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....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365....... also Reported in: 53 DLR (2001) 365....... in favour of the plaintiff opposite party with certain adverse remarks against the authority concerned for playing foul in the matter with a motive. The learned District Judge, Kungram discussed the evidence in full and the law points involved therein and delivered a lengthy judgment affirming the ..
Category: Procedural Law | Date: | Hits: 88
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
.... the purpose of determining the real question or issue raised by or depending on such proceeding. This general power of amendment under section 153 of the Code of Civil Procedure is applicable in the facts of the case before us. The learned District Judge has not considered the prayer for amendment ......dge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364...Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....duced only one DW Abul Fateh Md. Zakaria Depo super in-charge of defendant’s No.1 and 2. He is an Aeronautical Engineer, but did not produce papers. The learned Subordinate Judge, after considering facts, circumstance as well as evidence on record decreed the suit, in full. 12. Now the only iss......eported in: 53 DLR (2001) 368.......ted by them within Khulna Pourashava during the period from 1-10-1977 to 30-6-1980 and how much octroi plaintiffs are entitled to. 3. The learned Subordinate Judge, Third Court, Dhaka after taking evidences of both the parties decreed the suit on 8-10-1992 against the principal defendants and in ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Rana Vs. State, 2010, 39 CLC (AD)
....uffer rigorous imprisonment for a period of 10 (ten) years and also to fine an amount of Tk. 10,000/-, in default to suffer rigorous imprisonment for a further period of 1 (one) year more. 2. The facts of the prosecution case, in brief, are that while Md. Asaduzzaman and Md. Shafiqul Islam were ......Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 168 of 2009. (From the Judgment and order dated 06.01.2009 passed by the High Court Division in Criminal Appeal No.2126 of 2006) ......Âed throughout the whole period of trial. The Assistant Sessions Judge, after trial, convicted the petitioner and another as mentioned above. 3. On appeal, the High Court Division, considered the evidence on record and found nothing which may call for its interference. The contention that the ap..Category: Criminal Law | Date: | Hits: 39
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a corÂrect decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......an, Advocate, instructed by Md. Zahirul Islam, Advocate-On-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Apple No.238 of 2009. (From the judgment and order dated 28.04.2009 passed by the High Court Division in Criminal Miscellaneous Case No.7370o......vision without touching the merit of the case most illegally rejected the application under Section 561A of the Code. He finally submits that the Tribunal convicted the petitioner withÂout any legal evidence but the High Court Division failed to appreciate that the inherent power under Section 561A..Category: Criminal Law | Date: | Hits: 56
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ated 28.10.2007 passed in Money Execution Case No. 142 of 2000 by the Artha Rin Adalat, Bogra upholding the auction-sale. 5. The High Court Division arrived at its decision on consideration of the facts and circumstances of the case observing, amongst others, the following: "The respondent No.......lul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Mansur Rahman ……………………………………...Petitioner Vs. Abdul Mannan Sardar and others ........................Respondents Judgment November 2, 2009. Lawyers Involved:......ly. In the facts and circumstances of the case, we do not find any merit in the appliÂcation. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623...Category: Civil Law | Date: | Hits: 79
Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....se as per report of the writ respondent No.6 and in the light of the judgment and order dated 21.05.2007 passed by the High Court Division in disposing of the Writ Petition No.7347 of 2005. 3. The facts, in short, are that two appliÂcants, namely, Sunamganj Bus Minis Bus Micro Bus Malik Group an......on (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Haji Nurul Islam…………………….........Petitioner Vs. Maina Miah and others……………......Respondents Judgment January 13, 2010. Lawyers Involved: ......rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ..Category: Others | Date: | Hits: 74
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
.... arising out of Order No.60 dated 19.07.2004 issuing warrant of arrest against the petitioner in Money Execution Case No. 196 of 2003 passed by the Judge, Artha Rin Adalat No.1, Chittagong. 2. The facts, in short, are that the petitionÂer filed the writ petition being Writ petiÂtion No. 5765 of......hman J ABM Khairul Haque J Abdur Rashid alias Abdur Rasheed……………………...Petitioner Vs. Judge, Artha Rin Adalat No.1, Chittagong, Police Station-Kotwali, District-Chittagong and Another…….........Respondents Judgment November 16, 2009. Lawyers Involved: Md........ We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 611...Category: Civil Law | Date: | Hits: 77
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
....smissing the appeal and affirming the judgment and decree dated 29.04.2004 passed by the learned Senior Assistant Judge, 1st Court, Gazipur in Title Suit No. 230 of 2001 decreeing the suit. 2. The facts, in short, are that the responÂdent as plaintiff filed Title Suit No. 230 of 2001 against the......d in: VII ADC (2010) 608. ...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......so Reported in: VII ADC (2010) 605....... are petitioners No.10 and 11 also contested the suit and filed two sepaÂrate written statements supporting the case of the defendant No.4. 5. The learned Assistant Judge on appreciÂation of the evidence on record by judgÂment and order dated 31st July, 2002 disÂmissed the suit. The plaintiff..Category: Property Law | Date: | Hits: 27
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....f 2001 allowing the appeal and reversing those dated 09.10.2001 passed by the learned Joint District Judge, 1st Court, Meherpur in Title Suit No. 3 of 1999 decreeÂing the suit on contest. 2. The facts, in short, are that the petitioner as plaintiff instituted a suit for specific perÂformance o......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Md. Ahia………………………………….Petitioner Vs. Md. Azimuddin and others……..........Respondents Judgment March 21, 2010. Lawyers Involved: Asad H......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ..Category: Property Law | Date: | Hits: 25
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....Division in Civil Revision No.2102 of 1995 making the Rule absolute remanding the suit to the Court of Appeal below for holding fresh trial in the light of observation made in the judgment. 2. The facts involved in the case, in short, are that Patuakhali Thana premises P.D.S. Maidan and also to t......f the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598....... that the plaintiffs have got no prima-facie arguable case. 4. Mr. A.K. Badrul Huq, learned Counsel, appearing for the petitioners submitted that documents fled by the plaintiffs under Firisti are evidence that the suit is the land belonged to K.D.D.B. and defendants as well admitted that K.D.D.B..Category: Property Law | Date: | Hits: 31
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......Appellate Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Alekjan Bewa and others……………………....Petitioners Vs. Arefa Bewa and others………………â......ve transfers the plaintiff is not entitled to the saham as claimed in the plaint and he is entitled to a fractional share of the suit lands. The learned Senior Assistant Judge on consideration of the evidence on record decreed the suit and allotted 1.50 acres of land in favour of the plaintiff and d..Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Joynal Abedin………………………………….Petitioner Vs. Ali Azam Saibal and others………………Respondents Judgment January 7, 2010. Lawyers Involved: Zai......ip, the disputed deed was registered with Palong Sub-Registry Office and that the plaintiffs had knowledge about the transfer of the lands. 3. The learned Assistant Judge on considerÂation of the evidence on record by judgment and order dated 23rd November, 1999 decreed the suit and declared the..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... is condoned. Preparation of the paper book is disÂpensed with as prayed for. The petitioner is permitted to add addiÂtional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......resent: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Government of Bangladesh………………......Petitioner Vs. Md. Atiar Rahman Khan and others..............Respondents Order January 10, 2010. Lawyers Involved: Murad Rez......y Commissioner, Khulna. The said defenÂdants filed written statements separately but the defendant No.6 ultimately did not contest the suit. The Deputy Commissioner, Khulna though did not adduce any evidence but cross-examined the plaintiffs witnesses. In the premises, the suit having been decreed ..Category: Limitation Law | Date: | Hits: 149
National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)
....e Rule absolute and directing the respondents to assess the customs duty and other charges and release the petitioner's imported goods on payment of customs duties, taxes and other charges. 2. The facts, in short, are that the writ petiÂtioner filed the aforesaid writ petition before the High Co......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J National Board of Revenue representÂed by the Chairman NBR Bhaban, Segunbagicha, Police Station-Ramna, District-Dhaka and another ……………………..Petitioners Vs. Dulal Chandra Bhoumik………………â......vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......r Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No.1963 of 2009. (From the Judgment and order dated 5th August, 2009 of a Single Bench of the High Court Division in Civil Revision No.1......nd it has not been acted upon. The suit was instituted with a view to grab the Government's khas land which is liable to be dismissed. 4. The learned Joint District Judge on conÂsideration of the evidence on record by judgment and order dated 30th January, 1997 dismissed the suit. On appeal by t..Category: Property Law | Date: | Hits: 26
.... by the learned Additional District Judge, Naogaon in Title Appeal No.147 of 1997 reversing those dated 04.06.1997 passed by the Subordinate Judge, 3rd Court, Naogaon in decreeing the suit.
2. The facts involved in the case, in short, are that the land of lot No.1 of 'Ka' schedÂule land of the p......f the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......m, learned Counsel, appearing for the petitioners submitted that the plaintiffs having succeeded in proving that Kanai Chandra Das is the legitimate son of Krishna Chandra Das by oral and documentary evidence and on the basis of the said evidence the trial Court decreed the suit but the Court of App..
Category: Property Law | Date: | Hits: 58
Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)
.... to prepare the record of right of the case property in the name of the original owner and record the names of the writ petitioner respondents as forcible posÂsessors in the remark column. 2. The facts, in short, are that the responÂdent Nos.1-10 as petitioners filed Writ Petition No.2258 of 20...... VII ADC (2010) 557. ......gment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ..Category: Property Law | Date: | Hits: 28
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ion for Leave to Appeal is directed against the judgment and order dated the 2nd day of August, 2009 passed by the High Court Division in Writ Petition No.3418 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the property in C.S. Plot No.65 is a Debutter propert......ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Surujit Bose (Raju)…......................Petitioner Vs Bangladesh and others…………........Respondents Judgment January 26, 2010. Lawyers Involved: A...... said plot No.65 is identical with Annexure-K and Annexure-A is a question of fact and it could be resolved in a regular title suit by making relayÂment by an Advocate Commissioner and other support evidence on record and the same could not be the subject matter of writ petition. Admittedly the pet..Category: Property Law | Date: | Hits: 23
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