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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. ......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......mission that the suit land could subsequently be properly described as beel; nine defence witnesses though deposed to the effect that the suit land is used for the purpose of fishery but the above evidence should not be allowed to outweigh the evidence contain in the registered kabuliyat which d..

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. ......petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......s the above deed is manufactured one; Ext.3, the sole-nama dated 21.1.1953 made in Rent Suit No. 685 of 1952 also shows the right, title and possession of the plaintiff in the suit land; since the evidence on record shows that the defendant No. 1 and his family were using the pond and its water ..

Category: Civil Law | Date: | Hits: 83

Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)

....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ....... ...... the impugned judgment of the High Court Division is liable to be set aside. 6. Learned Advocate-on-Record next con­tended that the trial Court upon misread­ing and misconstruing the evidence on record erroneously held that the plaintiff proved his title and possession and in such..

Category: Property Law | Date: | Hits: 23

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. ......tion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......he learned Counsel submits that the patta that was submitted before the High Court Division and marked as Ext. 'Uma' mention quantity of land 1.52 acres whereas land in suit was shown 1.14 acres as evidenced by the certified copy of the patta dated February 17, 1902 submitted by the plaintiff and..

Category: Property Law | Date: | Hits: 24

Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)

....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......007) 646. ......sp; his appeal was rejected. The appellate Court also held that there was no violation of the provision of service rules of the WASA, that the judgment and decree of the trial Court is not based on evidence and the same is con­trary to law. 7. It is seen from the judgment of the High ..

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, disĀ­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ...... This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ....... A series are rent receipts granted by Bidhu Bhusan who was the karmachari of Dhiren, Ext. B is the certified copy of the suit register of the House Rent Control Case for the disputed house." In his evidence he also stated "We occupied the house after setĀ­tling rent Tk. 15/- was fixed as rent for ..

Category: Property Law | Date: | Hits: 34

Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)

....nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ......n. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ......ated hereinabove. The Respondent went on appeal before the Court of Sessions and the learned Sessions Judge allowed the appeal on the finding that the learned Magistrate on an erroneous view of the evidence on record convicted and sentenced the Respondent. As against the judgment of the Court of..

Category: Criminal Law | Date: | Hits: 36

Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)

.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ......n examined 15 witnesses. 4. The defense case is that the accused have been falsely implicated in this case out of previous grudge and enmity-. 5. The Tribunal on consideration of the evidence on record acquitted all the 8 accused persons of the charge under section 9(3)/30 of the N..

Category: Criminal Law | Date: | Hits: 61

State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)

....by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......ccordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......lanation regarding non examination of S.L Abdul Bari, vital witness in the case. All these facts creates a strong doubt about the truth of the prosecution story. It may be mentioned that it is in the evidence of the members of the raiding party that they did not raise any hue and cry at the time of ..

Category: Criminal Law | Date: | Hits: 73

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. ......e petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......de purchaser for value without notice, cannot be denied of their title and interest in the above plot. 4. As it appears the Court of Settlement found that neither of the parties adduced any evidence in support of their claims but the files of the Ministry of Works, which were made availab..

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........ This Case is also Reported in: 13 MLR (AD) 2008, 221.......ons including criminal cases between Abdur Rab and Rabiul Awal. 12. The power of attorney was never produced in Court, A copy of said power of attorney was however, produced by the Ministry but no evidence was adduced to prove execution of said power of attorney by Nasim Razzak. In the absence of..

Category: Tenancy Law | Date: | Hits: 180

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. ...... MLR (AD) 2008, 198; V ADC (2008) 320. ......tition for leave to appeal. 7.  Leave was granted to consider the submissions whether the learned Single Judge of the High Court Division erred in failing to hold on the basis of the evidence and materials on record that the pre-emptor had knowledge of the kabala under pre-emption ..

Category: Property Law | Date: | Hits: 32

Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)

....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ......D) 2008, 196. ...... the defendant that the defendant possessed the suit land, the claim of the defendant that he possessed the suit land and that he did not dispossess the plaintiff therefrom has no leg to stand; the evidence adduced by both the parties show that the defendant did not possess the suit land prior t..

Category: Property Law | Date: | Hits: 23

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. ......e appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......under Section 406/420 of the Penal Code and held trial in accordance with law. 3. The prosecution examined 5 witnesses before the trial Court. The trial Court on consideration of these oral evidence as well as the documentary evidence adduced by the prosecution, found the accused guilty u..

Category: Criminal Law | Date: | Hits: 42

Khizir Haider and others Vs. State, 2007, 36 CLC (AD)

....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......ference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......t the properties purchased by them from the above property were not abandoned property; further whether the petitioners, in connivance with the other accuseds, committed the offence is a matter of evidence to be decided at the time of trial. Further section 195(1) of the Code of Criminal Procedu..

Category: Criminal Law | Date: | Hits: 43

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. ......o appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......hat fact remains whether a deed, which has been referred to is forged and the facts alleged constitute offence under Sections 420/465/467/468/471 of the Penal Code are yet to be decided by adducing evidence and under this facts and circumstances, the proceeding can not be quashed. 7. We ha..

Category: Criminal Law | Date: | Hits: 39

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......zak and recovered $3000 from the boot shoe of Habilder Abdur Razzak. P.W.12 inspector Nasiruddin investigated the case and submitted charge sheet against the accused. 12. It appears from the evidence of P.W.1 Abu Taher that on 01.09.1986 of 4:00 p.m. P.W.1 along with P.W.3 Abul Kashem and..

Category: Criminal Law | Date: | Hits: 40

Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)

....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......he same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......ssain, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected paper. 5. It appears that the appellate court below disbelieved the evidence of P.W.2 Nannu Mia as there were inherent contradictions in his evidence and no other witne..

Category: Tenancy Law | Date: | Hits: 174

Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)

....the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......bdul Halim and another.............Respondents Judgment March 18, 2007.         Lawyers Involved: Farooq Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. N.I. Bhuiyan, Advocate......remises and that no notice was issued upon him terminating the tenancy and that there was no cause of action for the suit and the suit was liable to be dismissed. 6. The trial court recorded evidence of parties and dismissed the suit. 7. The High Court Division by the impugned judg..

Category: Property Law | Date: | Hits: 31

Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)

....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ...... This case is also Reported in: 13 MLR (AD) 2008, 110. ......r as DW 2 of the S.C.C. suit stated in his deposition, that he and his brother Swapan Kumer are the managers of the hotel under the petitioner and accordingly, the trial Court on consideration of the evidence on records and exhibits dismissed the plaintiff's suit but the High Court Division without ..

Category: Tenancy Law | Date: | Hits: 184