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Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)

....rived 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: V ADC (2008) 51. ......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......ter hearing made the Rule absolute. 3. The learned counsel appearing for the defendant No. 21 petitioner submitted that the appellate court, the final court of facts, on consideration of the evidence and other materials on record allowed the appeal and the High Court Division failed to con..

Category: Property Law | Date: | Hits: 27

Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......ion so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......and continued against the rightful owner but in the plant no such case of adverse possesĀ­sion was at all pleaded not to speak of proving such adverse possession; in the instant case there is also no evidence as to when the plaintiff started to possess adversely against real owners and when such pos..

Category: Property Law | Date: | Hits: 39

Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)

.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......ingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......e suit and that finding of the appellate Court that plaintiff failed to prove his exclusive pos­session is based on misreading of the evi­dence as well as non-consideration of the material evidence, that the appellate Court upon misconception of law held that the suit is not maintainable..

Category: Property Law | Date: | Hits: 26

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......t all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......upon and that upon mutating his name he is paying the rent. The defendant No.1 went on appeal. The appellate Court affirmed the judgment and decree of the trial Court upon holding that no reliable evidence was led from the side of the defendant to establish that plaintiff is in possession of the..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......ed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ...... considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be pr..

Category: Procedural Law | Date: | Hits: 107

Nantu Vs. State, 2007, 36 CLC (AD)

....the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ...... the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......the prosecution witness­es, the accused on dock were examined under Section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence however did not adduce any evidence. 7. The defence case as could be gathered from the trend of cross-examination is to..

Category: Criminal Law | Date: | Hits: 37

Malek Gharami Vs. State, 2007, 36 CLC (AD)

.... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ....... Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......chasing Hindu property came at the locality and as such as they had no relative near about the house they stayed, being frightened left the house. 6. The trial Court on consideration of the evidence on record arrived at the finding that Tanjila Khatun wife of Malek Gharami did not commit ..

Category: Criminal Law | Date: | Hits: 38

Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)

....d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ...... Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ......m informant met with death due to indiscriminate injuries caused by the miscreants who came there just to rape the informant vic­tim. 7. The learned trial court, in consideration of the evidence on record as well as facts and circumstances of the case, found the accused including the ..

Category: Criminal Law | Date: | Hits: 41

State Vs. Matiur Rahman, 2007, 36 CLC (AD)

....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The trial court, in such cases, should be on its guard so that the evidence of one case is not imported into the other and thereby divert the course of justice to a w..

Category: Criminal Law | Date: | Hits: 58

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......eave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......ecution, nor the deceased ever made any dying declaration as alleged, but they have been falsely implicated in the case out of enmity and grudge. 9. The trial Court, in consideration of the evidence on record as well as facts and cir­cumstances of the case, found the accused-appellant..

Category: Criminal Law | Date: | Hits: 44

Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)

.... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ......s Case is also Reported in: V ADC (2008) 140. ......ate, appearing for the appellant sub­mits that the Single Bench of the High Court Division erred in law in not consid­ering that the Court of appeal below failed to consider the documentary evidence exhibit Nos.6 and 7 and the cross exami­nation of the D.W 1 that he erected the struct..

Category: Property Law | Date: | Hits: 24

Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)

....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:  V ADC (2008) 136. ...... Ed. This Case is also Reported in:  V ADC (2008) 136. ......her connected papers. 6. The trial court and appellate court upon consideration of the materials on record concurrently held that the plaintiffs could not prove either by documentary of oral evidences, their title in the suit land rather the evidence on record is that they were barga cult..

Category: Property Law | Date: | Hits: 23

Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)

....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......se is also Reported in: V ADC (2008) 131. ......the findings of fact of the final Court of fact only in exceptional circumstances when the find­ings are shockingly perverse or these are vitiated by non reading and misreading of the material evidence or misconception of any important document affecting the merit' of the case. The learned A..

Category: Property Law | Date: | Hits: 26

Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)

....b­stance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 128. ......y;missed. Ed. This Case is also Reported in: V ADC (2008) 128. ......ion was wrong to grant permission to construct a building upon the land in pos­session of the defendant and as such his decision merits interference by this Court; that without any documentary evidence of the parties regarding exclusive possession of the defendants in the suit land, the High..

Category: Property Law | Date: | Hits: 38

Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)

....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 115. ......ase is also Reported in: V ADC (2008) 115. ......se of the suit land by the ex-Zaminder and getting delivery the possession of the same and the subsequent Pattan given to the Ibrahim Mondal, the predecessor of the defendants having been proved by evidence oral and documentary nothing remained with Manjony Bibi, either to make oral gift to Saye..

Category: Property Law | Date: | Hits: 27

Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)

....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......d further after purchasing the property the preemptee developed the case land by felling earth at the cost of Tk. 15000/-. 4. The learned Munsif (now Assistant Judge) on consideration of the evidence and also three certified copies of the regis­tered sale deeds, Exbt. A, B and C found ..

Category: Property Law | Date: | Hits: 21

Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)

....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ...... to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ......d in terms of the contract as the forfeiture of the earnest money was in accordance with the terms of the contract concluded between the parties. 4. The trial court, on consideration of the evidence on record, decreed the suit. 5. The defendant went in appeal being First Appeal No...

Category: Property Law | Date: | Hits: 33

Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)

....d into order of compul­sory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......der as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ...... not disclosed to the respondent No.1 although in the show cause it was alleged that the instructions given in those circulars were violated by the respondent No.1 and before the inquiry officer no evidence was also led showing violation of instructions and the enquiry officer also did not record..

Category: Administrative Law | Date: | Hits: 104

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ...... name of the Forest Department of the Government is illegal as it was never acted upon and the suit is liable to be dis­missed. 4. The learned Assistant Judge after consideration of the evidence and materials on record decreed the suit. Defendant Nos. 2 and 3 thereafter preferred T.A...

Category: Property Law | Date: | Hits: 35

Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)

....d reduced the sentence of the petitioners. There is nothing to inter­fere. The petition is, accordingly, dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 897. ...... in: IV ADC (2007) 897. ...... the informant Jamal Uddin and Jahurul who were assaulted by the dacoits and that out of previous enmity the accused persons have been impli­cated in the case falsely. 6. After recording evidence of the wit­nesses the petitioners and other accused were examined under Section 342 of..

Category: Criminal Law | Date: | Hits: 43