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Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
.... It is further submitted that the learned Judges of the High Court Division failed to consider that it is not safe to base conviction on retracted confession alone without corroboration in material particulars in support of the guilt of the accused in the instant case and the P.W.1 Md. Abdur......her injured was admitted in the hospital, the dead body of the informant's son was brought back home. On the basis of the ejhar Godagari P. S. Case No. 10 dated 13-03-1991 was started. During investigation, the convict appellant was arrested, who made a judicial confession recorded under Se..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......i were found therein and then the above articles were seized in presence of the witnesses. The informant then lodged Bogra Police Station Case No. 10(2)96 dated 5.2.1996 and the police, after investigation, submitted charge sheet against the accused-petitioner and another under section 25(B..Category: Criminal Law | Date: | Hits: 29
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......6, 7, 8 and 11 came to the place of occurrence and Romeza was at first taken to the local hospital and then to the hospital at Khulna. Subsequently on 2.12.1989 at 8 P. M. P. W.1 lodged FIR. After investigation police submitted charge-sheet against the accused respondent and another. ..Category: Criminal Law | Date: | Hits: 29
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....and by registered kabala dated 19.09.1969 and has been in possession of the suit land since then in his own right exclusively and adversely and got his name mutated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Estate and the original......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....al Court decreed the suit on the findings that plaintiffs by the evidence of competent witnesses have establish their claim in respect of the land in suit, that the defendant although claimed that part of the land in suit is in the bed of the river but no such case was pleaded in the written sta......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 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 been prepared in......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....he suit property and in the plaint of his suit he did not claim to have any dwelling houses there and rather made averment that he possessed the suit land as agricultural land and after hearing the parties by order dated 15.2.1998 directed the defendant-petitioner to remove the houses and struct......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
..... The defendants rightly decided to sell the suit property by auction in accordance with the law. The defendant reserved the right to dispose of the suit property and the plaintiff had the right to participate in the auction to purchase the suit property through tender. That the learned Assistan...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....ucted by Syed Mahbubur Rahman, Advocate-on–Record- For the Appellants Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record- For Respondent No.1 Ex-parte- For Respondent Nos. 2-20 Civil Appeal No. 166 of 2000. Judgment: ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
.... Procedure on the point of res-judicata and the trial Court shall frame one of the issues as to whether the suit is barred by res-judicata and will decide the issues after recording evidence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....the suit land for 99 years to the plaintiff, that the land in suit is in the possession of the Railway. 4. The trial Court on consideration of the evidence both oral and documentary, of the parties dismissed the suit. Thereupon the plaintiff went on appeal. The appellate Court reversed th......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....ed: Shaheed Alam, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. Aftab Md. Hossain, Advocate -on-Record-For Respondent Nos. 1-3 & 5-17. Ex-parte- For Respondent No. 4. Civil Appeal No. 05 of 1997. Judgment: &n...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....nd for release of the property in question and other properties of the Corporation from the list of abandoned buildings as well as for the possession thoseof. The High Court Division granted first part of the relief i.e. declared that the properties of the Corporation are not abandoned propertie......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....ers of the Bank nor they are the guarantors in respect of the amount which was sanctioned as loan in favour of the defendant Nos. 1 and 2. 6. The Court of Subordinate Judge upon hearing the parties allowed the application filed under Order 1, Rule 10(2) of the Code of Civil Procedure by t......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....ult a meritorious matter being thrown out without any hearing whatsoever and as against this, when the delay is condoned the worst that can happen is that a case is decided on merit after hearing the parties, the opportunity that substantial justice shall take preponderance over technical considerat......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ...... any case is filed the informant would meet the same fate. The informant and one Babu quickly shifted Sentu to Dhaka Medical College Hospital and the doctor on duty declared him dead. Police after investigation submitted charge-sheet on 6.3.2000 against the accused petitioner and 2(two) others u..Category: Criminal Law | Date: | Hits: 102
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....examination within the period of two months from the date of receipt of the judgment. The High Court Division made further direction that "the re-examination and re-evaluation should be done impartially and in accordance with law". 2. The writ-petition was filed in the backgroun......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....d the land on payment of rent to the Government. Plaintiff by the kabala dated August 6, 1963 purchased from Taiyab Ali 41 decimals of land and out of that 14 decimals were acquired by C & B Department and thereupon he remained owner and possessor of 27 decimals of land. It was further averr......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....ompatible with their innocence and moreso, their explanation being found to be false. 10. He further submits that recovery of incriminating materials including the blood-stained clothes, in particular the blood-stained lungi of accused respondent Zahirul Alam Kamal, leads to the guilt of ......police officer there to make an inquest and he received an Ejahar at 1-00 PM through an Advocate which was signed by the respondent Nasiruddin Jamal. Investigation was started. After a few days the investigation was taken over by PW 1 Bimal Chandra Das, an officer of CID. During investigation he..Category: Criminal Law | Date: | Hits: 129
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....vision in Civil Revision Nos. 2429 of 1998) Judgment: Mohammad Fazlul Karim J: The Third party-petitioners seek leave to appeal against the judgment and order dated 18.08.2002 passed by th......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
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