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Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....t length. It was also found that for recall of these witnesses defence ought to have spelt out the matter left out in cross examination in the form of specific question but the application has not stated the material particulars and upon the aforesaid finding the application for retail was rejec......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....ing the application filed by the Respondent No. 1 herein seeking removal of the appellant and two others (Respondent Nos.2 and 3 herein) who were the joint Mutawallies of the Panchpeer Darga Waqf Estate (E.G. No. 6831) in Narayanganj. The Respondent No. 1 challenged the order of Administrator of...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....is daughter Hajera Khatun and his wife Hasen Banu and other heirs also sold the suit property on various dates in favour of the plaintiffs and as such they are in possession thereof. It was further stated in the plaint that the property does not belong to forest department but still the defen&sh...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
.... No.152 of 2003 (From the Judgment and Order dated 27.08.2002 passed by the High Court Division in Criminal Appeal No.1361 of 2000) Judgment Amirul Kabir Chowdhury J.- At the instance of the state this petition for leave to appeal has been preferred against the judgment and order dated 27......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....out the camouflage transaction between the defendant No.1 on one part and the defendant Nos.2 and 3 on the 2nd part. 3. The suit was contested by the defendants by filing joint written statement. It is the case of the defendants that the defendant Nos.2 and 3 are the relatives and th...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....bu Nasser Muhammad Okba issued by the Joint Secretary, Ministry of Civil Aviation and Tourism (Annexure-L) as illegal and without lawful authority with a further direction to the appellants to reinstate the writ petitioner in his post with all back wages and benefits within 60 days of the receip......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....as defined in Section 2(f) of the Act, RAJUK cannot proceed with the acquisition and that RAJUK started the acquisition of the land in question contrary to its master plan i.e. DMDP. It was further stated that under Section 73(1) of the Act, RAJUK may prepare a Master Plan for an area but for acq......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....and from Ranjit Kumar Biswas and thus defendant is the owner and possessor of.10 decimals of land and while defendant was in possession of the said land plaintiff upon making incorrect statements filed the suit, that the suit of the plaintiff is liable to be dismissed. 4. The ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ngly in the name of Kamaruddin, as such to avoid future complications the plaintiff is constrained to file the suit. 3. The suit was contested by the defendant Nos. 3 and 4 by filing written statement denying the material allegations made in the plaint and stating, inter alia, that Ze......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....cept those which have already been decided by us, may now be decided afresh by the learned SCC Judge if the parties still prefer to raise the same. The order of rejection of plaint, for the reasons stated, obviously suffers from an error of law and it is accordingly set aside. In the result, th......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....facts and law involved in the case in rejecting the prayer for quashing of the proceeding. 4. The learned Advocate for the appellants has drawn our attention to the following facts which have been stated in the revisional application before the High Court Division and reiterated in the leave peti......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... at a higher price by engaging brokers and by contacting interested purchasers willing to pay a higher price than the appellant's. Hence the suit. 6. Defendant Nos.1 and 2 filed separate written statements and contested the suit. It is the contention of defendant No.1 that there is no cause of ...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....taining a scrap of paper where name and address of absconding convict Kazi Tipu Sultan with some telephone numbers was written. During investigation condemned prisoner Mafizuddin made confessional statement. Police on completion of investigation submitted charge sheet against the condemned priso......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
.... appellant. 4. As it appears the High Court Division acquitted Imam Hossain of the charge under sections 302/109 of the Penal Code upon observing that "we noticed that P.Ws. 2-6 did not state in corroboration with each other consistently as to utter or use of any common words of langu......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....evicting the writ-petitioners from the respective shops, taken lease by the written agreement from the Mutawalli, treating them as trespassers in respect of the property of Mowlana Abdur Rashid Waqf Estate and to over possession of the property to the official Mutawalli of the Waqf Estate. 2. Fac......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....into the 'B' schedule property and that S.A. Khatian was wrongly prepared in the name of Sachindra Mohon Roy. 4. The suit was contested by the appellants (defendant Nos.1 and 2) by filing written statement stating, inter alia, that the plaintiff is an Indian National and also fictitious person a......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....h represented by the Deputy Commissioner, Narayangonj, Additional Deputy Commissioner Revenue, Narayangonj and Assistant Commissioner (land) Bandar,Narayangonj-defendant Nos. 1-3 by filling written statement contending, inter alia, that the Government acquired 12.57 acres of land in l......ion of two months next after notice in writing has been delivered to or left at the office of.- (b)(i) in the case of a suit against the [Government] other than a suit relating to the affairs of [the Railway], a Secretary to [the Government] or the Collector of the District; and ..Category: Property Law | Date: | Hits: 40
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