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Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)
....as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ...... dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ......bsp; 4. The trial Court in consideration of the evidence on record dismissed the suit by the judgment and decree dated 24th May, 2001 against which..Category: Property Law | Date: | Hits: 22
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)
....High court Division committed no illegality in dismissing the appeal. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ......e find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ......the month of April 1987 after publication of the mark in the Trade Marks Journal the opponent, the respondent No.2 filed opposition Case No.527 of 1987 and the registrar of trade mark after receiving evidence and hearing both the parties allowed the opposition case' and refused registration of the t..Category: Intellectual Property Law | Date: | Hits: 196
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ......s to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ......this Court." "Because in the advertisement of Bangladesh Public Service Commission (BPSC) dated 21.05.2001, it was mentioned that candidates having teaching experience or evidence of research work and publication will get preference"; that all the selected candida..Category: Employment/Service Law | Date: | Hits: 100
Delwar Hossain Vs. State, 2007, 36 CLC (AD)
.... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ......eave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ......ecution examined 10 Pws. including the Magistrate, who recorded confessional statement of the accused-petitioner under Section 164 of the Code of Criminal Procedure. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination is to..Category: Criminal Law | Date: | Hits: 43
Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)
....appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ......e. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 984. ......n 265C of the Code of Criminal Procedure. 4. The prosecution examined 12 witnesses to prove the case when all of them were duly cross-examined by the defence. After close of the prosecution evidence the accused on dock were examined under section 342 of the Code of Criminal Procedure to w..Category: Criminal Law | Date: | Hits: 32
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......l for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......nd further the High Court Division has not said a single word as how the petitioners are liable for the offence for which they were convicted and the present case is virtually is also a case of no evidence as because not a single prosecution witness has stated anything as to the involvement of p..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......e High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......arlier and further the High Court Division has not said a single word as how the petitioner is liable for the offence for which he i was convicted and thus the present case is virtually a case of no evidence as because not a single prosecution witness has stated anything as to how the petitioner is..Category: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ......shy;missed. Ed. The Case is also Reported in: IV ADC (2007) 967. ......t barred by limitation. The trial Court also held that the plaintiffs are in possession of the land in suit and they have their homestead in the land in suit that defendants failed to dislodge the evidence of P.W. 2 who have deposed that the plaintiffs are in posession of the land in suit. ..Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ...... The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ......e provisions of section 110 of the Evidence Act the possession of the petitioners are referable to the settlement made in favour of their predecessor Sonaullah in the year 1358 B.S.; the oral evidence of D.Ws. denying their purchase of .05 decimals of the land from the petitioners by r..Category: Property Law | Date: | Hits: 30
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......ad no right, title and interest in the land in suit. 5. The trial court decreed the suit on the finding that the plaintiffs were successful in establishing their case by oral and documentary evidence. The contesting defendants went on appeal. The appellate Court on consideration of th..Category: Property Law | Date: | Hits: 25
Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
.... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 956. ......shy;missed. Ed. The Case is also Reported in: IV ADC (2007) 956. ......rom the appellate Court's judgment that the said court was in error in allotting share to the extent of 2.31 acres to the plaintiffs or that the finding of the appellate Court is not based on evidence or there is mis-reading of the evidence but he could not. On our reading of the judgment o..Category: Property Law | Date: | Hits: 19
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ...... Ed. The Case is also Reported in: IV ADC (2007) 952. ......he learned Single Judge of the High Court Division erred in law in reversing the concurrent finding of the learned trial Court as well as the appellate Court based on the consideration of evidence on record and free from any error of law occasioning failure of justice. 6. In..Category: Property Law | Date: | Hits: 24
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
.... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ......ssed. Ed. The Case is also Reported in: IV ADC (2007) 949. ......t property by the executing and registering the deed of gift and as such interference is called for. 12. He further submits that the trial court being court of first instance considered the evidence and decreed Other Suit No. 97 of 1997 and dismissed Other suit No. 114 of 1997 but the lo..Category: Property Law | Date: | Hits: 24
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
.... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ......tion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ...... Ka is the C.S. Khatian No. 116 in which it is found that C.S. Khatian No. 117 was the under khatian of khatian No. 116 as such 2.01 acres of land was also mentioned in that khatian;the papers and evidences filed show that 2.01 acres of land was auctioned sold in Rent Execution Case No. 807 of 1..Category: Property Law | Date: | Hits: 67
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......shy;missed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......the materials on record particularly Ext.9 and Ext.C series, the claim of the defendant as to possession of the land in suit has been established, that the defendants, both by oral and documentary evidence, have proved their possession of the land which their predecessor Mujaffar owned and pos&s..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ...... Ed. The Case is also Reported in: IV ADC (2007) 924. ......marchant at a monthly rent of Tk. 5,000/- and the machinery was kept uncared for and prayed for dismissal of the suit. 4. The trial Court framed necessary issues and on consideration of the evidence on record came to the finding that the defendant no.5 did not perform his part of the..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......ndants that the Circle Officer (Revenue) allowed the petition filed under Ordinance No. 28 of 1976 and thereupon considered the Ext.c as not genuine. The High Court Division on consideration of the evidence of P.W.3 held that the Ext.3 is genuine and the Ext. C is not genuine and the same has bee..Category: Property Law | Date: | Hits: 18
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ...... Ed. This Case is also Reported in: IV ADC (2007) 901. ......his appeal. 5. In support of the appeal Mr. A. J. Mohammad Ali, learned Attorney General submits, inter alia, that the learned Judges of the High Court Division had no power to re-assess the evidence. But the High Court Division re-assessed the evidence and based its judgment on fresh appr..Category: Property Law | Date: | Hits: 22
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......ces of the case. As the judgment of the trial Court was not a happy one (as observed by the High Court Division) on the point of possession of the plaintiffs the High Court Division considered the evidence of the witnesses examined by the plaintiffs and also the evidence of the D.Ws. on the ques..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......passed against their transferees unless a case of ouster was made out; the finding of possession as found by the learned District Judge is based on non-consideration and misreading of material evidence on record and the High Court Division also did not consider that a suit for declarati..Category: Property Law | Date: | Hits: 19
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