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Amulla Kumar Bairagi and others Vs. Chitta Ranjan Biswas and others, 2002, 31 CLC (AD)
....ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ...... The learned advocate appearing for the petitioner submits that the single Judge of the High Court Division passed the judgment; on mere technicality without discussing the main issues raised in this case and the specific findings of the learned appellate court below. We have considered the submissi..Category: Property Law | Date: | Hits: 69
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......tory and also I am annoyed with the conduct of RAJUK, erstwhile DIT but since these appeals are from original decree, section 107 of the Code of Civil Procedure gives mandatory power to determine a case finally, as the Appellate Court, shall have the same powers and shall perform as nearly as may ..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......e Md. Nurul Islam, 2. Shahin, son of Tajumuddin, 3. Masud son of Chan Miah, 4. Swapan @ Md. Swapan, son of Fazlu Miah, 5. Apple son of Lutfur Rahman and 6. Al-Amin son of Zamiruddin passed in Session case No.26 of 2004. Criminal Appeal No. 4580 of 2005 has preferred by condemned-prisoner Lebu Miah, ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......h, of January, 1977 against appellant Nos. 1‑6 as principal defendant Nos. 1 to 6 impleading also appellant No.7 and respondent Nos. 3‑6 as pro forma defendant Nos. 7 to 11 in the suit. 3. The case of the plaintiffs, in short, is, that pro forma defendant No.7 Kadam Ali, father of proforma de..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......e a suit to have the instrument rectified, and if the Court finds it clearly proved that there has been fraud or mistake in framing the instrument, it may rectify the instrument. 7. To establish a case of rectification of an instrument, it is required to prove that there has been either fraud or ..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518........ Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Hague J Md. Muzammel Hossain J Surendra Kumar Sinha J Lt. Col. M. A. Mannan (Retd.)………………Appellant (In both the cases) Vs. Social Investment Bank Ltd. and Others …………Respondent (In Civil Appeal No...Category: Civil Law | Date: | Hits: 90
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......ame as Sahin. The informant handed over the accused to the Jhenaidah police station and lodged an F.I.R for starting a regular ease against the accused. 3. On the basis of the said F.I.R a regular case being Jhenaidah P.S Case No.2 dated 2.12.95 was started under sections 19 (A) and 19 (f) of the..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......0 read with section 5(2) of the Prevention of Corruption Act, 1947. 3. Thereafter, one Md. Talebur Rahman, Assistant Director of the Anti-Corruption Commission (ACC in brief) investigated into the case and he, having found prima facie case, submitted against the petitioner a charge sheet No. 80 d..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......a, the predecessor of the opposite party Nos.1(a) to 1(ka) as petitioner filed Miscellaneous Case No.67 of 1983 under section 96 of the State Acquisition and Tenancy Act, 1950 for preemption of the case land against the present petitioner as opposite party No.1. 3. The case of the petitioner, ..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......nce on record documents and exhibits and other connected papers came to a proper and justified finding in dismissing the suit of the plaintiffs because the plaintiffs could not successfully prove the case. The learned counsel further submits that the trial Court found in his Judgment that the docume..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......idity of the charge framed under section 5(1)(d) of the Prevention of Corruption Act, 1947. 3. Consequent on the lodging of FIR on 14.4.91 by one Mujibur Rahman, Anti‑Corruption Officer, Dhaka a case being Motijheel PS Case No. 48(4)91 was started and the police after investigation submitted ch..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......n Commissioner for necessary action and appoints, as soon as may be, with the approval of the Election Commission, a day for a fresh poll (Rule‑29(2). 5. Dr. Rafiqur Rahman then refers us to the case of Altaf Hossain Vs. Abdul Quashem reported in 45 DLR (AD) 53 wherein it has been held, "In our..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......ng the suit premises in the Court of Subordinate Judge, First Court, Sadar, Chittagong, in which the plaintiff of Other Suit No.7 of 1991 has been made the defendant No.2. The latter appeared in that case by submitting written statement, but did not mention anything in Other Suit No.7 of 1991 about ..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......ah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The State………………………………………………………….Opposite party (In both cases) Judgment May 26, 2011. Result: The Rules are made absolute. Cases Referred to-..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
.... omission made by the appellate Court is in respect of the clear findings by the trial Court about the deed of agreement for reconveyance and the subsequent deeds of sale as genuine. This goes to the root of the merit of the case. Since no relief could be granted-to the plaintiffs without coming to ......cord, exhibits, registered deed, documents and also the judgment of both the courts below it appears that the trial Court discussed the evidence and also perused the documents and legal aspect of the case and made his observation that the suit was hit by Section 42 of the Specific Relief Act. The le..Category: Property Law | Date: | Hits: 94
....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......e."
4. We have considered leave petition, the materials on record and the submissions made by the learned Advocate appearing for the petitioner. Having regard to the facts and circumstances of the case and the provision of section 21 of the Dhaka Electric Authority Act, 1990, as amended by the Dh..
Category: Employment/Service Law | Date: | Hits: 62
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176.......egister the said sale deed, and hence was the suit.
3. The defendant Nos.1 and 2 contested the suit by filing joint written statement denying the material allegations made in the plaint.
4. The case of the defendants, in short, is that Monsur Rahman had dealership license and he used to do bus..
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......nwar Hossain Dipzol by the Metropolitan Special Tribunal No. 7, Dhaka in Special Tribunal Case No.346 of 2007 and setting the said convict Monwar Hossain Dipzol at liberty, if not wanted in any other case. 2. Facts of the case, in short are that One A.S.I. Md. Asaduzzaman lodged a First Informati..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......on (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Bangladesh……………………………………Petitioner (In both the cases) Vs. Goutam Kumar Saha and others……………...Respondents (In Civil Petition No.238..Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......cause as to why the judgment and decree of affirmance dated 24.4.2004 passed by the learned District Judge at Narayangonj in Money Appeal No.02 of 2002 should not be set-aside. 2. The facts of the case, in brief, are that the sole opposite party as plaintiff on 6.7.1986 filed a suit being Money S..Category: Civil Law | Date: | Hits: 97
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