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

....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. ......ant came to know that her aforesaid daughter, who was sleeping by her side in the night of occurrence, was murdered. Accordingly, aforesaid Police Station case was started. 3. Police took up investigation and on completion thereof submitted a charge-sheet against the accused including the ..

Category: Criminal Law | Date: | Hits: 41

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

....t in a cal­culated manner by awakening her from the sleep and taking her out of the bed without causing any other physical harm to her and on the other hand it is rather possible for any third party to cause one single stab injury to remove any obstacle in his way while committing theft whic...... the accuseds but the police refused to record the ejahar on the plea that the persons accused by him will be shown as accuseds in the case already started by the condemned prisoner which was under investigation; but subse­quently the police under the influence of the accuseds held a perfunc..

Category: Criminal Law | Date: | Hits: 58

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

....s and as a result, he fell down on the ground. The con­demned-prisoner-appellant Abdus Sattar fired a gun shot upon the deceased while the other accused- appellants caused injuries on different parts of the body of the deceased and left the place of occur­rence hurriedly. The Pws. namely......ormant (father of the deceased) sent a written FIR to Narshingdi Police Station mentioning names of the accused persons, and on the basis thereof regular police case was started. The police took up investigation and on completion of inves­tigation, submitted charge- sheet against the accused..

Category: Criminal Law | Date: | Hits: 44

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

....Division commit­ted an error of law in discharging the Rule as a whole wherein the respondent did not claim any title and possession in the 'Kha' schedule land therefore, suit should have been partly decreed and the Rule should have been made absolute in part and this important aspect of the...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ..

Category: Property Law | Date: | Hits: 24

Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)

....ct Judge, 2nd Court, Pabna in Other Class Suit No. 130 of 2000 reversing those dated 14.06.2000 by the Senior Assistant Judge, Sadar, Pabna in Other Class Suit No. 68 of 2000 decreeing the suit in part in preliminary form. 2. Respondent Nos.1-13 as plaintiffs insti­tuted Other Class S......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..

Category: Property Law | Date: | Hits: 26

Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)

....tagong in Civil Revision No.135 of 2004 disallowing the revisional case and affirming the judgment and order dated 28.03.2004 passed by the Court of first Additional Assistant Judge, Chittagong in partition Suit No.58 of 1991 rejecting the application of the petitioners under Section 151 of the ......b­stance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 128. ..

Category: Property Law | Date: | Hits: 38

Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....question was taken over by the Government as abandoned property. The petitioner accepting the property in question as an abandoned property applied to the abandoned property authority for lease of part of the property in question and the abandoned property authority leased out the property (part......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ..

Category: Property Law | Date: | Hits: 36

Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)

....rs to the case land and though the preemptor-respondent Nos.1 and 2 are co-shares by inheritance no notice was served upon them and they also had no knowledge of the above trans­fer till later part of Agrahayan, 1383 B.S. when he for the first time came to know about the above transfer and t......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..

Category: Property Law | Date: | Hits: 21

Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)

....3. The defendant contested the suit by fil­ing written statement contending that the terms and conditions of the tender notice constituted the contract of sale of the suit property between the parties as soon as the tender of the plaintiff was accepted by the defendant and since the plaintif......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..

Category: Property Law | Date: | Hits: 33

Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....udge, Gazipur which  was  subsequently renumbered as T.S. M No. 10 of 1992 in the 2nd Court of the Additional Assistant Judge, Gazipur for declaration that T.S. No.308 of 1973 and the ex parte decree obtained therein by the defendant No.1, Gopal Baroi, is forged,  fabricated, coll......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..

Category: Property Law | Date: | Hits: 35

Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)

....upon Jahurul Huq in his left hand and other accused assaulted him with lathi and then victim fell down and that the number of the accused persons being larger than that of informant, the informant party fled away out of fear and came to know that victim Jamal had been confined there and other vi......d reduced the sentence of the petitioners. There is nothing to inter­fere. The petition is, accordingly, dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 897. ..

Category: Criminal Law | Date: | Hits: 43

Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)

....ppellant that the lia­bility of the appellant with National Bank Ltd has been absolved and during the subsistence of the aforesaid order of stay dated 2.7.97 there was also no legal bar on the part of the appellant, to be elected as director of National Bank Ltd in the Annual General Meeting......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..

Category: Banking Law | Date: | Hits: 112

Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)

...., this suit was filed. 3. The leave-petitioner as defendant No.1 contested the suit by filing written statement denying the claim of the respondent-plaintiff No. 1. 4. Upon hearing the parties, the learned Assistant Judge dismissed the suit against which the plaintiff-respondent took......e of review.  Hence, we find no ground to review of our judgment. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 860. ..

Category: Property Law | Date: | Hits: 53

Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)

....ations against the company as well as the Chairman and the duly appointed Managing Director of the company, those allegations, being false, need to be controverted and so the company should be made a party in the matter as the responĀ­dent No.2. The petitioner filed an affidavit-in-reply denying the......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ..

Category: Business or Commercial Law | Date: | Hits: 151

Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)

....sending the suit back to the trial Court for re-hearing in the light of the observation made by the lower appellate Court and with further direction to the trial court for giving opportunity to the parties to adduce further evidence "if it is at all necessary" and also for fresh consid......ns made here­inbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..

Category: Property Law | Date: | Hits: 19

Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)

....ged to Md. Yasin who died leaving the plaintiffs' predecessor Abdul Motalib and the predecessor of defendant Nos. 9-13 as well as defendant Nos. 22-24, that Md. Yasin's property after his death was partitioned amicably. Abdul Motalib was in permissive possession from plaintiff No. 9 in respect of...... High Court Division of the kind call­ing for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ..

Category: Property Law | Date: | Hits: 23

Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

.... impression. They claimed to be in possession of the property as Ismail Gazi's legal heirs and according to their legal shares. 4. The trial Court on consideration of the evidence led by the parties accepted the case of plaintiff. The learned Subordinate Judge found the waqfnama a genuine ......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..

Category: Trust/Waqf Law | Date: | Hits: 171

Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)

.... and order dated 16.11.2005 passed by a Division Bench of the High Court Division in Criminal Revision No. 652 of 1993 discharging the Rule. 3. The Rule was issued calling upon the opposite parties to show cause as to why the proceeding in Special Tribunal Case No. 9 of 1991 (in fact Spec......lam, Ex-J.E.O. Shariakandi and others by granting receipt but did not deposit the same and thereby misappropriated the money. 5. The District Anti-Corruption Officer, Bogra on completion of investigation submitted charge sheet against Khalequl Islam, the present petitioner before us and t..

Category: Criminal Law | Date: | Hits: 96

S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)

....04) from the court of learned Druto Bichar Tribunal, Rajshahi to any other Druto Bichar Tribunal at Dhaka having similar jurisdiction call for the records cause shown, if any and after hearing the parties and perusal of the record making the rule absolute and/or pass such other or further order ......is son who succumbed to the injuries. On the basis of the aforesaid FIR Naldanga Police Station Case No.1 dated 08.02.2004 was started under Section 302 and other Sections of the Penal Code. After investigation police submitted charge sheet against the accused petitioners and others on 15.06.200..

Category: Criminal Law | Date: | Hits: 47

Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)

....r Shamsul Alam and while reached the main gate of the club at Road No. 8A of Dhanmondi Residential Area some miscreants in order to kill him fired shots which hit his brother on his head and other parts of  the   body and Ansar Commander Shamsul Alam was also injured and that the ......n to Dhaka Medical College Hospital where he was declared as dead. On the basis of the aforesaid First Information Report Dhanmondi PS. Case No. 1 dated 01.03.2004 was started and the police after investigation submitted charge sheet against the accused petitioner and others under Sections 326/3..

Category: Criminal Law | Date: | Hits: 64