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Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... 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. ...... 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
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....Court Division without legally adverting to the cogent findings arrived at by the lower appellate court set aside the same thereby causing prejudice to the plaintiff and thus occasioned failure of justice. 10. Mr. Abdul Wadud Bhuiyan learned Counsel appearing on behalf of the respond......reason for such inordinate delay and as such the submission on behalf of the respondents that the suit is barred by limitation cannot be brushed aside. 13. The execution of the impugned document is not denied. It is admittedly a registered document. So there is legal presumption ..Category: Property Law | Date: | Hits: 37
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. ...... after a report under subsection (1) has been forwarded to the Magistrate and, whereupon such investigation, the officer in-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....alia, that there being cogent evidence against the two respondents the High Court Division committed error of law in acquitting them misreading the evidence on record and thus occasioned failure of justice. 4. We have considered the submissions made by the learned Additional Attorney General. T......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)
.... 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. ......rived at on the basis of oral evidence adduced on behalf of the plaintiff without any consideration of the limitation set by the said provision of law. 8. The plaintiff is not a party to the document (Ext.1) challenging the nature and character of which the suit has been filed. The defen&..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)
....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. ......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)
....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. ......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)
....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. ......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
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....eration of the evidence on record to the effect that the plaintiff has no title and possession of the suit land and the suit is bad for non-joinder of necessary parties, causing miscarriage of justice." and the nest submission that "while exercising its revisional jurisdiction the ...... of the land gifted to him by deed of gift by Laibot Ali Pramanik. 10. It is the settled principle of law that nothing short of a decree of a competent civil court can undo a registered document. If such type of cancellation of a registered instrument is allowed to continue, there wi..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....he facts and on the untenable plea and on the untenable ground that defendants were required to prove the same and thus wrongly shifted the onus on the defendants and thereby caused failure of justice, that because of the contradictory nature of pleading of the plaintiff as to death of Zeon ......t the said witness has stated that plaintiff is in possession of the land in suit, that plaintiffs possession in the land in suit is supported by the evidence of other P.Ws. as well as by the documentary evidence. 6. Leave was granted to consider the submissions that plaintiff a..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....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. ...... 29. In the case of The Punjab National Bank Ltd. Vs. Messrs. Dewan and Co. and others, 7 DLK (WP) 65, BZ Kaikus, J., as his Lordship then was, observed very correctly: "Assuming that this document had not been stamped within three months, what would be the result? The only result would..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....a decree against a dead man without impleading his heirs which was a nullity has been ignored and allowed to remain valid and that this court should interfere to undo the said wrong and do complete justice having regard to the facts and circumstances of the case. 23. Defendant No.4 (as also def......t plaintiff No.1 was the legally married wife of MA Naser or that the plaintiff Nos. 2-4 were the children of said Naser. The Kabinnama relied upon by plaintiff No.1 is a false, fictitious and forged document. The signatures of MA Naser in the so-called Kabinnama differs from his admitted signatures..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....l only, while admitting the execution of the money receipt Ext.4, which is essentially a document of contract and this misdirection has resulted in a serious error of law occasioning a failure of justice for which this Court must interfere. 43. For the foregoing reasons stated above, both on ......of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as to how he put his signature in the document, onus lies on the defendant to prove his part of the story. In the present case the plainti..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......current findings of the courts below without any finding that those were perverse or unreasonable or without any evidence. II. Because the High Court Division failed to notice a vital document, Ext. 7, which is a barga Kabiliyat executed by the defendant No.1 himself in favour of t..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....s made the Rule absolute on fact and the further submission that the High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the...... Vs Md.Tofazzal Hossain Biswas & others………Respondents Judgment December 13, 2004. The Evidence Act, 1872 (I of 1872), Section 90 Legal presumption of a thirty years old document by virtue of the provisions of section 90 of the Evidence Act, 1872 is rebuttable. The mere..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....ision set aside the judgment and decree of the appellate Court upon observing "The learned Additional District Judge having failed to assess the evidence in its true perspective has caused failure of justice and the judgment of the learned Additional District Judge in that view of the matter cannot ......ve has caused failure of justice and the judgment of the learned Additional District Judge in that view of the matter cannot be sustained in law. The learned trial Court has elaborately discussed the documentary evidence and also taken notice of the oral, evidence adduced by the parties and conclusi..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......ers submitted that High Court Division relying on the letters dated 28.1.2003, 29.1.2003 and 30.1.2003 which are inadmissible papers being fake, false, forged, fraudulent, fabricated and collusive documents created by one R.K. Shah for using the same in the judicial proceeding with malafide int..Category: Business or Commercial Law | Date: | Hits: 100
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....arek Dewan reported in (1999)4 MLR (AD)167 discharged the Rule and further, the termination of the petitioner from service without notice or any proceeding is violative of the principles of natural justice and also the law and rules prescribed for such Headmaster of a recognized Non- government ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..Category: Employment/Service Law | Date: | Hits: 82
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....per FIR lodged at Tejgaon P.S. on 8.1.86 under Regulation 11 of Martial Law Regulation No. 1 of 1982. The respondent filed an application to the Chief Martial Law Administrator on 16.5.86 praying for justice, apparently invoking the power of review of the order made against him, under Order 1A of ML...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..Category: Criminal Law | Date: | Hits: 53