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Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any subÂstance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......issued therein having been discharged the plaintiff has come up with the instant leave petition. 6. The learned Advocate appearing for the leave petitioner submitted that the courts below erred in law in not noticing that in a case for Specific Performance of Contract only issue to be adjudicated..Category: Property Law | Date: | Hits: 61
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is disÂmissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......y, 1996 after about 43 years of the date of acquisition by the Government. There is no scope to make any prayer to the Minister-in-charge of the Ministry of lands for release of the properÂty as per law. As soon as the lands were acquired and the gazette notification is published. under section 5(7..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589....... his admitted signatures. He submits that the trial Court is not authorised as per provisions of section 73 of the Evidence Act to compare any disputed signature and thereby has committed an error of law resulting in an error in the decision which has occasioned failure of justice. In support of his..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......the suit land and that the plaintiff could not even prove the date of the agreement or payment of consideration money. 9. But the appellate Court believed the oral agreement under misconception of law and for non consideration of the evidence on record to its true perspective. 10. When oral ag..Category: Property Law | Date: | Hits: 108
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......pon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issued by respondent No.2 shall not be declared to have been made and issued without lawful authority and is of no legal effect and why respondent Nos. 1 and 2 shall not be directed to ..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....the above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......ng the contract inasmuch as evidently the delay in execution occurred due to the fault of the respondents, not the petitioner. The learned Counsel also submitted that the High Court Division erred in law in disÂcharging the Rule on grounds of maintainÂability inasmuch as it is trite law that breac..Category: Others | Date: | Hits: 118
Anti-Corruption CommiÂssion Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......intainable as contemplated in sections 4 and 5 of the Emergency Powers Ordinance, 2007 debarring challenging of the Acts of the delegated authority in any Court; that the High Court Division erred in law interpreting secÂtion 26(2) and 27(1) of the ACC Act, 2004 and Rule 15(5) of the Emergency Powe..Category: Fiscal/Taxation Law | Date: | Hits: 86
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......ischarging the Rules by two separate judgments. 2. The facts, in short, are that in all those writ petitions two S.R.Os. of Customs dated 02.02.1993 and 28.10.1993 were challenged as illegal and unlawful on the ground that Collector of Customs-respondent claimed customs duty and tariff value at a..Category: Fiscal/Taxation Law | Date: | Hits: 75
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be depositÂed within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......ther contended that both the Courts below concurrently found the plaintiffs' title and possession in the suit lands and that since the defendants denied their claim, the High Court Division erred in law in holdÂing that the suit for partition is not mainÂtainable. It is further contended that sin..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petiÂtion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......dant government having failed to prove that the suit land was enlisted as vested property, the High Court Division did not reverse those concurrent findings and therefore, in view of the principle of law, the judgment of the High Court Division is not sustainable in law. 7. We have heard the lear..Category: Property Law | Date: | Hits: 80
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......etitioners objected. Thereafter in the Miscellaneous Case, the Respondent filed an application under order 7 Rule 11 of the Code of Civil Procedure for rejecting it stating that the case is barred by law. The petitioners filed objection stating that order 7 Rule 11(d) of the Code of Civil Procedure ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......and others reported in 3 MLR (AD) 284 in support of his contention. 18. Now the moot point that calls for our determination is, whether the learned Additional District Judge committed any error of law in passing the judgment dated 20-1-2002 which has occasioned failure of justice. 19. It is ad..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......nur and on account of physical assault Kohinur breathed her last. 3. Accused Md. Kaloo decamped immediately after commission of crime and had chosen to be an absconder and remained a fugitive from law and justice till conclusion of trial. 4. Autopsy on the body of deceased Kohinur Khatoon was ..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......the 4(four) others pleaded guilty to the charge, Convict Arif having remained in abscondence did not face the trial. All the 6 condemned prisoners were present during trial, but refused to engage any lawyer to defend them and demanded their trial in accordance with, what they call the law of Allah. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607......., Learned Tribunal framed charge against the jail appellant for offence punishable under sections 19(a), 19(0 of the Arms Act to which he pleaded not guilty and claimed to be tried in accordance with law. 5. In order to substantiate the charge, prosecution produced 5 witnesses before the Tribunal..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......Islam called him and told him that there was an outcry coming from the house of his brother and then he (PW 2) rushed there and saw his brother Abdul Khaleque lying injured on the floor and sister-in-law (informant) crying out and he also raised alarm and thereafter his brother Malek Bhuiyan, father..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......19 DLR (SC) 36 and Mofizuddin Patwari Vs. Abdul Hakim and others, 33 DLR (AD) 305. 25. Secondly, if the record of rights is changed by way of mutation in accordance with the procedure laid down in law by a valid order before the commencement of the proceeding for preemption the pre-emptor must be..Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......ment hearing on 28-11-2005 and thus the application for transfer is mala fide with the view to delaying the proceeding of the suit. He further submits that the learned District Judge, having erred in law as well as in fact, illegally passed the impugned order committing an error of law in the decisi..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ...... of the plaintiff, in short, is that the plaintiff Sonia Pervin Liza is the legitimate daughter of the defendant Abdul Aziz; that Feroza Afroz; who entered into marriage according to the provision of law of the country and out of their wedlock; the plaintiff Sonia Pervin Liza was born on 27-4-1989 a..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......ul Huq is the husband of PW 4 Sheji. He is not an eye-witness to the occurrence, but stated about certain prior and subsequent facts. He stated that on 2-4-1998 his wife (PW 4) and the two sisters-in-law being Simeen (PW 3) and deceased Shajneen had gone to Marina Tea Garden at Kulaura on 3-4-1998. ..Category: Criminal Law | Date: | Hits: 70
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