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Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....rom before the execution of the will but he could not do so as P.W.2 clearly admitted in cross-examination that he was an Advocate's clerk from before the execution of the will Ext. 2. From the above facts and circumstances it is clear that the execution of the will Ext. 2 is shrouded by suspicious ......t. Vs. Sunil Kumar Biswas………………Respondent Judgment August 1, 1993. Cases Referred to- 35 DLR (AD) 315; Smt. Jaswant Kaur Vs. Smi. Amril Kaur, AIR 1977 (SC) 74; Parash Chandra Bhowmik Vs. Hiralal, 36 DLR (AD) 156. Lawyers Involved: Abdur Rahim, Advocate ‑ For th......nufactured the will in blank cartridge papers obtaining thumb impression thereon fraudulently in collusion with deed writer of kabala Ext. 1 at the time of execution of the said kabala and in view of evidence of P.Ws. proving execution and attestation of the will Ext. 2, Court below was wholly wrong..Category: Property Law | Date: | Hits: 78
Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....t delivered by this Court in which one of us was a party in Writ Petition No.2577 of 1990 wherein it was held that the constitution of the Special Committee was done without any lawful authority. The facts of the said case are similar to the instant case. 5. Mr. Abu Taher Chowdhury, learned Advo...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badruzzaman J Azizul Haque……………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment August 28, 1991. Lawyers Involve......diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ..Category: Civil Law | Date: | Hits: 89
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....reprehensible when the plaintiff after having failed to obtain an order of injunction in the earlier suit brings the later suit and prays for injunction and gets ad interim injunction suppressing the facts that he had the other suit in another Court which had refused to grant injunction. It is no va......62. ...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......ed in: 45 DLR (HCD) (1993) 558. ......n respect of 5 gondas share of the defendant Nos.14(Ka) and 14(Kha) in the suit properties. 10. Mr. Miah Abdul Gafur, learned Advocate appearing for the appellants, placed before us the pleadings, evidence on record and impugned judgment. He submitted that the Court below was not justified in pas..Category: Property Law | Date: | Hits: 57
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
.... the rent of the premises in question and in the similar way thereafter at the rate of Tk. 6500.00 per month upto the delivery of the possession of the Suit property to the plaintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immed...... Mozammel Hoque J Md. Abdul Karim J Hosne Ara Begum……………………Appellant Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and Another……………………Respondents Judgment May 19, 1993. Case Referred to- ......nts of compensation, damage and mesne profits as shown in the plaint are all imaginary and there is no basis at all for such claims inasmuch as no inquiry was made, no survey was held and there is no evidence as to the damage and compensation as claimed by the plaintiff. The plaintiff examined one w..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....d also on a provision of law which is not applicable will be barred by the principle of res judicata in a subsequent writ petition on the same subject matter. It would be profitable if we narrate the facts out of which these appeals arise. 2. Respondent No.1, Rabitat Al-Alam Al-Islami, (Rabitat) ......M Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dr. Malik Mehdi Kabir...................................Appellant (In Civil Appeal No.59 of 2006) Md. Shahidullah Bhuiyan and others………….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami ...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
....6 of 2000 relating to petition No.137 dated 31.03.1994 under Sections 406/409/420/465/467/471 of the Penal Code now pending before the Court of the learned Magistrate, First Class, Jessore. 2. The facts as set out in the memo of Criminal Miscellaneous Case No.4427 of 2001, inter alia, are that on......inal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Nurul Hoque Sarkar @ Nurul Huq…………...................Petitioner Vs. State and others..................................................Respondents Judgment March 15, 200......t appears that the petition of complaint disclosed prima facie case. The High Court Division further held that whether or not the petitioner is connected with the offence can be ascertained only on evidence and therefore the petition under Section 561A of the Code of Criminal Procedure is miscon..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......egum................................Accused-Petitioner Vs. Md. Anwar Hossain............................Respondent Judgment November 28, 2007. Cases Referred to- Ajit Kumar Pramanik and others Vs. Bakul Rani Pramanik and others, 46 DLR 169; Abul Bashar Howlder Vs. The State and ano......rved that it will be decided at the time of trial. It is true thai falsity of allegations cannot be adjudged at the time of framing charge and the same is decided at the time of trial in the light of evidence that may be adduced by the parties in support of their respective contentions. In view..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....er rigorous imprisonment for a period of 2 years and to pay a fine of Tk. 6,00000/- (Six lac), in default of payment, to suffer a further period of rigorous imprisonment for six months. 3. The facts, in short, are that the appellant was a Chairman of Cox's Bazar Pourashava and in such capacit...... Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. Ferozur Rahman, Advocate-on-Record- For the Respondent. Criminal Appeal No.34 of 2006. From the judgment and order dated 17-11-2002 passed by the High Court Division in Criminal Appeal No.2463 of 1999) ......to reviewed by this Court in view of the established principle of law as already decided by our Supreme Court; the appeal is continuation of the trial and as such the Appellate Court can consider the evidence of the trial court and come to a finding whether the conviction and sentence can be legal..Category: Criminal Law | Date: | Hits: 89
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....ction 115 of the Code of Civil Procedure and summarily rejected the same by his impugned order. We do not find any wrong or infirmity in the impugned order calling for our interference. In above facts and circumstances of the case, we find no reason to disturb the same. The leave-petition is ac......vision (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Abdul Alim Akondo..........................................Petitioner Vs. Government of Bangladesh and others ..............Respondents Judgment April 8, 2009. Case Referred to- Abdur Rah......e-'Ka' of the plaint. Trial Court dismissed the suit which has been affirmed by the Court of appeal below in an appeal filed by the plaintiff-petitioner. Both the lower Courts on consideration of the evidence came to the finding that the plaintiff claims title in respect of .32 decimals of land out ..Category: Property Law | Date: | Hits: 61
Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
....et in Miscellaneous Appeal No.08 of 1996 affirming Order dated 19.02.1996 passed by the learned Senior Assistant Judge and Rent Controller, Sylhet Sadar in Miscellaneous Case No.29 of 1994. 2. The facts, in short, are that the suit premises belonged to one Momtaz Ali. The petitioner took lease of......: 16 MLR (AD) (2010) 415. ......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ..Category: Property Law | Date: | Hits: 58
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....subject to payment of interest of TK.6.00 lac as double of the principal amount by instalments within one year in view of limitation imposed by Section 47 of the Artha Rin Adalat Ain, 2003. 2. The facts involved in the case, in short, are that the petitioner never approached the respondent No.2 P......t: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Sreemoti Shipra Shaha.........................Petitioner Vs. Judge, Artha Rin Adalat No.3, Dhaka and others................Respondents Judgment October 6, 2009. Lawyers Involved: Md. Na......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149...Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....াখ্যা নাই। In view of the admission of defendant No. 1 about the execution of the bainapatra Ext. 1, it is difficult at this stage to disagree with the concurrent findings of facts of the courts below and to offer an opportunity to contesting defendant to fill up the lacuna ......ision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J Surendra Kumar Sinha J Sheikh Hassan.............................................Petitioner Vs. Mst. Shiriya Begum and another....................Respondents Judgment August 18, 2009. Lawyers involved: M......1998 and the learned District Judge, after hearing, dismissed the appeal holding that the bainapatra. Exhibit No.1, is a registered instrument and contents of the same can not be controverted by oral evidence. Being aggrieved the defendant No.1 moved the High Court Division and obtained Rule in Civi..Category: Property Law | Date: | Hits: 54
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
.... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......orted in: 16 MLR (AD) (2010) 134. ......is of the kabla dated 19.10.1960 whereas the plaintiffs claimed title and possession on the basis of a kabalas dated 15.2.1986 and 29.6,87 and further the plaintiff No.1, who deposed as P.W.1, in his evidence admitted that the defendant No.1 had constructed homestead on an area coloring .22 acres of..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....f the District Judge, Bhola in Title Appeal No.66 of 1998 reversing those dated 28.07.1998 of the Assistant Judge, Borhanuddin Upazila Bhola, in Title Suit No.53 of 1994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No.53 of 199......upreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Mostafa Kamal........................................Appellant Vs. Md. Nasir Ahmed and others..................Respondents Judgment May 27, 2008. Case Referred to- 31 DLR ......osed by the order dated 23.02.1992; that the plaintiffs have filed the suit making untrue statement. 4. The Assistant Judge, Borhanduddin Upazila heard arguments from both the sides, discussed the evidence and believed that the plaintiffs have been able to prove their case. So, the trial Court de..Category: Property Law | Date: | Hits: 64
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......l Haque J Surendra Kumar Sinha J Sonali Bank Ltd. represented by the Assistant General Manager, Bogra Corporate Branch...................................Petitioner Vs. Md. Nur Habib Bappi and others...............Respondents Judgment December 14, 2009. Lawyers Involved: A.K.M...... is also no bar for selling the mortgaged property in auction by the petitioner bank phase by phase to realize the dues of the decree holder. 4. We have heard the learned counsels and perused the evidence on record. 5. We are of the view that the High Court Division on proper consideration of..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......th M Hasan, Advocates ‑ For the Opposite Party Appellants. Ozair Farooq, Advocate ‑ For the Defendant‑Appellant. Appeal from Original Decree No.771 of 1991. with FAT No.369 of 1991 and Cross‑objection Case No.735 of 1991. Judgment ARM Amirul Islam Chowdhury J.- This appeal...... the defendant in respect of their respective rights against the judgment and decree passed by an Artha Rin Adalat. In the case of a defendant the appeal against the decree must be filed accompanying evidence of the payment of 50% of the decretal amount in the trial Court. In the case of an ex parte..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
.... Case No.49 of 2007 pending before the Metropolitan Special Judge, Dhaka in exercise of writ jurisdiction under Article 102 of the Constitution. 2. The above proceedings arose out of the following facts:- 3. The law enforcing agencies seized a duty free vehicle from the basement of UTC Bhaban,...... J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission represented by it's Chairman, Head Office-1, Segunbagicha, Dhaka and another ..................................................Petitioners Vs. Md. Enayetur Rah......clusion the High Court Division quoted the observations of the House of Lords, "in judicial review first three charges of the case were quashed, since committal on the fourth was independent of the evidence of two boys". We fail to understand as to why the High Court Division has considered the ab..Category: Anti-Corruption Laws | Date: | Hits: 214
....ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......Case is also Reported in: 16 BLC (2011) 909. ......very and such a shortage cannot be calculated on the basis of survey conducted at the shore tanks. He next submits that the Courts below completely misread and non-considered the oral and documentary evidence on record and passed the impugned judgments which are not sustainable in law. He further su..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
....my, but no such power has yet been delegated to the Director General, of the Academy meaning thereby the earlier charter of power, as formed on- 19-12-1987, remains unchanged. 17. On such admitted facts it appears that the Director General of বগুড়া পল্লী উন্নয়ন এ......ion (Special Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Majid……………………………...............Petitioner Vs. Local Government and Co-operative Ministry & 4 others …......Respondents Judgment February 22, 2009. ...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ..Category: Employment/Service Law | Date: | Hits: 64
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