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Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......tion of complaint which was treated as First Information Report stating, inter alia, that the occurrence took place on 18.11.1999. Accused No.1 was the husband, accused No.2 was the father-in-law, accused No.3 was mother-in-law, of the informant, accused No. 4 is the eldest brother, accused..Category: Criminal Law | Date: | Hits: 45
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......n Report with the Kotwali Police Station alleging, inter alia, that the accused Nirma Lendu Ghose Dhiraz Ghose and with accused Md. Badruddoza, V.P. Super and Md. Asraf Hossain, Advocate V.P. lawyer filed Other Class Suit No. 213 of 1981 for specific performance of contract and obtaine..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......s quit." 8. We have considered the materials on record. It appears that extra-judicial confession of the respondent was not corroborated by any independent witness. The position of law is that extra-judicial confession to be relied upon requires independent corroboration. Bu..Category: Criminal Law | Date: | Hits: 45
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......im is distantly related with accused Chan Miah whereas accused Chan Miah and Basir Miah are closely related. On 12.10.2001 accused Chan Miah asked the Sohel (since deceased) to go to his father-in-law's house at Akhaura in the district of Brahmanbaria where he will be paid some amount due to him..Category: Criminal Law | Date: | Hits: 41
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......rt Committee of Bangladesh Road Transport Authority carrying passengers on the public Highway from Kishoreganj District Head Quarter to different destinations of the District from 10.10.1994 having lawful route permit; that the defendants started running two other transport services namely "Ma..
Category: Civil Law | Date: | Hits: 118
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......angladesh Water Development Board, he was no more an employee of the Bangladesh Water Development Board at the time of retirement and voluntarily opted for the service under RRI under its existing law. Though the subsequently absorbed post does not have any service rule providing for pension, th..Category: Employment/Service Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, 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: VI ADC (2009) 323.......008 passed by the High Court Division in Writ Petition No. 10313 of 2007 making the Rule absolute with cost in declaring the initiation and continuation of the proceedings and also conviction without lawful authority of Paltan P.S Case No. 36 (11) 07 corresponding to G.R No. 803 of 2007 arising out ..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ...... the trial Court in its judgment erroneously found that the rent receipts submitted by the defendants are not genuine and are not relating to the suit khatian; that the High Court Division erred in law in giving importance to the judgment of the Revenue Officer which has resulted a failure ..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......rs are the owner of the said piece of land as such RAJUK has served the notice to the owner of the said property namely Muktijoddha Punarbashon Bohumukhi Samabaya Samity Limited in accordance with law. 14. The respondent Nos.1 and 2 are not acting as an instrument of the respondent..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......d by the pre-emptees, the pre-emptor threatened the pre-emptees giving out that he would file a case for pre-emption which is illegal and the Judge of the High Court Division has committed error of law in discharging the Rule. 7. The case of the petitioner is that there was a shalish and ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......ich has been enlisted as an abandoned property in the "Ka" list is a bar for inclusion of such property as an abandoned property and whether the High Court Division misdirected itself in law in deciding the writ petition in not considering the question that the onus to prove that the p..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......ove the alleged marriage and subsequent events and as to whether the grounds assigned by the High Court Division for interfering with the concurrent decision of the courts below are tenable either in law or on fact. 7. Syed Mohammad Hossain, learned Advocate for the appellant with leave of the co..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......1 wrongly directed her to appear in person before the court. 4. Leave was granted to consider whether in the facts and circumstances of the case the High Court Division committed an error of law in granting full relief to the defendant respondent without issuing any Rule upon the plaintif..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......e ground of limitation as well as on merit upon assigning cogent reasons on facts, but the learned Judge of the High Court Division in exercise of his revisional authority has committed an error of law in setting aside the impugned judgment and order without reversing the findings arrived at by ..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ...... taking steps as per Accommodation Rules of the University and therefore removal from service for such unauthorized occupation treating the same as "misconduct" was unwarranted by law; (ii) whether there has been misconstruction of Statute 45(4) of the First statutes ..Category: Employment/Service Law | Date: | Hits: 69
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......re of land. 6. The defendant Nos. 1 and 2 went on appeal. The appellate Court on detailed discussion of the evidence upon arriving at the finding that the trial Court did not commit any error of law and facts in decreeing the suit in preliminary form and declaring title of the plaintiffs to t..Category: Property Law | Date: | Hits: 45
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297....... view of the provision of Section 16 of the Land Acquisition Act, 1894, the suit land having not been absolutely vested in the Government for not taking physical possession therein in accordance with law, the lower appellate court acted illegally in dismissing the suit. 7. Leave was granted to ..Category: Tenancy Law | Date: | Hits: 124
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......t Mustafa Kamal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and till realization of the decretal amount. ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......on of the evidence on record and that Gopalgonj Pourshava having been created long after making of settlement of the suit land with the plaintiff the learned Judge of the High Court Division erred in law in holding that on the basis of the entry in the S.A. record as to the nature of the suit prop..Category: Tenancy Law | Date: | Hits: 163
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
....umbling block in the matter of passing any decree for declaration of title and partition. 6. The learned Subordinate Judge by his judgment and order dated 24.10.91 allowed the prayer in part amending of the plaint for adding the prayer as the declaration of title but rejecting the rest on...... sought to be incorporated by way of amendment is of the Senior Assistant Judge having pecuniary jurisdiction. But instant case being having the higher pecuniary jurisdiction is also entitled under law to decide the suit involving a decree in a suit with less pecuniary value. The authority to deci..Category: Procedural Law | Date: | Hits: 38
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