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Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)

.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......Act. The High Court Division in the background of the facts and circumstances of the case held that Ext. C i.e. the kabuliyat by which defendant No.7 took lease from the heirs of Fuljan was a void document since the same was executed by minor and the recipients of the Ext. C were also minors. Th..

Category: Property Law | Date: | Hits: 21

Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ..

Category: Employment/Service Law | Date: | Hits: 70

Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)

....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..

Category: Property Law | Date: | Hits: 19

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. ...... other property belonged to G.M. Faruki and during the settlement survey the suit prop­erty was shown in the custody of Court of Wards; D.W.1 in his cross examination admitted that there is no document to show that the father of G.M. Faruki was the owner of the suit property; D.W.1 also admi..

Category: Property Law | Date: | Hits: 27

Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)

....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ..

Category: Property Law | Date: | Hits: 26

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. ......even though Surendra and Dijendra received the balance consideration of Tk. 5000/- they did not execute and register the sale deed in his favour; further the defendant No.2 created certain papers and documents which clouded his title and hence the suit. The defendant Nos.1 and 2 contested the suit a..

Category: Property Law | Date: | Hits: 39

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

....operly assessing the evidence in the light of the pleadings of the parties and also ignoring the documentary evidence which has resulted in an error in the impugned decision occasioning failure of justice". 9. Since the consideration of the evidence by he lower appellate Court was no......chased 1.07 acres of land from the sons (Hakimuddin and Sheikh Salim) of Chaitan Sheikh and is possessing the same and that also using a pond in the suit plot, that the plaintiff has created false document in respect of the land claimed by him but he did not get the possession, that the plaintif..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh & others Vs. Jahangir Alam & oth­ers, 2007, 36 CLC (AD)

....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..

Category: Constitutional Law | Date: | Hits: 146

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. ......ppears to be unusual since the admitted position is that Mohendra Kumar Nath by a registered deed disowned the plaintiff. It may be mentioned plaintiff claimed that Mohendra Kumar Nath recalled the document disowning the plaintiff on September 5, 1972, that the deed by Mohendra Kumar Nath disown&..

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. ......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. ..

Category: Procedural Law | Date: | Hits: 107

State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)

....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ...... 2nd March, 1992, but did not hand over the cash books and other papers to new Cashier, A.F.J. Rozario violating the instruction of the said office and the office examined the cash books and other documents and thereafter, the authority investigated and found that the Cashier, Abdus Salam Khan e..

Category: Criminal Law | Date: | Hits: 62

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

....ure, torchlight which had been seized and produced in the Court. 11. Under the circumstances, he contends that the findings and decisions of the High Court Division has caused miscarriage of justice and as such the impugned judg­ment and order of conviction so far it relates to the pet......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 ..

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. ...... 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. ..

Category: Criminal Law | Date: | Hits: 38

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

....e fact and circumstance of the case in the light of the legal evidence on record as the final court of fact while affirming the decision of the trial court and this has caused a mis­carriage of justice. Hence the impugned judgment and order deserve interference by this court. 9. We hav......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. ..

Category: Criminal Law | Date: | Hits: 41

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

....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 wrong channel. ………(6) Cases Referred To- 1987 BCR......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. ..

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. ...... 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. ..

Category: Criminal Law | Date: | Hits: 44

Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)

....ition Suit No. 19 of 1962 the High Court Division erred in law in failing to stay all further proceedings of the said Other Execution Case No. 4 of 1998 and as a result there has been a failure of justice calling for interference by this court. 5. We have heard Mr. Nawab Ali and con­......n.  There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 147. ..

Category: Civil Law | Date: | Hits: 88

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

....ed and the Rule should have been made absolute in part and this important aspect of the case has neither been considered by the Courts below nor by the High Court Division thereby a fail­ure of justice has been caused." 5.   Mr.  Horendra Nath Nandi, learned Advoc......arned Advocate, 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 erecte..

Category: Property Law | Date: | Hits: 24

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

.... by the Arbitrator, but in the instant case the petitioner without fil­ing appeal under section 34 filed the review application. The High Court Division also did not accept the plea of natural justice, as there is specific provision in the ordinance to prefer revisional application. This Cou......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

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. ......ourt Division and other 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 t..

Category: Property Law | Date: | Hits: 23