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Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. 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) 684. ...... by the evidence on record succeeded in proving his title and possession in the suit land and the courts below did not commit any illegality in appreciating the evidence on record and that the question of identification of the suit land having not been raised in the courts below merited......e materials on record. 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) 684. ..Category: Property Law | Date: | Hits: 29
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......atin J.- This petition for leave to appeal is directed against the judgment dated 10.09.2007 passed by the High Court Division in Civil Revision No. 2756 of 1995 discharging the Rule. 2. The facts, in short, are that the respondents as plaintiff’s instituted title Suit No.141 of 198..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......Judge, Faridpur in Title Appeal No.95 of 1997 dismissing the appeal affirming those dated 29.05.1997 passed by the Senior Assistant Judge, Sadar, Faridpur in Title Suit No.03 of 1993. 2. The facts of the case, in short, are that one Abbas Sheikh was the original owner of the suit land aft..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ...... 8. The trial Court decreed the suit directing the defendant-petitioners to vacate the suit premises within 30 days finding the defendant-petitioner as defaulters on due consideration of facts and evidence of the case both oral and documentary and holding that the plaintiff has been ab..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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) 661, 63 DLR (AD) (2011) 122.......he Ministry of L.A. and L.R asked the A.D.C. (Rev) Dhaka to look into the matter whereupon a local inquiry was conducted by a kanango who eventually submitted his report with the finding that land in question belongs to Rustom Ali and so for establishment of the proposed market, the suit land is to ......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) 661, 63 DLR (AD) (2011) 122...Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......07.2007 of the leave petitioner, quoted at page 41 of the leave petition, it appears that the leave petitioner has been trying to delay the matter. 3. The High Court Division considering the facts and circumstances of the case observed as under:- "On critical analysis of the l..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......48 of 1996 and the C.P. Nos. 73 and 74 of 2002 have been filed against the common judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ pe...... 8. The High Court Division disposed of the writ petitions with the following observations and the directions: "We have heard learned lawyers of both the sides and considering the facts and circumstances of the case what we find is that the petitioners are not challenging the A..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......ing the order of arrest of the vessels 'MV Dali' and 'MV Lady Fatima' dated 10-7-2007 passed by the High Court Division and for release of the vessels 'MV Dali' and 'MV Lady Fatima'. 2. The facts of the case, in short, are that the petitioner as the plaintiff filed an application fo..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......held without complying with the requirements of section 339B of the Code of Criminal Procedure. 18. It appears that the High Court Division did not give any finding on this point and since it is a question of fact about the sufficiency or otherwise of circulation of the newspaper this cannot be r......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ...... 6. It appears from the record that the original shipping document in respect of any consignment of goods exported, the bills of lading are indeed, the title deeds to the consignment in question; that the defendant No.1, carrier of the consignment had delivered the consigned goods to ...... 1998 dismissing the appeal by upholding the judgment and decree dated 31-8-1997 passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 3 of 1992 decreeing the suit. 2. The facts alleged in the case, in short, are that the plaintiff as an exporter of frozen fish entered ..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......prisonment for life under sections 302/34 of the Penal Code and to pay a fine of Tk. 10,000/- (ten thousand) each and in default to suffer rigorous imprisonment for 1 (one) year more. 2. The facts, in short, are that on 26.03.1988 at 7.30/8 P.M. informant Abu Taher, his elder brother dece..Category: Criminal Law | Date: | Hits: 50
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 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: 14 MLR (AD) (2009) 312. ......Division and other connected papers on record. 4. The learned Additional Attorney General submits that as the Department of Environment did not give clearance certificate, the lease deed in question could not be executed in favour of the writ petitioner. 5. The High Court Division......on for leave to appeal is directed against the judgment and order dated 3rd July, 2008 passed by the High Court Division in Writ Petition No. 1242 of 2007 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the writ petitioner is the Managing Direct..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......nance. 5. Being aggrieved the assessee-petitioner moved the High Court Division with the aforementioned reference applications. The High Court Division upon hearing the parties answered the questions raised in the applications, which are:- (a) Whether in the facts and circ......ion with the aforementioned reference applications. The High Court Division upon hearing the parties answered the questions raised in the applications, which are:- (a) Whether in the facts and circumstances of the case, the learned Taxes Appellate Tribunal was justified in dismi..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ...... before incorporation of the proposed Memorandum and Articles of Association a company does not come into existence, as such sections 19 and 20 of the Companies Act, 1994 had no application in the facts and circumstances of the present case and so the trial Court rightly convicted the peti&..Category: Criminal Law | Date: | Hits: 44
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......r leave to appeal is directed against the judgment and order dated 13th September, 2007 passed by the High Court Division in Criminal Revision No. 514 of 2004 discharging the Rule. 2. Short facts as placed before the High Court Division are that 6.37 acres of land recorded in S.A. Plot N..Category: Criminal Law | Date: | Hits: 57
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......05. The allegation are that accused No.1, Shahana Khandaker Rumki, daughter-in-law of the informant and wife of his son, Iqbal Yousuf Shovan, marriage was solemnized on 19.11.1999, led the life of questionable limit but the informant did not make any allegation to any one on considering the fami......or Leave to Appeal is directed against judgment and order dated 28.05.2007 passed by the High Court Division in Criminal Miscellaneous Case No. 18133 of 2006 making the Rule absolute. 2. The facts of the case, in short, are that the informant, Abu Ahmed Siddique, Chairman, Shovan Group of..Category: Criminal Law | Date: | Hits: 57
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......ommitted and error of law in dismissing the Criminal Appeal with the finding that as "the appellant did not face the trial and such can not now challenge the finding of the trial court on facts" on considering this contention this Division allowed the review petition for hearing b..Category: Criminal Law | Date: | Hits: 43
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......ncerning anti mortum injuries of strangulation to the neck of deceased. Learned Advocate submits that High Court Division did not take into consideration the answer of the accused while he was questioned whether he was tutored to make the confession by anybody, the accused answered in ......aterials available on record. 9. We have perused the impugned judgment and order of the High Court Division carefully and anxiously. The learned Judges discussed and considered the facts, circumstances, evidence of witnesses and materials on record and found that in the instant ..Category: Criminal Law | Date: | Hits: 96
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......ming the order dated 10.04.2006 passed by the Assistant Judge, 6th Court Dhaka in Title Execution Case No.4 of 2004 rejected the Application for appointment of advocate Commissioner. 2. The facts of the case, in short, are that the plaintiff instituted the Title Suit No. 253 of 1998 in t..Category: Property Law | Date: | Hits: 33
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....nd 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) 604. ......nd 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) 604. ......nate Judge, Barisal in Title Appeal No. 93 of 1998 setting aside those dated 26.02.1998 passed by the Assistant Judge, Muladi, Barisal in Title Suit No. 97 of 1985 decreeing the suit. 2. The facts of the case, in short, are that the plaintiffs filed Title Suit No. 97 of 1985 in the Court ..Category: Property Law | Date: | Hits: 24