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Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....sion in the suit land as consequential to the main prayer for declaration of title on payment of ad valorem Court fee. Without applying its mind the appellate Court rejected the said application as irrelevant and belated. Mr Abdus Sobhan Tarafder also submitted that in the trial Court, the plaintiff...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......; others......................Petitioners Vs. Gani Howlader & others..............Opposite Parties Judgment December 3, 2000 Cases Referred To- Nawab Ali Dhakua Vs. Abdur Rashid and others, (1994) 14 BLD (AD) 229; Abdul Mannan and others Vs. Akram Ali and others, 43 DLR (AD) 12......t conceal its mind by saying that in view of those statements, consideration of the evidence of other witnesses was not necessary. It should be mentioned that the trial Court considered the series of documents of title and also the rent receipts adduced by the plaintiffs. It did not find anything ag..Category: Property Law | Date: | Hits: 22
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
.... to the conduct of dozing in a Court-room is too lax and indulgent. Besides, the status of the offender as Chairman of the Union Parishad appears to weigh with him. But the status of an offender is irrelevant in deciding the Case under section 228 of the Penal Code. Rather, higher the status of a pe......, as such, prays for discharge of the Rule. 7. We have heard the learned Advocates of both the sides and perused the petition under section 561A of the Code of Criminal Procedure including the papers annexed therewith. It appears that the petitioner while performing his functions as a Magistr......minal Procedure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in his judgment and order dated 11-1 1998, in Criminal Appeal No. 4 of 1998, setting aside the judgment and order da......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
...., as such, the impugned order suffers from legal infirmity and cannot be sustained in law.
16. Shah Khasruzzaman, the learned lawyer for the RAJUK, the respondent No. 1, having referred to the relevant Annexures of their affidavit-in-opposition contended that regarding unauthorised constructi......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......
......t the petitioners made unauthorised construction in his house.
21. In order to appreciate the above submission of the learned Advocate for respondent No. 4 let us now shortly consider relevant documents filed in his affidavit-in-opposition. By Annexure-1 dated 15-6-1997 was issued by the resp..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ...... (2001) 29. ......er suit the land of CS Khatian No. 4300 Ja, CS plot No. 371 was shown as 94 shatangsha and the plaintiffs’ claim that out of 94 shatangsha the defendants purchased only 0.0090 ajutangsha by several documents in the year 1954- 55. Since the defendants purchased a small portion of land by several do..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....ore we proceed to consider the said decisions, let us examine the provisions of section 195 of the Code of Criminal Procedure. Sub-section (1) of section 195 provides 3 clauses, of them clause (c) is relevant for the disposal of the present matter. Sub sections (1) and (2) of section 195 read as fol...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Surendra Kumar Sinha J Shaher Khatun & ors ……… Petitioners Vs. State and another...............Opposite Judgment May 29, 2000. Cases Referred To- Ajit Kuma...... includes ‘(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry : such statements are called oral evidence; (2) all documents produced for the inspection of the Court, such documents are called documentary evidence.â..Category: Criminal Law | Date: | Hits: 59
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ...... has filed this petition for leave to appeal. 11. Heard the learned Additional Attorney General and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. It appears that the High Court Division found that prosecution failed to...... (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J The State...............................Petitioner Vs. Md. Sadequl Islam Tusar and others .................Respondents Judgment April 6, 2009. Lawyers Involved: ......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..Category: Criminal Law | Date: | Hits: 43
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
.... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......Appeal before the High Court Division and the appeal was allowed. 5. We have heard Mr. Abdus Salam Kha, the learned Counsel for the petitioner and perused the impugned judgment and other connected papers. 6. While disposing of the leave petition, we have given specific findings that undispuled......n-Record-For the Petitioner. A.K.M. Shahidul Huq, Advocate-on Record- For Respondent No.1. Not represented-Respondent Nos. 2-9. Civil Review Petition No.119 of 2007. (From the judgment and order dated 17.05.2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......MP No.231 of 2008 and Mr. Mahmudul Islam, appearing for the respondent No.1 in both cases and others and perused the petition and the impugned judgment and "order of the High Court Division and other papers on record. 17. Mr. Rokonuddin Mahmood, the learned Counsel appearing for the petitione......J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 of 2008) Bangla......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......ed to quash the proceedings and thus, the judgment of the High Court Division is liable to be interfered with. 7. We have heard the learned Counsel for the petitioner and perused the connected papers as well as the impugned judgment. We are of the view that the High Court Division upon consid...... Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Ismail alias Haji Md. Ismail………………..Petitioner Vs. The State and another……... Respondents Judgment February 3, 2010. Lawyers Involved: ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ..Category: Criminal Law | Date: | Hits: 34
Azam Reza Vs. State, 2010, 39 CLC (AD)
....ons as above we find nothing to interfere with the judgment of the High Court Division and accordingÂly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......ossain, a key maker, the security guards and superÂvisor of apartment building where he lived, recorded under Sections 161 and 164 of the Code of Criminal Procedure in the present case and also some papers of Ramna Police Station Case No.24.01.2004, arose out of the incident of road accident the am......ment of the High Court Division and accordingÂly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......eviÂdence the accused was examined under Section 342 of the Code of Criminal Procedure, when he submitted a written statement contending that the deceased committed suicide by hanging. He filed some documents including the certified copies of the statements of his domestic helps Alpana, Nurunnahar,..Category: Criminal Law | Date: | Hits: 100
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....ore the Trial Court and was marked as Exhibit-1 without any objecÂtion. Besides, referring to the petition, he submits that the petitioner proved the purÂchase by his father in 1979, by calling the relevant volume from the office of the concerned Sub-registrar which was marked as Exhibit-3. That t......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ...... ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Farid Khan…………………….................Petitioner Vs. Md. Delower Hossain and others…..........Respondents Order March 14, 2010. Lawyers Involved: ......oncerned Sub-registrar which was marked as Exhibit-3. That the certified copy of the Deed of Heba-bil-Ewaz dated 03.04.1978, produced on behalf of the defendants and was exhibited but these exhibited documents were not considered by the High Court Division, rather, erred in law in deciding the matte..Category: Property Law | Date: | Hits: 23
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......f the order dated 20.02.2007, passed by the respondent No.3. 6. We have heard the learned Advocate for the petitioners, perused the judgment and order passed by the High Court Division and the papers kept with the paper-book. 7.The moot question before the High Court Division in the in......l Haque J Md. Muzammel Hossain J Warn-Me Wollen Mills Ltd……….....Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………..........Respondents Judgment March 21, 2010. Lawyers I......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ..Category: Civil Law | Date: | Hits: 90
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....very of such goods at the rate menÂtioned in the contract in terms of the Airway bill. The High Court Division calÂculated the compensation at U.S. $ 43,89.75 which comes to Tk. 21,19,971.60 at the relevant time and decreed the suit accordingly. 5. Mr. Akther Imam, Senior Advocate, appears ......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disÂposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ...... Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Biman Bangladesh Airlines and others………....Petitioners Vs. Al Rojoni Enterprise, repreÂsented by its Prop......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disÂposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..Category: Civil Law | Date: | Hits: 85
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......for the petitioners and Mr. Md. Aminul Hoque, the learned Counsel appearing for the respondent No.1 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the High Court Division rightly upheld the judgment and ...... Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Sadharan Bima Corporation and another……………..........Petitioners Vs. LG Engineering Co. Ltd and othersâ......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ..Category: Business or Commercial Law | Date: | Hits: 186
....e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......such appeal shall be final."
10. There is a long procedure under Chapter-III of the said RPO of 1972 for scrutiny of nomination paper. There is provision of appeal against acceptance of nomination papers under Article 14(5) of the said RPO of 1972 and admittedly the petitioner did not file any ap......l)
Present:
MM Ruhul Amin CJ
Md. Abdul Matin J
Md. Abdul Aziz J
BK Das J
Md. Abul Kashem……...........Petitioner
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
July 26, 2009.
Lawyers Involved:
Rafique-ul Huq......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
..
Category: Election Law | Date: | Hits: 116
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....the rules. The operation of the impugned judgÂment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......e name of Jagodish Sarker which was incorrect. During the war of liberation the plaintiffs documents were destroyed and taking advantage of the sitÂuation, the defendant No.1 created some ante dated papers and instituted a suit in the Court of Munsif, Sirajgonj and obtained a fraudulent decree by p......VII ADC (2010) 397. ......n the names of their predecessors but subsequently it was detected that the S.A. khatians were prepared in the name of Jagodish Sarker which was incorrect. During the war of liberation the plaintiffs documents were destroyed and taking advantage of the sitÂuation, the defendant No.1 created some an..Category: Property Law | Date: | Hits: 25
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Riaz Uddin Ahmed…………………...Petitioner Vs Khondakar Khorshed Ali alias Khandaker Khorshed Ali being dead his heirs 1(a) Khandaker Mosiur Rahman (Khalil) and others……….......o right, title and interest in the suit property. 4. The plaintiff adduced three witnesses and the defendant adduced four witnesses in support of their respective cases. The plaintiff produced documents, proved and marked as exhibits 1-4 and the defendant produced documents, proved and marked..Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......balance of probabilities on its own merit and is not entitled to depend on the findings of the Court in another suit. 9. We have heard the learned Advocates of both the parties and perused the papers in the paper book. 10. It appears that the appellant filed the pre-emption case prayin...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Muhammad Ali ....................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....ing of paraÂgraph 8 and 9 of the plaint it would appear that the plaintiff has his building in the schedules A and B properties and the defendants are admittedly living in schedÂule C property. The relevant portion of paragraph 8 and 9 of the plaint reads as follows: "8...........................re not furnished in support of the prayer for restitution. 4. Thereafter, a review petition was filed on 2.1.1993 being Review Miscellaneous Case No. 62 of 1995, contending inter alia that the papers and documents in support of the possession of the defendant had been filed earlier in Court. ...... Present: Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Walilullah being dead his heirs: Hassan Jahid (Babu) and others ...........Appellants Vs. Hasina Begum and others………........Responden......rty. This petition was registered as a miscellaÂneous case being miscellaneous case No. 69 of 1991. This miscellaneous case was rejected by an order dated 19.11.1992 on the ground that the necessary documents were not furnished in support of the prayer for restitution. 4. Thereafter, a revie..Category: Civil Law | Date: | Hits: 105
..... The arbitration tribunal framed as many as 18 issues to decide the claim and the counter claim made by both the parÂties. The tribunal, on 08.04.2006, after considering the evidence on record, the relevant exhibits filed by both the parties the written statements of the parties and their replies ......ppearing for the petitioner and Mr. Ajmalul Hossain, the learned Counsel appearing for the respondent and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
16. The learned Counsel submits that that the arbitration application is not ma......adesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka repreÂsented by its Managing Director …...........Respondent
Judgment
March 1, 2010.
Cases Referred To-
Nand Ram Vs. Fakir Chand reported in ILR 7(1885) All 523; Hindustan Petroleum Corporation Limited Vs.......e respondents had failed to prove the two criteria essential for claiming loss of goodwill or reputation: the first one is the actual occurrence of pecuniary loss-the respondent failed to produce any documents supporting such loss and secondly such loss was within the contemplation of the defaulting..
Category: Alternative Dispute Resolution | Date: | Hits: 207
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