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Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......W.2 Mahmudul Huq, the fact of gift has been proved as per requirement of Mohammadan Law having its 3 (three) ingredients viz. desire of the donor, delivery of possession and acceptance thereof. In view of such position without finding any inconsistency in the thumb impression of the donor, the H..Category: Property Law | Date: | Hits: 92
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......rima facie case of the opposite party No. 2 complainant to proceed against the accused-petitioners under section 138 of the Negotiable Instrument Act, 1881, and there is hardly any reason to hold the view that continuation of such proceeding will be sheer abuse of the process of the Court and that i..Category: Criminal Law | Date: | Hits: 163
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......in favour of the landlords. Thereafter, the said Jongal Moral took settlement and plaintiffs have mentioned in the suit land that Panchu Moral was not the son of Danu Moral and this was done with a view to grab the land and. the plaintiffs have no right, title and interest in the suit land and th..Category: Property Law | Date: | Hits: 90
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ...... case of Nazrul Islam Chowdhury Vs. The State that due compliance of law has not been done. 5. We find substance in the submissions of the learned Advocate on the materials on record and in view of the submissions, the case be send back to the court below for holding trail afresh in..Category: Criminal Law | Date: | Hits: 126
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....hows he received the same on 15.06.1983 and it to the concerned authority. 9. In due consideration of the above, trial Court rejected the Miscellaneous case but the appellate Court below on erroneous view set aside the order of the trial court allowing the appeal which has rightly reverse......ceived the same on 15.06.1983 and it to the concerned authority. 9. In due consideration of the above, trial Court rejected the Miscellaneous case but the appellate Court below on erroneous view set aside the order of the trial court allowing the appeal which has rightly reversed by the H..Category: Procedural Law | Date: | Hits: 143
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......s no legal right and is not entitled to invoke the writ jurisdiction for enforcement of commercial contracts, the High Court Division acted without jurisdiction in entertaining the writ petition in view of the principle of law laid down by the Appellate Division in the case reported in 39 DLR (A..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307....... have followed the mandatory provisions of Service Regulations as contained in Chapter XVII; that the respondent has been condemned unheard which is against all norms of justice and fairness. In that view, the order of suspension dated 15.03.2005 and the order of removal dated 17.03.2005 were malafi..Category: Employment/Service Law | Date: | Hits: 118
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......inted out before this Court the provision of Section 19 Gha of the Jaruri Khamata Bidhimala 2007 as amended by S.R.O. No. 30-Ain/2007 hereinafter referred to as "the said Rules" and submitted that in view of the aforesaid provision of the said Rules this Court is precluded from exercising the power ..Category: Criminal Law | Date: | Hits: 101
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....sed by the learned Deputy Attorney General for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......e case proved the prosecution case and other P.Ws are the circumstantial and corroborative witnesses. But the learned Judges of the High Court Division failed to take into account the correct view of the matter and accordingly, the same deserves to be re-examined. 10. We have heard t..Category: Criminal Law | Date: | Hits: 68
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......ansfer of the case land much earlier than the alleged date of knowledge of the impugned sale and thus the case ought to have been held to be barred by law of limitation. He lastly submits that in any view of the matter considering the facts, attending circumstances, materials on record and the provi..Category: Property Law | Date: | Hits: 61
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......larly Section 12(2) and 12(6) read with Sections 57 and 60 of the Artha Rin Adalat Ain, 2003 and the reasonings given by the Artha Rin Adalat as appearing in the impugned order, we are of the view that the High Court Division has correctly interpreted the law and passed the order in accorda..Category: Civil Law | Date: | Hits: 152
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ...... 4 is a deed of sale and not a heba deed and the question whether the deed in question is a colourable transaction or not can not be gone into in a pre-emption proceeding. 9. In our view that the High Court Division and the Courts below on proper consideration of the materials on ..Category: Property Law | Date: | Hits: 44
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......tablished to set a limit in the law of contract. In other words these factors are governing circumstances but not absolute rulings. 26. We can now revert to the submission of Mr. Sharif. In view of our analysis of Section 73, Contract Act, the contention of Mr. Sharif that in the case of ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......ther right is revocable at any time at the will of the licensor and that there is no provision in the Limitation Act providing limitation for filing a suit within specified time, that in view of the provision of section 116 of the Evidence Act licensee is incompetent to question the ti..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ......ssession in the suit land and that the impugned deed of heba-bil-ewaz is forged, fraudulent and so no consideration has been passed by the same. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Property Law | Date: | Hits: 87
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......neficiaries due to the mismanagement of the wakf estate by the respondent No.9 was reaching its finality and the petitioner took certain steps to save the wakf estate, the respondent No. 10, with the view to grab the waqf property, managed to send the respondent No.9 abroad; however after a period o..Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ...... release the land to One Mr. Khademul Islam Chowdhury who being aggrieved preferred Writ Petition No.835 of 1977 wherein the High Court Division after hearing the parties made the Rule absolute. On review the High Court Division maintained the earlier order and the appeal by RAJUK to the Appellate..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... Tax clearance Certificate and would also complete the other formalities for execution and registration of the sale deed. The defendant No.1 wanted to sell the property in suit with the end in view to buy some other property with the sale proceeds. As the defendant No.1 failed to find out th..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....ll Bench Decision of the Lahore High Court of West Pakistan in the case Ghulam Abbas Vs. The State, 20 DLR (WP) 48=P.L.D. 1968 Lahore 101 observed that the majority Judges of the Full Bench laid down erroneous rule that investigation in respect of receiving bribe commences when the complainant infor...... most elaborate provisions of the Customs Act are properly looked into and considered, nor can it find support if the reality and sequence of the situation is borne in mind. 6. Judging from these view points, the claim of the Customs Authority which has been made by the highest authority control..Category: Fiscal/Taxation Law | Date: | Hits: 129
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......ore, we find that the charges framed under Section 19(a) and 19(f) of the Arms Act have been proved against the appellant beyond all reasonable doubt and the learned Tribunal taking compassionate view awarded minimum sentence which is to run concurrently." 5. We have perused the..Category: Criminal Law | Date: | Hits: 155
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