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State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... 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. ......upon observing as follows: “Seeing the provisions of Section 5-A of the Criminal Law Amendment Act, 1958 read with section 167(5) of the Code of Criminal procedure we are of the view that the aforesaid Criminal Proceeding lost its legal force inasmuch as the investigation age..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. ......lastly submits that the alleged sole eyewitness Anwar Hossain (Pw.3) was examined long after 2 months of the occurrence and as such his evidence ought to have been left out of consideration and in view of the facts and circumstances of the case, he submits that there is good ground for critical ..Category: Criminal Law | Date: | Hits: 43
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....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. ......ant paid rents for the months from September, 1993 to January, 1995 but did not give any receipt for the said amount and the Bazar Committee could not settle the dispute between the parties and in view of the decision of the Bazar Committee the defendants remitted rent for the month of February,..Category: Property Law | Date: | Hits: 35
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....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. ...... divorced the plaintiff on 17.03.1983 and that the marital tie between the plaintiff and late Alhaj Faruque Hossain was in existence till the death of late Alhaj Faruque Hossain. 7. In view of the materials on record Mr. Nawab Ali, the learned Advocate -on-Record found difficult to a..Category: Family Law | Date: | Hits: 150
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....dant No.1 are not living in the homestead of 'Ka' schedule property and there is no scope by the High Court Division to decide afresh the claim of the parties suo moto; that the High Court Division erroneously passed a new decree by passing the consensus opinion of the parties which is barred by ......erta Tara to reside in the suit plot measuring an area of 2 kathas land and since the plaintiff and defendant No. 1 being the heirs of Somerta Tara are entitled to get the said 2 kathas of land. In view of the above neither the plaintiff nor the defendant No.1 could prove any right, title a..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....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. ......ereupon held that neither Jairuddin nor his heirs were the owners of the suit land "but Faizuddin and Rafatullah were the actual owner" of the land in suit. The appellate Court was of the view that the learned Munsif decreed the suit without taking into consideration those 2 documents ..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....also no evidence to prove that Abdul Gafur Talukder ever accepted the kabuliyats executed by the defendants but the appellate Court, without reversing the material findings of the trial court erroneously allowed the appeal holding that he defendants acquired title and possession in the land......nclusion arrived at by the appellate Court being based on the evidence on record, the appellate Court did not commit any error of law which calls for interference. 7. We are of the view that the High Court Division on proper consideration of the evidence and materials on record ..Category: Property Law | Date: | Hits: 28
Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)
.... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ......Rule on merit. 4. We have heard the learned Advocate-on-record and perused the materials in the petition for leave to appeal. On perusal of the order sought to be appeal we are of the view that the High Court Division has not committed any error in rejecting the prayer for re-hearin..Category: Civil Law | Date: | Hits: 102
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. ......moreover it is apparent from the records that upon inquiry, the Magistrate found the suit land to be used for purposes of cultivation and is in possession of the plaintiffs. 6. We are of the view that High Court Division after due consideration of the evidence and materials on record and ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... averments of the plaint are consistent to the statements made in the above Sale Deed No.5666 except the spelling of the name of the executant of the above Sale Deed No.5666 and thus arrived at an erroneous finding; the trial court could have found the name "Zager Hossain" son of Nuruz...... 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
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....nt of the High Court Division is liable to be set aside. 6. Learned Advocate-on-Record next contended that the trial Court upon misreading and misconstruing the evidence on record erroneously held that the plaintiff proved his title and possession and in such view of the matter,......ate-on-Record next contended that the trial Court upon misreading and misconstruing the evidence on record erroneously 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 ..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....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. ......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)
....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. ......l Meeting of the company. 3. As it appears before the High Court Division the learned Advocate appearing for the shareholder/petitioner, the respondent No.1 herein, contended that in of view of the existence of the above section 15(Ka Ka) and BRPD Circular Nos. 8 and 12, the 20th Annu..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. ......that there was logic in distinguishing the case of the plaintiffs reinstatement from that of the case of the 4 other reinstated employees. 10. In the afore state of the matter we are of the view High Court Division has committed no error in making the Rule absolute and as such no int..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. ......aidyanath for a declaration that Srish Bhattacharjee is benamder and the suit having been decreed on compromise on the basis of solenama filed by Dhiren and Biren, sons of Srish Bhattacharjee, in our view, no transfer document is necessary in favour of Baidyanath by Dhiren and Biren. 12. The ..Category: Property Law | Date: | Hits: 34
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....d the Respondent as stated hereinabove. The Respondent went on appeal before the Court of Sessions and the learned Sessions Judge allowed the appeal on the finding that the learned Magistrate on an erroneous view of the evidence on record convicted and sentenced the Respondent. As against the jud......ondent as stated hereinabove. The Respondent went on appeal before the Court of Sessions and the learned Sessions Judge allowed the appeal on the finding that the learned Magistrate on an erroneous view of the evidence on record convicted and sentenced the Respondent. As against the judgment of ..Category: Criminal Law | Date: | Hits: 36
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. ...... 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. ..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. ......ded for disposal of a suit on contest and not to deprive the parties of a decision on technicalities where right to sue survives even after the death of one of the parties in the suit. 6. In view of the above, if the Court has considered that the parties were prevented by sufficient cause ..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. ...... the same denying all the allegations. The respondent No. 2 finally disposed of the case by imposing penalty of compulsory retirement from service upon the petitioner. The petitioner submitted a review petition to the Hon'ble President and the punishment was modified by imposing lesser punishmen..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. ......ars that application for certified copy of the order of the Artha Rin Adalat was filed on 17.02.2005, the very date of passing the order by the Artha Rin Adalat without wastage of a single day and in view of transfer of the case from one court to another on 28.02.2005 the respondent filed another ap..Category: Civil Law | Date: | Hits: 132
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