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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. ......ration the delay in lodging F.I.R. as argued by the learned 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 statem..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......ein of the charge leveled against him. 12. We have heard the learned Deputy Attorney General and perused the materials on record. 13. On consideration of the materials on record we are of the view that the High Court Division was quite correct in entertaining doubt about the prosecution case..Category: Criminal Law | Date: | Hits: 73
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ...... No.4 and before enlisting the said plot in the 'Kha' list of the abandoned property. 5. The High Court Division in its judgment referring to the decision reported in 48 DLR (AD) 1 took the view that the duty is upon the person, who claims that the property is not abandoned, to show that ..Category: Property Law | Date: | Hits: 41
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. ......ide the order dated 23.11.1997 of the Additional Divisional Commissioner, Barisal. Being aggrieved by the said order the petitioner (present respondent No.1) filed an application on 07.05.2003 to review his said order dated 05.04.2003 under Section 6 of the Land Appeal Board Act, 1989. The Chair..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.......ly tenant stood forfeited. He is therefore obliged to vacate the premises in favour of Habibullah. On his own admission Habibullah had got better right than him to get back possession. 15. In such view of matter, direction for handing over possession by Abdur Rab cannot be taken any exception. Th..Category: Tenancy Law | Date: | Hits: 180
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ..Category: Criminal Law | Date: | Hits: 47
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. ......ate-on-Record that the suit having been he filed against the dead person the same was a nullity since there are other defendants against whom the suit can very much be proceeded. We are also of the view that there was no reason for the petitioner to take exception to the order of the trial Court..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. ...... 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 when offered to him..Category: Property Law | Date: | Hits: 32
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ......that the averments of the defendant in the written statement and also the depositions of both P.Ws. and D.Ws. show that the defendant purchased suit land from some heirs of the C.S. tenants but in view of absence of their specific possession of the suit land and clear admission of the defendant ..Category: Property Law | Date: | Hits: 23
Nazrul Islam Vs. State, 2007, 36 CLC (AD)
....ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ......time of hearing under section 241A of the Code of Criminal Procedure and if his submissions are found correct, he may get relief. 8. In the facts and circumstances of the case, we are of the view, that the High Court Division rightly discharged the Rule, as there is no ground for quashing ..Category: Criminal Law | Date: | Hits: 29
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. ......ut issuing a Rule of enhancement. 11. Admittedly no Ride in the nature of enhancement of sentence was ever issued, instead enhanced the sentence contrary the law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. ..Category: Criminal Law | Date: | Hits: 42
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......; measures for acquiring land measuring 214.34 acres in Mouza Ganakbari and Baipal contiguous to Export Processing Zone under Savar Thana, Dhaka in view of extending the area of Export Processing Zone (EPZ) by placing proposal to ..Category: Property Law | Date: | Hits: 31
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......ple laid down therein are applicable in the present case and accordingly the petitioners ought to have filed a suit for declaration of title and partition of the suit land. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Property Law | Date: | Hits: 33
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ppellant petitioner till final publication of Compensation Assessment Roll in respect of the 4 annas share of the said Jalmohal which is a Waqf Estate and thereby the High Court Division came to an erroneous decision, as such caused failure of justice; that the High Court Division without conside......to the activities of the Government in leasing out the suit fishery afresh to 3rd party by putting it into auction. The plaintiff's remedy lies elsewhere but not by way of injunction. 10. In view of the above, we find no substance in the submissions of the learned advocate for the petition..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. ......o appeal can be entertained after 6 months of the impugned order under Section 6(2A) of the Administrative Tribunal Act, 1980 and no application for condonation of delay is applicable. 6. In view of the above, we find no substance in the submissions of the learned advocate for the petition..Category: Administrative Law | Date: | Hits: 120
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ...... in the impugned proceeding and moreover no charge has yet been framed in the instant case and the trial court may consider this matter at the time of framing of the charge. 4. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a ..Category: Criminal Law | Date: | Hits: 43
Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ......ed the order to the effect that the School Authority shall give subsistence allowance to the Respondent during period of suspension as per Rules of the Education Board. 6. In our view, the Respondent during the period of suspension is entitled to have subsistence allowance unde..Category: Employment/Service Law | Date: | Hits: 83
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
....s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ......oldings namely, the MRR Khatian No.869 and 870 were created and as such the pre-emptor 7. The learned Advocate-on-Record for the petitioner rather conceded to this position. 8. In our view, the High Court Division, here/ore, was right in making the Rule absolute. Accordingly,..Category: Property Law | Date: | Hits: 29
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....pplicable in the instant case. 3. The learned counsel for the petitioner submits that the High Court Division, on misreading and misconstruing section 6 of the Land Reforms Ordinance, 1984, erroneously held that the suit land having been preempted the petitioners are no longer the owner o......ircumstances) (Restoration) Ordinance, 1976 for restoration of a homestead invoking section 6 of the Land Reforms Ordinance,1984 and likewise in 51 DLR (1999) 470, the High Court Division in view of the provisions of the said section 6 also refused to interfere with the order of eviction o..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......ation, it requires to be quashed. The question as to impersonification of the deed, which is claimed to be, forged one are all disputed question of fact, which at this stage can not be decided. In view of such facts and circumstances of the case, we are of the opinion that there are no substance..Category: Criminal Law | Date: | Hits: 39
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