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Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....sion case arose out of a suit, Title Suit No. 71 of 1982 for permanent injunction in respect of .19-1/2 acres of land comprised within a plot measuring 2.07 acres. The learned Munsif , First Court, Chandpur decreed the suit in favour of the plaintiffs and the decision was upheld by the learned Subo......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....ersion rate of Taka 42.00 per US dollar from the principal defendant-respondent Nos. 1 to 5. The case of the appellant was that he is a businessman carrying on the business of ship repairer and ship chandler, watchman, chipping and painting, engine store and bunker supplier under the name and style ......ovisions and laundry services from the defendants in the admiralty jurisdiction the High Court Division was wrong in dismissing the suit.” “That the High Court Division having itself noted the oral evidence of DWI that ‘DW l has stated that the money that was deposited with th..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....ny right, title and interest over 90 decimals of - ‘Kha’ schedule land and further declaration that the plaintiffs are the owners of ‘Ga’ schedule land and that defendant No. 1 be directed to hand over vacant possession to the plaintiffs within 30 days from the date of the decree. 4. Bef......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....o thereafter by kabala dated 29th August 1938 sold the remaining 8 annas share to them and accordingly, they became owners of 12 and odd annas share of the suit land The defendants, case on the other hand , one Yasin Ali had jote right in the suit land under Sajjad Ali and others. The said Yasin Ali......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....ar then three accused persons stopped the rickshaw and one of them struck Monowar Hossain Bepari on his neck with the butt of a revolver and placing the revolver on his chest forcibly snatched away a hand bag containing TK. 38,000/-clothes and a citizen calculator, the other accused snatched away a ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ..Category: Criminal Law | Date: | Hits: 106
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... No. 127 of 1984 the same stood abated and as such both the learned Assistant Judge and the High Court Division committed an error of law in not dismissing the said Misc. case. 5. On the other hand Mr. T.H. Khan, learned Advocate appearing for the Respondents, referred to the statements made ...... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ..Category: Procedural Law | Date: | Hits: 83
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....t respectively. The case of the plaintiffs, in short, is that 'Ka' and 'Kha' schedule suit lands originally belonged to Raja Amiya Narayan Sannayal of Putia Raj Estate. Khailash Chandra Mahantau and Ishwar Chandra Mahantu took pattan of the suit lands from the Putia Raj Estate. ......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....tice resulting in an error in the decision but also caused prejudice to the appellants. 8. Mr. Habibul Islam Bhuiyan, the learned Counsel, appearing for the pre-emptor respondent, on the other hand contended that the respondent filed an application on 25-4-1996 before the appellate ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....xclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar and other donations and also for a direction upon the respondent No. 5 (defendant No. 10 in the suit) to hand over cash and kind collected from the Mazar and that the formation of the committee to look aft......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
.... In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of stone in his hand, the other accused also assaulted the victim and the victim succumbed to such injuries caused ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....es to appear before him and submit their case in writing. It appears that the appellant in pursuance of that notice appeared before the Arbitrator and submitted their statement of claim. On the other hand, the respondents though prayed for time but subsequently they did neither file any written Obje......otice with copy to the Arbitrator stating that no action could be taken in the matter on 25.6.1991 which is a holiday due to Eid ul Azha. The copy of which was forwarded to the Arbitrator with a note to that effect only that upon receipt of the reply from the Ministry steps would be taken for d..Category: Alternative Dispute Resolution | Date: | Hits: 229
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....r of law which resulted in an error causing failure of justice. 10. Mr. A. J. Mohammad Ali, the learned Counsel appearing for the respondents, on the other hand, contended that having regard to the facts and circumstances of th......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....emanded refund of proportionate cost of the short items or supply of the same afresh by the defendant but as already noticed this request was not accepted by the defendant. The defendant on the other hand unilaterally cancelled the contract and forfeited the money paid by the plaintiff and sold......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....of the learned S. C. C. Judge, which has seriously prejudiced the petitioner. 6. Mr. Harandra Nath Nandi, the learned Advocate, appearing for the respondent-plaintiff, on the other hand, contended that in view of the materials on record, the learned S. C. C. Judge found the petiti......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
.... He further emphatically submitted that this question may very well could be raised by the shareholders if they wanted to in their general meeting and it is the responsibility of the Chairman to handle the issue on the floor of the meeting and the contemners as employees of the Bank have nothin......AGM nor expressed their remorse in the matter but insisted on certain irrelevant issues unconnected with the holding of AGMs for the year 1998 to 2000. The High Court Division has, however, took note of the events and commented on such move of the appellants as "irrelevant and unwarra..Category: Business or Commercial Law | Date: | Hits: 118
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ack Tk. 36,000/- and thereupon the appellant returned the original copy of the mortgage deed, but did not make over possession of the shop. The appellant asked him to wait till disposal of the merchandise in the shop and he accepted the said assurance of the appellant since at the relevant time ......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
....ince acquitted by the trial court) and Shafiuddin Sheikh and Jaber Sheikh (the two appellants) and entered into the said land and the appellants Shafiuddin Sheikh and Jaber Sheikh caught hold of the hands of Abdul Gafur and then convict Aynul Sheikh dealt a spade blow on the head of Abdul Gafur who...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......enuine but still no attempt was ever made by the petitioners to produce the aforesaid Jainab Khatun before the Court of settlement to prove the bonafide character of their documents. It is strange to note that the deed of agreement alleged to have been executed on 20.08.1970 in favour of Mrs. Sahera..Category: Property Law | Date: | Hits: 74