigorous imprisonment for 3(three) months more. 6. Being aggrieved the accused-petitioner filed Criminal Appeal Nos.3888 and 3889 of 2002 and a Single Bench on consideration of the evidence and materials on record dismissed both the appeals and upheld the conviction and sentence p..Category: Anti-Corruption Laws | Date: | Hits: 117
Abu Thaer Vs. Government of Bangladesh and another, 2008, 37 CLC (AD)
....t decision and there 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: ...... The petition is dismissed. Ed. This Case is also Reported in: ......e High Court Division made the Rule absolute holding that in terms of the principle laid down in 17 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: 26
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
....ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......lso Reported in: 28 BLD (AD) (2008) 215. ......43 of the Transfer of Property Act is available in favour of the defendant on consideration of Exhibit 'Kha', 'Gha' and 'Cha'. The defendant Nos. 8 and 9 neither in the written statement nor in the evidence tried to invoke the aid of section 43 of Transfer of Property Act on the strength of exhib..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit and Bread Factory and another, 2008, 37 CLC (AD)
....ity is such due to which the common consumers are likely to be deceived. We find no merit in this petition which is accordingly dismissed. This Case is also Reported in: 28 BLD (AD) (2008) 210. ......ted in: 28 BLD (AD) (2008) 210. ......pugned trade mark No. 21508 in class-30 he left the proceeding and the application was allowed to proceed to registration. As a matter of fact, the registrar of trade marks ought to have examined the evidence further and ought to have considered the application in the light of statutory objections u..Category: Intellectual Property Law | Date: | Hits: 231
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......n by reversing the conÂcurrent findings of fact arrived at by the Courts below specially the appellate Court which is final Court of fact when there was no misreading and non-reading of the material evidence on record and mis-construction of the documents. There is also legal infirmity in the judgm..Category: Tenancy Law | Date: | Hits: 141
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......(AD) (2008) 140. ......thereby the allotment was not acted upon and, as such, its inclusion in the 'Ka' list on 23-9-1986 in the Bangladesh Gazette was violative of the provisions of law and on a total misreading of the evidence on record of the High Court Division discharged the Rule which has caused grave failu..Category: Property Law | Date: | Hits: 23
Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)
....sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ......so Reported in: 13 BLC (AD) (2008) 138. ......igh Court Division also observed that the appellate Court being a final Court of fact arrived at a decision that the defendant No.1 failed to prove his case by producing cogent and reasonable evidence and declined to interfere with the concurrent findings of the Courts below. In..Category: Civil Law | Date: | Hits: 83
Abdur Rakib (Md) (Shahin) Vs. Shertaj Khatun and another, 2008, 37 CLC (AD)
.... 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: 13 BLC (AD) (2008) 137. ......sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 137. ......rused the petition, the impugned judgment and order of the High Court Division and other connected papers. 5. As it appears the High Court found that the Family Court considering the evidence on record, rightly decreed the suit but the appellate Court, without at all considering th..Category: Family Law | Date: | Hits: 155
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......ed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ...... the prayer for leave to appeal referring to the burial certificate and some other papers which are subsequent to 1979. We have already mentioned about the relevancy of the burial certificate as an evidence in determining the question of whereabouts of Asgar Ali after the emergence of Bangladesh..Category: Property Law | Date: | Hits: 21
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......er to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......ed from his control and possession in the manner as alleged but has been falsely implicated in this case out of enmity and grudge. 8. Thereafter, the learned Tribunal in consideration of the evidence on record as well as facts and circumstances of the case, however, found the accused peti..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......sts. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......t. It was also the case of the contesting defendant that the plaintiffs by creating forged and ante-dated documents want to grab the land in suit. 4. The trial Court on consideration of the evidence brought on record by the parties decreed the suit on the finding that though the plaintiff..Category: Property Law | Date: | Hits: 24
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......e petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......sed were members of the peace committee of the local area constituted in 1971. Their activities were controversial. They used to kill people in the peace camp. But during the course of inquiry such evidence was available. Reference was also made to the order of acquittal of the accused petitioner..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ...... Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......hat as it may, prosecution produced five witnesses while none was examined on behalf of the defence. Additional Sessions Judge, 2nd Court and Special Tribunal No.3, Kushtia in consideration of the evidence on record convicted the accused petitioner under Section 19A and 19(f) of the Arms Act rea..Category: Criminal Law | Date: | Hits: 24
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......ed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ....... 6. The learned Advocate-on-record took us through the materials on record but failed to point out that the finding as regard limitation is based on mis-reading or non-consideration of the evidence. The last Court of fact on due consideration of the evidence held that the Miscellaneous C..Category: Property Law | Date: | Hits: 21
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......) (2008) 163. ......ithin 7 days why the notice of no-confidence shall not be accepted against him; he was also asked to be present in the Special Meeting of the Union Parishad to be held on 08.08.2004 along with the evidence for the purpose of investigation, the petitioner submitted his reply denying the allegatio..Category: Others | Date: | Hits: 91
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......he facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......enue office for disposal of a mutation case cannot be characterised as judicial function. Because the Revenue Officers are not required by law to try a matter judiciously on the basis of the legal evidence. The enquiries which are under taken by them and orders passed for mutation in a mutation ..Category: Anti-Corruption Laws | Date: | Hits: 88
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