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Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ...... petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......of the plaint of the present suit allegations of malafide were made but the law requires that mere allegation of malafide is not enough and such allegation has to be substantiated by adducing evidence and further though in paragraphs 6 and 8 of the plaint the petitioner alleged conspir..Category: Employment/Service Law | Date: | Hits: 71
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....the description of suit land is no longer vague and (3) in the written statement non-passing of the consideration money having not been pleaded, the evidence led by the defendants in his respect is inadmissible in view of the provisions of rule 7 of Order 6 of the Code of Civil Procedure. ...... This Case is also Reported in: IV ADC (2007) 866. ......ons of Section 114(g) of the Evidence Act; the lower appellate court did not advert to the finding of the trial court regarding possession; the finding of possession of the trial Court is based on evidence on record; since the plaintiffs are found in possession of the suit land there is no ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......issed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ......without filing any affidavit-in-opposition. 5. Leave was granted to consider the submission that the High Court Division erred in law in setting aside the finding of facts arrived at on evidence on record by the Court of Settlement in exercise of its jurisdiction under Article 10..Category: Property Law | Date: | Hits: 27
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......der as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......e trial Court for re-hearing in the light of the observation made by the lower appellate Court and with further direction to the trial court for giving opportunity to the parties to adduce further evidence "if it is at all necessary" and also for fresh consideration of the evidenc..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord 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: IV ADC (2007) 841. ......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......orma defendant No.4 in favour of the defendant Nos. 1-3 prove the ownership of the proforma defendant No.4 in the suit land and the plaintiff is thereby not permitted to deny this fact by oral evidence; the trial court as well as the appellate Court applied erroneous mode of appreciatio..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
.... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ......at plaintiffs by competent and reliable witness have not been able to prove their basic document on the basis whereof they are claiming the land in suit, that from the plaintiffs' side no reliable evidence was brought on record to show that C.S. khatian was correctly prepared in the name of..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ...... This Case is also Reported in: IV ADC (2007) 834. ....... 4. The leave was granted to consider the submissions of the learned Advocate of the petitioner that "the learned Single Judge of the High Court Division erred in law in discarding the evidence of the plaintiff in spite of clear proof of the facts regarding talk of sale of the suit l..Category: Property Law | Date: | Hits: 30
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......l and that there was "material irregularity in the certificate proceedings.” 7. It is seen from the materials on record that the lower appellate Court on consideration of the evidence arrived at the finding that certificate case in respect of the land in suit was initiated ..Category: Property Law | Date: | Hits: 22
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. ......ase is also Reported in: 35 DLR (AD) (1983) 36. ......for him to put thumb impression. They claimed to be in possession of the property as Ismail Gazi's legal heirs and according to their legal shares. 4. The trial Court on consideration of the evidence led by the parties accepted the case of plaintiff. The learned Subordinate Judge found the..Category: Trust/Waqf Law | Date: | Hits: 171
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......etition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......sp; duly served by the process server in presence of Mukabela witnesses and as such the petitioner was aware institution of the suit and he date of ex-parte decree. Both the parties’ adduced evidence in the miscellaneous case and the trial court dismissed the case. On appeal, being miscell..Category: Property Law | Date: | Hits: 24
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......s dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......good faith paid the amount to the tashilder who did not pay the same in the treasury and that coming to know the fact they paid the amount in full. 11. The trial Court after considering the evidence held: - (Bengali…………..) 12. The submission that ..Category: Property Law | Date: | Hits: 25
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. ......ank and others.....................Appellants Vs. National Electric Company Ltd…………….Respondent Judgment March 21, 2007. Lawyers involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec...... elected to have the machinery and the stock surveyed privately by a foreign expert along with other local engineers, they can prove the result of that survey, whatever it is worth, by leading evidence. So the prayer of the plaintiff seeking local investigation after lapse of six years has n..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......er as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......the vessel at 5 A. M., then 10 Ansars were in the vessel. 6. Both the parties filed documents in support of their respective case. The High Court Division about the quality of the oral evidence brought before the Court through the deposition of P. Ws. 1-6 observed that P.W.1 at the t..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. ...... interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......were not at all 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 co..Category: Criminal Law | Date: | Hits: 51
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......-alia, is that he is not responsible for, nor connected with the murder but has been falsely implicated in the case out of grudge and enmity. 7. The trial court in consideration of the evidence on record as well as facts and circumstances of the case found the accused guilty of ..Category: Criminal Law | Date: | Hits: 43
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... This Case is also Reported in: IV ADC (2007) 691. ...... in rent deposit Case No. 6 of 1995 and that till today petitioners are regularly depositing the rent in the said rent deposit case but the trial Court without considering the exhibit and oral evidence illegally decreed the suit by misreading and non-consideration of the oral and documentary..Category: Property Law | Date: | Hits: 35
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......n is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......ourt Division further observed that in the said suit Alhaj Faruque Hossain did not say that he divorced the plaintiff. The statement made by the third party in this regard is not admissible in evidence against the plaintiff who was substituted defendant No. 1-A in the suit and appeared. Acco..Category: Family Law | Date: | Hits: 150
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ...... IV ADC (2007) 680. ...... learned Judge of the High Court Division committed error of law in making a 3rd case of the parties and allowed two kathas of land to the plaintiff; that in deciding the case on the basis of oral evidence that the father of the defendant No.4 gave two kathas of land to Somerta Tara for her livi..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ......Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ...... purchase from the successive heirs of Jitu Mondal. 5. The trial Court decreed the suit on the findings that plaintiff proved his case of possessing the land in suit by bargadar by the evidence of P.Ws. 2 and 3, that no 'Istafanama' as well as no 'Hukumnama' was filed to prove surren..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......st at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......plaintiffs also proved their possession in the suit land on consideration of the materials on record the trial court duly found that the entry in the R.S. record is wrong and there is also no evidence to prove that Abdul Gafur Talukder ever accepted the kabuliyats executed by the defendants..Category: Property Law | Date: | Hits: 28
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