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Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....ng a deed of heba-bil-ewaz and another being a deed of sale were nothing but a give and take among Malekun and the pre-emptee petitioners, fufu and nephews, can be termed as an exchange or amicable partition among the co-shares; since Malekun re-transferred the case land in favour of the pre-empt......lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ..Category: Property Law | Date: | Hits: 34
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....usain CJ. - Defendant is seeking leave against the judgment and order dated 13th April, 2005 passed by a Division Bench of the High Court Division in First Appeal No. 552 of 2000 allowing the same in part which arose out of judgment and decree dated 17-08-2000 passed by the learned Subordinate Judge......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ..Category: Banking Law | Date: | Hits: 85
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....sion also observed that this order was not stayed by the High Court Division and accordingly the High Court Division concluded that the kabala Ext.1 has been registered long back sometimes in later part of 1975 of in the early 1976 and accordingly rejected the application. 5. In the facts an......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ..Category: Procedural Law | Date: | Hits: 97
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
.... No.9 of 1987-88 in respect of the suit land is illegal, void etc. It was stated in the plaint that the suit property belonged to Jogendra Mohan Chakraborty and Lat Mohon in equal shares and after partition in 1947 they left for India and settled there and 1.18 acres of land was taken away by th......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ..Category: Property Law | Date: | Hits: 25
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....ling written statements denying the material allegations made in the plaint and contending that the plaintiff did not repay the loans within the period stipulated; there was no promise on the part of the defendants to give further loan to the plaintiff; the defendants by their letter d......d the Managing Director of the plaintiff to send a person, with his signature duly attested, to take back the keys but he did not take any steps in this regard; earlier a foreign expert made local investigation to ascertain the loss but at belated stage, when the suit has been fixed for hearing,..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....case against the employees of the defendant No.1 submitted report for prosecution and the case was submitted to the Narayanganj Magistrate for trial, that the matter was also investigated by the Department of Shipping and report was submitted on August 25, 1986 with the finding that the defendan......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......rosecution case nullified, the High Court Division held that first information Report is neither starting nor the ending of a criminal case and on the strength of First Information Report investigation commences and admittedly the occurrence took place on 16.6.2000 and the date 15...Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ...... of the Criminal Law Amendment Act, 1958 read with section 167(5) of the Code of Criminal procedure we are of the view that the aforesaid Criminal Proceeding lost its legal force inasmuch as the investigation agency failed to submit the charge-sheet within 180 days from the date of institutio..Category: Criminal Law | Date: | Hits: 48
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ...... Teknaf Police Station was recorded as Teknaf Police Station Case No.20 dated 25-12-2000 under Sections 302/34 of the Penal Code against the accused-petitioner, Paritosh. 3. On completion of investigation, police submitted charge sheet against him (accused) under Section 302 of the Penal ..Category: Criminal Law | Date: | Hits: 43
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....………………..Respondents Judgment May 27, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ex-parte - the Respondent. Civil Appeal No.449 of 2001 (From the judgment and order dated 2......he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....and since then plaintiff is possessing the land on payment of rent to the Government, that there is passage over the suit plot No. 837 and the said path has divided the land of plot No. 837 in two parts, in one part .03 decimal of land, that recent revisional record of right has ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....tagong in Other Appeal No.726 of 1994 reversing those of dated 29.9.1984 passed by the learned Munsif (now Assistant Judge), Rangunia, Chittagong in Other Suit No. 110 of 1982 decreeing the suit in part. 2. The plaintiff, the predecessor of the petitioners, instituted the above Other Suit ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
.... who transferred the same to defendant No. 1, Shamsul Haq by a Heba-bil-Ewaz deed dated 11-07-1985. In this way, defendant No.1 and 2 have been in possession of the specified area in the southern part of the suit land. 4. Upon hearing the parties, the trial Court decreed the suit by his ......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....e 2nd Court of Additional Senior Assistant Judge, Sadar, Chittagong in Other Case No. 155 of 1990 dismissing the same. 2. The suit was filed seeking separate saham of 34 decimals of land on partition of 1.14 acres of land. The appellate Court upon allowing the appeal passed a decree in fa...... of the land in the document filed by the plaintiff and the document filed by the defendant which was marked as Ext. 'Uma' the contention of the parties call for investigation and adjudication. Suffice it to say quantity of land which was made the subject ..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....tion Nos. 40-44 of 2004 the 20th Annual General Meeting may be allowed to be held without the agenda of election of directors after condoning the delay and that there was no willful default on the part of the company. The learned advocate for Bangladesh Bank, the petitioner herein, on the o......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....urchased the suit land from the original owners in the benami of his relative Srish Chandra Bhattacharjee by a registered kabala dated 28.07.1927. Subsequently he divided the suit land into two equal parts and created two separate Municipal holding being holding No. 12 (new 23) and holding No; 13 (n...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..Category: Property Law | Date: | Hits: 34
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....e appeal for hearing and there being no illegality the appeal is liable to be dismissed. 10. Leave was granted to consider the above submissions which were made earlier also on behalf of both the parties at the time of hearing the leave petition. 11. Opposing the appeal Mr. T. H. Khan, learn......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
....on for Leave to Appeal is directed against the judgment and order dated 18.04.2005 passed by a Division Bench of the High, Court Division in Criminal Appeal No. 2513 of 2003 allowing the appeal in part and thereby convicting the accused Md. Aminur Rahman, Md. Shirajul Islam @ Khasru and Du...... under section 164 of the Code of Criminal Procedure both the confessing accused disclosed the fact of commission of rape on the informant by those three accused. 3. Police on completion of investigation submitted charge sheet. During trial prosecution examined 15 witnesses. 4. The..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
.....L Abdul Bari, vital witness in the case. All these facts creates a strong doubt about the truth of the prosecution story. It may be mentioned that it is in the evidence of the members of the raiding party that they did not raise any hue and cry at the time of occurrence but they have stated in thei......there. 7. On the aforesaid incident S.I. Md. Obaidur Rahman P.W.1 lodged the ejahar on 13.5.2002 at about 23.45 hours. The incident took place on 13.5.2002 at 19.30 hours. 8. On completion of investigation charge sheet was filed against 5 accused persons. At the time of trial charge was fram..Category: Criminal Law | Date: | Hits: 73
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....unsel for the petitioner submits that the petitioner, a statutory corporation, complied with all the necessary formalities before purchase of the above Plot No.4 and there being no laches on their part it would be unjust and inequitable if they are deprived of their lawful right, title and inter......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..Category: Property Law | Date: | Hits: 41
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