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Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
.... of the Transfer of Property Act by the later enactment, it ought to have expressly said so, or could have used some such expressions as “notwithstanding anything contained in any other law for the time being in force". Such phraseology or expressions are used by the legislature to give an enactme......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....r alia, that section 339(C) of the Code of Criminal Procedure having been amended and a new provision having been added to the effect that the proceedings cannot be stopped when the specified time for trial is over and the accused may be released from custody. The High Court Division f......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ..Category: Criminal Law | Date: | Hits: 96
Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)
....sp; of sheer enmity and grudge as a counterblast to Kotwali P.S. Case No. 35 (Sylhet) dated 12 August 1999 filed by co-accused Zamir Ali alleging murder of his son and that in the mean-time the said case also had been disposed of ending in conviction of one accused under ......h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ..Category: Criminal Law | Date: | Hits: 44
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....f sale dated 5.2.1982 in respect of which pre-emption was sought did no longer exist; the transfer of 6.32 acres of land by Malekun being made on 5.2.1982 and on the same date and at the same time pre-emptee petitioners having transferred to Malekun 2.50 acres of land, Malekun did not ceas......lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ..Category: Property Law | Date: | Hits: 34
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....r dated 19.07.2001. 2. Short facts are that the matter came up before the lawazima Bench of the High Court Division on 20.02.2001 when none appeared and the learned Single Judge allowed two weeks time to comply with the office report dated 08.06.2000. The appellant did not take any step to put i......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ..Category: Procedural Law | Date: | Hits: 97
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....d Tenancy Act, let us quote the said provision which is as under:- "81B. Registration of Lease Deed.- Notwithstanding anything contained in section 81 and 81 A or any other law for the time being in force, no agricultural or non-agricultural tenancy shall in law be created or deemed ......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ..Category: Property Law | Date: | Hits: 25
M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)
.... and 10th May, 2006 passed in First Miscellaneous Appeal No.100 of 2005. 6. Now let us consider the Civil Petition for Leave to Appeal No. 188 of 2007. We find that the same is out of time by 285 days. The application has been filed seeking condonation of delay. Grounds shown i......or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ..Category: Alternative Dispute Resolution | Date: | Hits: 193
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....or the defendant-appellant submitted that from the records maintained it would not be difficult for the plaintiff to prove as to what was the price of various machinery as well as the stock at the time of institution of the suit which the plaintiff is to prove and as such there is no necessity o......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....per Navigation Rules and the accident took place because of the negligence of the employees of the defendant No.1 as well as of the defendant No.6. The plaintiffs averred that at the relevant time defendant No.6, Master-in-charge of M.V. Shainpukur-1 piloted the vessel negligently and ......e 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: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....al period of i limitation has been fixed for submission of police report and since the law requires that if the investigating agency failed to submit the police report within the stipulated time, the proceeding should be stopped and the accused should be released. Considering the above, ...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ..Category: Criminal Law | Date: | Hits: 48
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ..Category: Criminal Law | Date: | Hits: 43
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
.... petitioners as defendants contested the suit by filing written statement denying the plaintiffs' case stating inter alia, that the plaintiffs though received the rents from the defendants in time but were in the habit of not issuing rent receipt and the plaintiffs took some money as loan ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Property Law | Date: | Hits: 35
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
.... Alhaj Faruque Hossain. The plaintiff performed her iddat and others religious formalities. Thereafter, the defendant No.1 claimed herself to be the wife of late Alhaj Faruque Hossain for the first time on 10.11.1988. The further case of the plaintiff is that late Alhaj Faruque Hossain neve......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ..Category: Family Law | Date: | Hits: 150
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....both oral and documentary, to that effect is lacking, that S. A. record in the name of Alfajuddin and Rafatullah was prepared wrongly since tenancy of Jairuddin was not surrendered at any point of time in favour of Kuran Modnal. Finally the High Court Division held that question of surrender by ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e house of Abdul Gafur Talukder on 22 Choitra, 1360 B.S. at 10.11 AM while he granted those dakhilas but the contents of the certified copies of the kabuliyats show that they at the same dated and time were present at Calsonirhat Sub-Registry Office for registration of the kabuliyat and the dist......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....of cultivation and hence in the absence of any local verification to show that the nature of the suit land changed subsequently it must be presumed that the suit land remained as it was at the time of kabuliyat i.e. cultivable land and; S.A. record was created from earlier records based......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....ation of his title therein and also for a decree for permanent injunction on the averments that the plaintiff by taking settlement from the landlord was in possession of the suit land for long time by developing it, planting trees, excavating a pond and also raising a hut and subsequently, f...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..Category: Civil Law | Date: | Hits: 83
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
.... the plaintiffs that their predecessor got 12 gandas of land by gift and 5 gandas of land by inheritance and thus inherited 17 gandas of land i.e. 34 decimals of land, that as Jebal Hossain at the time of preparation of R.S. record was in Burma his step brothers got the R.S. record prepared in t......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....to ensure the proper management of the Banks and by those circulars the Bangladesh Bank has given the guide-lines only and there is no contradictions as alleged; the High Court Division in the meantime having disposed of some writ petitions by judgments dated 20.1.04 declaring the above section ......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....d of punishment. 6. The defendant No. 1 i.e. WASA went on appeal. The appellate Court allowed the appeal with the findings that the charge-sheet was served on the plaintiff quite within time and regular proceeding was initiated and there was an inquiry, that charge-sheet was submitte......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ..Category: Employment/Service Law | Date: | Hits: 64