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Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......hich they pleaded not guilty. 5. During trial the prosecution examined 12(twelve) witnesses while the defence examined none. 6. The learned Special Judge, Jessore considering the evidence and the materials on record as well as the facts and circumstances of the case found ..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ...... High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......ungle. P.W.8, Jatindra Nath Mondal, Medical Officer, Sadar Hospital, Sariatpur who was one of the members of the Medical Board holding post-mortem examination over dead body of the deceased, in his evidence stated that they found the following injuries on the person of the deceased: 1. One a..Category: Criminal Law | Date: | Hits: 26
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ...... (2008) 430. ......ommitted error in decreeing the suit reversing the judgment of the lower appellate court. 11. He submits that the lower appellate court being the last court of fact disbelieved the evidence produced by the plaintiff and dismissed the suit and the High Court Divis..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ...... Case is also Reported in: V ADC (2008) 426. ......of appeal below and the High Court Division without controverting the finding of the trial Court and without noting testimony on record wrongly held that the defendant did not adduce any evidence in respect of their possession and the learned judge of the High Court Division failed to ..Category: Property Law | Date: | Hits: 19
Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)
....iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ......ho figured as O.P.W.3 admitted that he did not find all the defendants in the locality and that he did not make any attempt to serve the summons on the family members of the defendants and that the evidence of the O.P.W.2 who claimed to be the attesting witness is inconsistent with the evidence o..Category: Procedural Law | Date: | Hits: 78
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......vision or in the judgment and decree of the Courts below calling for interference. The finding of fact arrived at by the appellate Court and the trial Court being based on due consideration of the evidence and that there being no mis-reading or non-consideration of the evidence by the last ..Category: Property Law | Date: | Hits: 22
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......n: V ADC (2008) 412. ......oner Vs. Shamsuddin and others..........Respondents Judgment April 23, 2007. Result: The petition is dismissed. Unless there is gross misreading or non consideration of material evidence on record or misconstruction of any document or that finding are perverse and contrary to..Category: Property Law | Date: | Hits: 21
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ......s Case is also Reported in: V ADC (2008) 407. ......it by sending the same to the appellate Court below on remand by obtaining the report of DNA test of the plaintiff and the disputed child when the suit could be well-disposed of on the basis of the evidence on record adduced by both the parties and as such there has been a miscarriage of justice..Category: Civil Law | Date: | Hits: 128
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......oner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ......1 filed the photocopy of the parcha of suit land which was also admitted by the plaintiff and marked Exhibit-'Ga' without any objection but the trial Court did not consider this Exhibit, a piece of evidence of possession in a suit under Section 9 of the Specific Relief Act rather relied all the P...Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin...........................Petitioner Vs. Azizul Hussain and others........ Respond......d that the pre-emptor is in possession of the case land; that the burden of proof respecting knowledge of the impugned transfer having been primarily discharged by the pre-emptor through oral evidence and also by production of the certified copy of the sale deeds under preemption, the ..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 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: 12 BLC (AD) (2007) 105. ......ssed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 105. ......ney on the reverse side of the 1st page of the agreement for sale. On the aforesaid finding trial Court decreed the suit. 5. The High Court Division, on independent consideration of the evidence, both oral and documentary, held that the plaintiff satisfactorily proved that on 15-..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... deed of gift. The defendant No. 5 deposed as PW 2 in support of the case as in the written statement and also prayed for saham. Defendant No. 7 died before the trial. At the trial the parties led evidence both oral and documentary. 6. The trial Court on consideration of the evidence on r..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......missed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......der and so the same cannot vest in the Government; the appellate Court as well as the High Court Division failed to consider that the plaintiffs by examining 5 witnesses and by adducing documentary evidence, Exhibits 1-39 in respect of which no objection was raised, proved their right title, int..Category: Property Law | Date: | Hits: 28
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......missed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......ed and fabricated and accordingly, held that no settlement was granted by those rent receipts. We are of the view that the High Court Division, considering the pleadings of the parties, the evidence of PW.1 and the documentary evidence including Exhibits 2, 4 and 5 series, arrived at the..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......sts. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......rvices of summons were made in that address; the allegation of not knowing the whereabouts of Abdur Rashid Khan, the husband of the defendant No. 1, is nothing but myth and altogether disproved by evidence; the said Md. Abdur Rashid Khan was made party in the miscellaneous case as opposite party..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ...... costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......he findings that the suit was not barred by limitation and the suit as framed is maintainable and that the plaintiff has proved his right, title and interest in the land in suit, that from the evidence of PW 4 it is seen that the power of attorney (Exhibit 3) and the kabala dated October 16,..Category: Property Law | Date: | Hits: 31
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......ore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......nder sections 302/34 of the Penal Code to which they pleaded not guilty and claimed to be tried. 4. 17 witnesses were produced on behalf of the prosecution while defence did not adduce any evidence. According to the drift of the suggestion made to the prosecution witnesses, the accu..Category: Criminal Law | Date: | Hits: 99
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......he petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......t of some dags of the schedule land as a public waqf whereupon, after hearing but without any notice to many of the petitioners and other co-sharers and also without any spot verification or taking evidence, order was passed for enrolment of the schedule land as waqf property with Md. Madaris Ali..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ...... Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ...... from 28-12-1928 as the mortgage which was made on 27-12-1927 become redeemable on and from 27-12-1928 but the suit was filed on September 27, 1989, Chat the Court of appeal below on misreading the evidence and misconstruing the document as well as the provision of law allowed the appeal upon se..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......d with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......at as Firoz Bhuiyan was dead and his son Babul was minor and because of that RS record was prepared in the name of the plaintiffs and the defendants, that plaintiffs by documentary as well as by oral evidence have established their title and possession in the land in suit. Thereupon, the defendants ..Category: Property Law | Date: | Hits: 33
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