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A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)

.... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ......en objection, as such, the question of issuing a notice to them did not arise. So far the question of enquiry is concerned, the Claims Tribunal examined the witnesses and considered other evidence on record before assessing the quantum of compensation. As such, this requirement was also adequately a...... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ..

Category: Civil Law | Date: | Hits: 96

Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)

.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......rievous injuries on the victim as men­tioned in the Doctor’s certificate and accordingly the review petitioners pray for reduction of the period of sentence at least. 4. It appears from the record of the case that in the doctor's certificate it is men­tioned that except injury No.1 caused...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ..

Category: Criminal Law | Date: | Hits: 45

Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)

....rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......o 3, preferred the Civil Revision No.371 of 2000 in the High Court Division. 4. The High Court Division found that no documentary evidence was filed from either side. From the oral evidence on record he found that Abdul Jabbar died prior to 1979 and his son Shajahan Sarder got the suit-land b......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ..

Category: Property Law | Date: | Hits: 23

Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and oth­ers, 2009, 38 CLC (AD)

....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......o discharged by the judgment and order dated 18.03.2009, concurring with the judgments and orders passed by the Courts below. 4. The learned Assistant Judge on consideration of the evidence on record found that the Nadabi deed is a forged one, that 0.1112 acres out of the suit-land was purcha......ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ..

Category: Property Law | Date: | Hits: 21

Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)

....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ..

Category: Civil Law | Date: | Hits: 90

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......As a matter of fact, he executed a deed of mortgage at a consideration of Tk. 25,000/-. The suit is, therefore, liable to be dismissed. 4.  The trial court on consideration of the evidence on record by judgment and order dated 26th February, 2003 dismissed the suit directing the defendant No......low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..

Category: Property Law | Date: | Hits: 17

Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)

.... Thereafter, the respondent filed the First Appeal No. 28 of 2004 before the High Court Division. After hearing, the High Court Division found that the petitioners admitted its failure to deliver the goods and offered payment of compensation of Tk. 3,15,560/- in lieu of goods and that since the plai......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till dis­posal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till dis­posal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..

Category: Civil Law | Date: | Hits: 85

Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)

....recovered from the carrier and accordingly advised the plaintiff. The plaintiff failed to furnish the required doc­uments called for by the defendant No. 4 and though the photograph of the dam­aged goods were taken but the photo of the track, carrying the goods were not taken and that the defendan......land carrier is liable for the damages. 5. The case was heard by the learned Subordinate Judge (now Joint District Judge), 3rd Court, Dhaka and upon con­sideration of the material evidence on record the learned Subordinate Judge was pleased to decree the suit on contest against the defendant......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ..

Category: Business or Commercial Law | Date: | Hits: 186

Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)

....e, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......e, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......t their name enrolled in the M.P.O issued by the BANBBIS and have been receiving the partition of the salary grant­ed by the Government duly and regularly. The writ-petitioners while rendering their service to the utmost satisfaction all con­cerns were informed of an office order dated 04.08.2002 ..

Category: Civil Law | Date: | Hits: 84

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

....ch circumstances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......1970 and  also  delivered  possession  in her favour. In late 1988, she went to the land to erect a house thereon but the son of the defendant No.1 disclosed that the name of his parents had been recorded in the B.S. Khatain. Since the plaintiff and the defen­dant Nos.1 and 2 are in ejmali poss......ch circumstances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ..

Category: Limitation Law | Date: | Hits: 181

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......2009.) Judgment Md. Abdul Matin J. - This petition for leave to appeal is directed against order dated 16.04.2009 passed by the High Court Division in Election Petition No.8 of 2009 keeping in record the application under Article 58(a) of the Representation of People's Order, 1972 read with S......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ..

Category: Election Law | Date: | Hits: 116

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......volved: Abul Kalam Chowdhury, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. M. A. Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on record-For the Respondent No. 1. Not represented-For respondent Nos. 2-7. Civil Petiti...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ..

Category: Property Law | Date: | Hits: 33

Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)

....the rules. The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......ttlement of the said lands from the said landlords by several amalnamas and they were recog­nized as Korfa tenants under khatian Nos. 22-31 of the landlords khatian No.21. The lands were accordingly recorded in the C.S. khatian in the names of the plaintiffs-predecessors and they exercised their ti......the rules. The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ..

Category: Property Law | Date: | Hits: 25

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

.... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ...... .27 decimals of land in the suit plot by way of purchase and by inheri­tance. It is further stated that in S.A. oper­ation the suit property along with the property of plot No.643 has been wrongly recorded in the name of one Aderjaman and other, predecessors of the defendants in khatian No.117. T...... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ..

Category: Property Law | Date: | Hits: 43

Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ...... contested the suit by filing written statement denying the claim made in the plaint and claiming the suit land by purchase and that he filed the Other Class Suit No. 142 of 1977 for cor­recting the record of right, since in the record the name of one Azim Munshi was shown as owner-possessor of 3.8...... Tangail, for declaration that the ex parte judgment and decree dated 26th November, 1977 obtained in Other Class Suit No. 142 of 1977 by practicing fraud upon the Court by showing false report as to service of summons and on the basis of a forged karfa created in the name of a dead person. The plai..

Category: Property Law | Date: | Hits: 21

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......7 of ordinance no. 54/85 attempted to be filed by the petitioner was not received by the said Court. The peti­tioner contends that his building was list­ed illegally as abandoned property with­out service of notice under section 5 of the ordinance and that the petitioner being a Bangladeshi natio..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ...... Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: T.H. Khan, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-record-For the Appellants. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..

Category: Property Law | Date: | Hits: 27

Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

....ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......rder dated 29.9.1980, passed by the appellate Court and directed the learned Assistant   Judge to dispose of the Miscellaneous Case No.54 of 1975, with­in one month from the date of receipt of the record. The said Miscellaneous case was allowed by the judgment and order dated 09.09.1991 and the e......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..

Category: Civil Law | Date: | Hits: 105

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....d of Law makes allowance only for the direct conse­quences and refuses to consider any dam­age remotely resulting from the wrongful act. The respondents are themselves responsible for loss of their goodwill by defaulting in making the payment of the sale proceeds due to the claimant within the sti......stice. 10. The arbitration tribunal framed as many as 18 issues to decide the claim and the counter claim made by both the par­ties. The tribunal, on 08.04.2006, after considering the evidence on record, the relevant exhibits filed by both the parties the written statements of the parties and th......ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......gh Court Division and obtained the Rule but the Rule was discharged by the High Court Division. 4. Leave was granted to consider the submissions of the learned Advocate for the appellant that "the record shows from the date of writing to the Government for according sanction to take cognizance ag......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ..

Category: Criminal Law | Date: | Hits: 46