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Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 519. ...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 519. ......n the affidavit in question confirming oral gift of first floor of the building in question in favour of the defendant No.1 was obtained by duress or coercion and the plaintiff also did not adduce evidence to prove such plea. 8. Thus it is clear that the signatures of the plaintiff in the..Category: Property Law | Date: | Hits: 20
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ......Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Abdul Khaleque Pramanik being dead his legal representatives: Mossamat Chandrabhan Bewa and others ...............Petitioners......laintiff constructed illegally a house in the suit land and that there is no merit in the suit of the plaintiff and as such it is liable to be dismissed. 5. The trial court recorded evidence of witnesses produced by both the parties and by judgment and decree dated 26.10.1994 dis..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ...... of gift alleged to have been executed by Ajit Kumar Roy, without at all considering that the said gift was not acted upon. The learned counsel further submits that the High Court Division from the evidence on record further found that in support of the suit the plaintiffs only produced Exhibit-..Category: Property Law | Date: | Hits: 29
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ...... dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......that they claimed land of some other plots which are not the subject matter of the suit. It was also submitted that the Court of appeal below being the final Court of fact did not consider the oral evidence as regard possession of the parties inspite of the fact that in a suit for permanent inju..Category: Property Law | Date: | Hits: 19
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....cord 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: 13 MLR (AD) (2008) 359. ...... This Case is also Reported in: 13 MLR (AD) (2008) 359. ......nt injunction simplicitor, the question of title can be taken into consideration incidentally and the trial court did so. The High Court Division also held that the trial Court correctly sifted the evidence on record and found exclusive possession of the plaintiffs in the suit land. But the appe..Category: Property Law | Date: | Hits: 30
Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)
....to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ...... This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......titioner and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the plaintiff embraced Islam and his mother also embraced Islam. It is in evidence that his mother died in 1976 in the suit land and she was buried in the suit land and no o..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......rted in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......property from the list of vested property and restore vacant possession thereof to the writ-petitioner within 30 days from the date of receipt of copy of the impugned judgment without considering the evidence on record in its true perspective; that the property is admittedly owned by the Hindu owner..Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ...... This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......did not receive any amount as earnest money. The identity of Md. Muslim, the admitted allottee was not challenged by the writ petitioner during his cross-examination in the Court. Md. Muslim in his evidence further stated that he was in Pakistan defence service and during 1971 he was posted at D..Category: Civil Law | Date: | Hits: 119
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......s also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ......ants but the High Court Division was pleased to go beyond the pleading of parties and misreading, misinterpreting and misapplying the Exhibit Ka (1) and Exhibit Ka(2) and even without touching the evidence of a single P.Ws. and D.Ws. regarding adverse possession made the Rule absolute to the ser..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......mptee-Petitioner Vs. M. Abu Mohammad and others............................Pre-emptor-Respondents Judgment March 18, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Nurul Islam Chowdhury, Advocate-on-Record-For Re......-emtpee No.14 by kabala dated 19.02.1989 were sham paper transactions only to defeat the preemption and the case comes within the mischief of the doctrine of lis pendens, against the weight of evidence on record both oral and documentary and to the serious prejudice to the petitioners. Last ..Category: Property Law | Date: | Hits: 33
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......pondent in Criminal Petition No. 357 of 2006 and perused the judgment of the High Court Division and other connected papers. 7. The prosecution in support of its case mainly relied upon the evidence of P.Ws.10 and 11 who are said to be eye witnesses to the occurrence, the dying declaratio..Category: Criminal Law | Date: | Hits: 36
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ......t decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ......e offence under section 4 of the Dowry Prohibition Act was found to have been committed by the High Court Division. The High Court Division further held that the demand for dowry has been proved by evidence of P.Ws. 1, 2, 3 & 4. 7. In the facts and circumstances of the case and in view..Category: Criminal Law | Date: | Hits: 31
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity 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: 13 MLR (AD) (2008) 262. ......e is also Reported in: 13 MLR (AD) (2008) 262. ......faith and when any action is actuated not by good faith but otherwise, the same must be held to be malafide. 8. We are of the view that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The learned counsel could not point..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......sed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......n; that the High Court Division committed a grave error of law occasioning failure of justice in not holding to the effect that the appellate Court below on misreading and on misinterpretation of the evidence on record allowed the appeal. and decreed the Suit being failed to appreciate the evidences..Category: Property Law | Date: | Hits: 42
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......38 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......oceeding under section 561A of the Code of Criminal Procedure in view of the decision of the Appellate Division in Abdul Quader Chowdhury vs. State reported in 28 DLR (AD) 38 that where assessment of evidence is involved the case cannot be quashed……………..(16) Cases Referred to- Abdul ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......his Case is also Reported in: 60 DLR (AD) (2008) 185. ...... the order of deletion is without jurisdiction; that trial before a speedy tribunal is under the identical Code of Criminal Procedure as in a Court of Sessions trying Sessions cases by application of evidence act with right of appeal before identical appellate forum of the Supreme Court, the High Co..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......inals of all the annexures to the application and prove the same in accordance with law. ...... were used for packing the milk powder in the factory of the appellant. A perusal of the minutes of the meeting of the Board of Directors of the appellant held on 30-7-1995 in Melbourne, Australia, evidence that a decision therein was taken to the effect that the respondent would continue to supp..Category: Intellectual Property Law | Date: | Hits: 245
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......he assessee within 30 days. Where a return is filed and the Deputy Commissioner of Taxes is not satisfied without requiring the presence of the person who filed the return or the production of the evidence that the return is correct and complete, he serves on such person a notice requiring him t..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......(2007) AD 239. ......ted therein to show cause before the Appellate Committee within such period as may be specified in the notice why the notification should not be published and until the cause, if any, shown and any evidence that may have been produced in support of the same before the Appellate Committee and..Category: Property Law | Date: | Hits: 23
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......sioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......by this Division. 9. Mr. Zahirul Haque Zahir, the learned Deputy Attorney General appearing for the appellant, submitted that the learned Judges of the High Court Division by misreading evidence on record and under misconception allowed the appeal and acquitted the responden..Category: Criminal Law | Date: | Hits: 24
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