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Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......the ground of limitation and also on the ground that the defendant-Petitioners failed to prove that non service of summons of the original partition suit as alleged by them. 7. It is on record in the process server Afzal Hossain who was examined in the miscellaneous case, in his evid......dure to set aside the ex-parte decree. On the ground that summons of the original suit was not served upon the defendant and the plaintiff managed a false report of the process server in respect of service of summons and by practicing fraud upon the Court obtained the ex-parte decree in question ..Category: Property Law | Date: | Hits: 24
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
.... the materials on record. 10. It appears that the plaintiffs explained the circumstances preventing them from making payment of the balance amount of salami stating, inter-alia, that they in good faith paid the amount to the tashilder who did not pay the same in the treasury and that comin......nue) rightly cancelled the same. But the High Court Division illegally set aside the judgment of the lower appellate court. 9. We have considered the submissions and perused the materials on record. 10. It appears that the plaintiffs explained the circumstances preventing them from ......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ..Category: Property Law | Date: | Hits: 25
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......dent No.11 involves disputed question of fact which cannot be determined in the writ petition. 7. Mr. Khan on the other hand submits that an area of 1 acre of land of Plot No. 152 was duly recorded in the name or respondent No.11 Abzan Bibi. Copy of the relevant Khatian has bee......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......titioner. 7. In the facts and circumstances of the case and in view of the discussions made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the impugned jud......correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ..Category: Property Law | Date: | Hits: 26
M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)
....or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ......any of such grounds to uphold his Review petition. …………..The appellant petitioner failed to bring any important matter or to show any error apparent on the face of the record. 2. A review is permissible only when it is seen that there was an error appar......or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ..Category: Alternative Dispute Resolution | Date: | Hits: 193
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....actory of the plaintiff on the plea of inspection but ultimately they did not return the same and as a result the plaintiff could not take proper care for maintenance to the raw materials, finished goods and the machineries which led to the damage of those; the plaintiff also deposited fixed dep......oved the High Court Division and obtained Rule and after hearing the High Court Division discharged the Rule. 3. The learned counsel for the defendant-appellant submitted that from the records maintained it would not be difficult for the plaintiff to prove as to what was the price of......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....tion non-relevant matters like absence of lisence, pilot, and age of Master of the plaintiff No.2, (vessel) ignoring the report of the Department of Shipping to the effect that the Master had good eyesight in spite of his age, that the High Court Division failed to notice that the facts spe......ved at Bakhtabali Ghat at 5.30 A.M. and then accident took place. In cross-examination the witness has stated that age of the Master of the vessel was about 60 years. In fact from the materials on record it is seen the Master of the vessel was of age more than 75 years. 5. The defendant i......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......wenty-four (24) witnesses. The plea adopted by condemned petitioner was that of innocence and false implication. The learned Sessions Judge on assessment of the evidence and materials on record having found that the condemned petitioner along with accused Rokeya Begum on 16.6.2000 at a......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Criminal Law | Date: | Hits: 51
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. ......o the satisfaction of such Court: Provided that if an accused is not released on bail under this sub-section, the Magistrate or, as the case may be, the Court of Session shall record the reasons for it: Provided further that in cases in which sanction of appropria...... 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. ..Category: Criminal Law | Date: | Hits: 48
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....xamined 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 examination of the materials on record and as such prayed for leave t......formant also filed G.D. entry on 13-11-2000 with the said Police Station bringing allegations against Paritosh. The said petition of complaint having been referred to Teknaf Police Station was recorded as Teknaf Police Station Case No.20 dated 25-12-2000 under Sections 302/34 of the Penal Co......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. ..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. ...... said rent deposit case but the trial Court without considering the exhibit and oral evidence illegally decreed the suit by misreading and non-consideration of the oral and documentary evidence on record and that the High Court Division, without considering the same passed-the impugned judgment ......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. ..Category: Property Law | Date: | Hits: 35
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....Hossain died. The present plaintiff was brought from India by her relation Kazi Abdus Sami and she was married with late Alhaj Faruque Hossain on 26.07.1982 and she secretly smuggled the household goods of late Alhaj Farque Hossain and as a result Alhaj Faruque Hossain divorced her on 27.03.1983......ossain divorced her on 27.03.1983 by a registered Talaknama and married defendant No. 1 on 16.04.1983 by a registered Kabinnama. 4. The trial Court on consideration of the materials on record decreed the suit. On appeal in Title Appeal No.215 of 1990, the appellate court affirmed th......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. ..Category: Family Law | Date: | Hits: 150
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. ......ame amicably but the defendant Nos.2-5 denied the plaintiff-appellant's title; that in certified copy of Khatians the plaintiff-appellant came to know that some of the disputed land have been recorded in the name of the defendant-respondents. 3. The defendant-respondent No.4 cont......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. ..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. ......hellip;……………..Respondents Judgment March 23, 2006. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Appellants. Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahma......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. ..Category: Property Law | Date: | Hits: 28
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. ......olonged illness of the plaintiff no. 1, who was the tadbirker on behalf of the all plaintiffs, the defendants in collusion with the staffs of the Settlement Office, in the R.S. Record, fraudulently recorded 3.22 acres in the name of the defendants 1-5 and 3.23 acres in the name of defendants 6-8 ......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. ..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. ......;……… Petitioners Vs. Tawfiq Hasan and another .........Respondens Judgment May 23, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-record-For the Petitioners. Not represented-Respondents. Civil Petition for Leave to Ap...... 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. ..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. ......Abdul Aziz, the father of the plaintiffs, then took pat-tan of the suit land by registered kabaliat in the year 1943 and went into possession of the same on payment of rent to the landlord and S.A. record was duly prepared in the name of Abdul Aziz; subsequently on 13.10.82 the land was......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. ..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... 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. ...... when the plaintiff went to the local Tahshil Office to pay the rent, the Tahshidler received rent for only 49 1/2 decimals of land stating the only 49 1/2 decimals of land stands recorded in his name; the plaintiff then came to know that the defendant No.1 has managed to procu...... 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)
....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. ......nstructing a house thereon. Subsequently, the plaintiff sold .04 decimals of land out of his aforesaid purchased land to proforma-defendant No. 9 The plaintiff mutated his name and it was duly recorded in the R.O.R. Khatian vide order dated 22-10-1976 passed in Miscellaneous Case No. 1453 (i......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. ..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. ......predecessor got 12 gandas of land by gift and 5 gandas of land by inheritance and thus inherited 17 gandas of land i.e. 34 decimals of land, that as Jebal Hossain at the time of preparation of R.S. record was in Burma his step brothers got the R.S. record prepared in their names showing share to ......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
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