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Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......ted by the Revenue Officer under section 20 of the East Bengal State Acquisition and Tenancy Act, 1950 and out of 81.81 acres of land in khas possession of the appellant as the Mutwalli and in his personal capacity a total quantity of 36.06 acres including homestead was allotted to him and the r..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......cable to the transfer under the Muhammadan Law. Further, though the Bengal Tenancy Act was a Provincial law it received the assent of the Governor General of India, and would, therefore, override the personal laws of Muhammadans. No comparisons was made between the provisions of section 26C and sect..Category: Property Law | Date: | Hits: 37
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......the key of the main gate along with 35 other keys which were not required and the defendants, after completion of inspection, though requested the Managing Director of the plaintiff to send a person, with his signature duly attested, to take back the keys but he did not take any steps in th..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....ly the vessel at night or even at the early hours of the day i.e. time at which collision said to have taken place, although not established by the evidence of competent witness In Ext. A the Inquiry Officer had blamed the Masters of both the vessels and that taking into consideration the e......e is not aware whether the Master of the vessel had lisence. The witness has stated that there might have no pilot of the vessel on the date of occurrence. P.Ws. 2-4 who claimed to be the persons of the locality have stated that the accident took place "when the sun was about to r..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ll free and voluntary and confessional statements had been obtained by police through torture upon them and it is unsafe to base conviction on an oral confession unless proved by evidence of a person of unimpeachable character and before the High Court Division similar contention was a..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......e dealt with as per the law as is in force at the relevant time i.e. as per the provision of section 5A of the Criminal Law Amendment Act, 1958. The provision of Article 35(1) provides that a person would be convicted for violation of the law that was in force at the time of commission..Category: Criminal Law | Date: | Hits: 48
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......ot take any step to correct the name of the plaintiff by amending the plaint and as such the vendor of the Sale Deed No. 5666 dated 13.12.56 and the plaintiff of the present suit being not the same person it can not be said that the plaintiff executed the said sale deed and thus the above d..Category: Civil Law | Date: | Hits: 83
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......lied upon by the plaintiffs. The papers i.e. the patta on the basis of which averments were made in the plaint and claim in respect of 34 decimals of land was made does not contain the name of the person through whom plaintiffs claimed the land in suit. This being the position, the contenti..Category: Property Law | Date: | Hits: 24
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....d of within 60 days from the date of submission of the appeal, that the inquiry report on the basis of which plaintiff was dismissed from service was violative of the provision of Rule 45(2) since Inquiry Committee was not authorized to make recommendation as to the nature and period of pun......st 5 employees including the plaintiff with the finding that the said employees misappropriated materials of the WAS A and thereupon plaintiff and thereupon issued show cause notices to the said 5 persons including the plaintiff, that as per the disciplinary rules as the proceeding initiated cou..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... it; but the lessor shall not, by reason, only of such transfer, cease to be subject to any of the liabilities imposed upon him by he lease, unless the lessee elects to treat the transferee as the person liable to him: Provided that the transferee is not entitled to arrears of rent due before ..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......e being no complaint/representation from the holders of at least five percent of equity securities of the company, the Commission had no jurisdiction to cause or order an enquiry to be made by any person into the affairs of any issuer of a listed security inasmuch as the Commission while exercis..Category: Criminal Law | Date: | Hits: 36
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..Category: Criminal Law | Date: | Hits: 41
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ...... said plot in the 'Kha' list of the abandoned property. 5. The High Court Division in its judgment referring to the decision reported in 48 DLR (AD) 1 took the view that the duty is upon the person, who claims that the property is not abandoned, to show that at the relevant time, i.e. when..Category: Property Law | Date: | Hits: 41
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...Category: Tenancy Law | Date: | Hits: 180
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ...... of the direction for furnishing particulars of the heirs of the deceased defendant No. 3. 5. It was contended before the High Court Division that the suit having been filed against the dead person, is a nullity in the eye of law and consequent thereupon as no suit lies against the defend..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......of the pre-emptor Md. Jasimuddin the case land was sold to the pre-emptee Md. Dewan Ali. It is also contended in the written objection that the pre-emptor Md. Jasimuddin in presence of respectable persons of the locality including Mohammad Ali, O.P.W.2, refused to purchase the case land and pres..Category: Property Law | Date: | Hits: 32
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..Category: Criminal Law | Date: | Hits: 42
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......er the Ordinance, the homestead must be. in a rural area and the exemption from the legal processes is available only to an 'owner' of such a homestead; it will be illogical to hold that any person, who is in possession of a homestead, will be an 'owner' and enjoy the protection under the ..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......g inter-alia, that he purchased the case house described in the schedule of the petition of complaint vide registered deed No.1558 dated 20-06-1991 and he has been possessing the same. The accused persons created a forged deed on 17-04-2000 with an intention to grab the properties of the complai..Category: Criminal Law | Date: | Hits: 39
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