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Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......ls of land of R.S. Plot No. 712 of schedule 'Kha' to be declared. 5. In the appeal leave was granted to consider whether the learned Judge of the High Court Division committed error of law in making a third case allowing two kathas of land to plaintiff and it was not denied by the de..Category: Property Law | Date: | Hits: 30
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....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. ......fendants could not give satisfactory explanation to the points raised by the plaintiffs but that would not improve the case of the plaintiffs because it is the cardinal principle of law that the plaintiff is to prove his own case and he must not rely on the weakness or defects of ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....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. ......as allowed and the suit was dismissed. On revision the High Court Division made the Rule absolute. 4. The learned counsel for the petitioners submitted that the High Court Division erred in law In setting aside the findings of the appellate court without properly discussing and controver..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....;Jager Hossain" whereas the name of the plaintiff, as it appears from the plaint, is "Zakir Hossain" and the defendants did not take any step to correct the name of the plaintiff by amending the plaint and as such the vendor of the Sale Deed No. 5666 dated 13.12.56 and the plainti......efendants proved their right, title and interests in the suit land together with their possession and the plaintiff failed to prove the settlement in his name alone and so the trial court erred in law in not enquiring as to how the defendants come into possession of the suit land; the trial cour..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......rroneously held that the plaintiff proved his title and possession and in such view of the matter, the findings and decisions of the High Court Division being erroneous can not be sustained in law. We have heard the learned Advocate-on-Record and considered his submission. On perusal of the ..Category: Property Law | Date: | Hits: 23
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....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. ......e delay contending, inter alia, that he is a share-holder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23.03.2002; as per provision of law and its Articles of Association the company convened it's 20th Annual General Meeting on 28.4.2..Category: Business or Commercial Law | Date: | Hits: 78
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....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. ......Court also held that there was no violation of the provision of service rules of the WASA, that the judgment and decree of the trial Court is not based on evidence and the same is contrary to law. 7. It is seen from the judgment of the High Court Division that out of the 5 delinquent..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......is sons, Dhirendra and Birendra. They again claimed that they took settlement of the suit property by unregistered Amaldari from Dhirendra and Birendra on 17.05.1950. It is the settled principle of law that settlement of Non-Agricultural land within Municipality cannot be affected by unregistere..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......bsp; such report under the signature of the Respondent no.5 now pending in the Court of the Chief Metropolitan Magistrate, Dhaka shall not be declared to have been done without any lawful authority and of no legal effect and that section 21(1) of the Securities and Exchange Ordin..Category: Criminal Law | Date: | Hits: 36
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
.... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ......rtain cases the filing of an application for condonation of delay may be waived as a mere formality for securing ends of justice, the order allowing prayer for substitution is quite sustainable in law. 7. In the premises above, even in the absence of the application under section 5 of the..Category: Procedural Law | Date: | Hits: 75
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ...... for the petitioner mainly argued that the provisions of Rule 52 of the Bangladesh Service Rules have not been complied with in the case of the petitioner and hence the impugned judgment is bad in law. In this connection he placed before us photocopy of the judgment passed by this Division in Ci..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......nter alia, that the High Court Division committed error in admitting the appeal when the respondents did not deposit 50% of the decretal amount within the period of limitation as prescribed under the law and the deposit so made after the statutory period is not deposit in the eye of law. 4. Ther..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ......arned Advocate for the appellants and held that in the facts of the present case, the delay was sufficiently explained. 9. We are of the view that the trial court committed serious error of law while considering the confessional statements of two accused persons terming them as exculpator..Category: Criminal Law | Date: | Hits: 61
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ossession of the respondent No. 6 in the case land since 1949 directed the A.D.C. (Revenue), Barisal to consider the settlement petition of the respondent No. 6 in accordance with the provisions of law and rules. 5. After complying with the necessary formalities the Additional Deputy Commi..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......rection for handing over possession by Abdur Rab cannot be taken any exception. The impugned judgment and decree declaring the title of Rabiul Awal in the suit property however cannot be sustained in law which no doubt occasioned failure of justice and accordingly Civil Revision No.1931 of 2000 is m..Category: Tenancy Law | Date: | Hits: 180
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......ticulars of the heirs of the deceased defendant No. 3. 5. It was contended before the High Court Division that the suit having been filed against the dead person, is a nullity in the eye of law and consequent thereupon as no suit lies against the defendant No. 3 the direction given by the..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......ter the pre-emptor declined to purchase the same is not tenable being incorrect. The learned Advocate further submits that the lower appellate court and the High Court Division in revision erred in law in taking the view that the conduct of the pre-emptor in declining to purchase the case land wh..Category: Property Law | Date: | Hits: 32
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ...... 406/420 of the Penal Code. The case was ultimately ripe for trial. The trying Magistrate framed charge against the accused under Section 406/420 of the Penal Code and held trial in accordance with law. 3. The prosecution examined 5 witnesses before the trial Court. The trial Court on cons..Category: Criminal Law | Date: | Hits: 42
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ...... the appellant-petitioner by the respondent No.2 dated 28.05.1973 but the said lease was illegally cancelled by the respondent No.3 dated 05.07.1995, as such the said cancellation is without lawful authority, therefore, the judgment and order is liable to be set aside; that the High Court..Category: Property Law | Date: | Hits: 50
Bangladesh Vs. Md. Waziullah, 2008, 37 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: 13 MLR (AD) 2008, 161. ......ied copy of the judgment and order on 18.02.2007.Upon such miscalculation and non application of judicial mind the highest tribunal in the Administrative Sector committed error of law in rejecting the Memorandum of Appeal as barred by limitation which is liable to be set aside; ..Category: Administrative Law | Date: | Hits: 120
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