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Delwar Hossain Vs. State, 2007, 36 CLC (AD)
....l statement. It appears that the recording Magistrate has been examined in the trial Court and the defence failed to discredit him in any way either by way of not compliance with the relevant provision of law or to show that the confessional statement so recorded by the recording Magistrate......It appears that the recording Magistrate has been examined in the trial Court and the defence failed to discredit him in any way either by way of not compliance with the relevant provision of law or to show that the confessional statement so recorded by the recording Magistrate is the produ..Category: Criminal Law | Date: | Hits: 43
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....ion was not in error in dismissing the suit. The learned Counsel for the petitioner although argued that on the registration of the document on March 4, 1984 title of the plaintiffs in view of the provision of section 47 of the Registration Act become perfect on and from the date of the document......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ..Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....eath the petitioners are possessing the suit land; because of their long possession for over 37 years since 1358 B.S. the petitioners acquired possessory title in the suit land; in view of the provisions of section 110 of the Evidence Act the possession of the petitioners are referable ......dvocate of the petitioners do not support the contention of the petitioners that a decree may be passed even if the plaintiff is found not in possession of the entire suit land and the settled law is that in a suit for declaration of title and confirmation of possession if the plaintiff fai..Category: Property Law | Date: | Hits: 30
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
....a Chandra Ghosh paid back the loan amount to Nagesh Chandra Ghosh and he executed a deed of re-conveyance on July 14, 1964 but the deed of re-conveyance could not be registered because of the provision of Ordinance No. 1 of 1964, that on execution of the deed of re-conveyance possession of ...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ..Category: Property Law | Date: | Hits: 25
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ......either had title nor possession in the land in suit. 4. Leave was granted to consider the following ground: "Because the learned Single Judge of the High Court Division erred in law in reversing the concurrent findings of the learned trial Court as well as the appellate C..Category: Property Law | Date: | Hits: 24
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
.... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ...... Ali, learned Advocate-on-Record in support of the etition has taken us through the impugned judgment and order and submits, inter alia, that the High Court Division committed error of law in not holding that the plaintiff petitioner's mother transferred the suit property by the exec..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....e name of Brick Buring (Control) Amendment Act, 2001. After amendment of Section 4 of the Brick Buring (Control) Act, 1989 a new Sub-Section 5 was introduced as under: (Text in Bangla) 4. Some new provisions about inspection has been introduced is Section 6 which are as follows: (Text in Bangla) ......ed 11-04-2001 (Annexure-C) and impugned order dated 06-07-2003 (Annexure-E) passed by the respondent No. 6 to cancel the licence of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts as stated in the writ petition are that ..Category: Environmental Law | Date: | Hits: 517
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....u Barman was the tenant of C.S. Khatian No. 116 and Sarbananda and Motinath were the korfa tenants of C.S. Khatian No. 117 which is the undertenure Khatian of C.S Khatian No. 116; according to the provisions of section 48(C) of the Bengal Tenancy Act 1885 if the land of tenant is auction sold, t...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..Category: Property Law | Date: | Hits: 67
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
....ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ......and also could not prove his claim so far the same relates to the land owned by Hemlota. 12. In that state of the matter we are of the view that the High Court Division committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. ..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....e duty of defendant No. 5 to supply Amonia gas including air blower and the defendant failed to perform their contract entered into between the parties. The High Court Division considered the provision of Section 53 of the Contract Act providing reciprocal promises that when one party for t......ows that plaintiff's lack of knowledge prevented implementation of the contract and under apprehension of non-profitability, the plaintiff filed the suit and as such the Courts below erred in law decreeing the suit. The learned Counsel lastly submitted that the Courts below have also faile..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....intiffs were possessing the land till they were dispossessed by the principal defendants, that defendant No.1, son of Pyar Mamud filed an application before the local Circle Officer under the provision of Ordinance No. 28 of 1976 but the same was dismissed on April 22, 1981, that defendant ......ts have paid some of the installments and as such Ext. c carries much more weight than the Ext.3 that in case Ext. c is genuine in that case plaintiffs' claim of title is not entertainable in law and as such plaintiffs are not entitled to the relief sought in the suit. On the aforesaid find..Category: Property Law | Date: | Hits: 18
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....ught to resolve the dispute, and hence the application of Artha Rin Adalat Act, 1990 was completely excluded in this instance and the learned respondent No.1 Court had no scope in resorting to the provisions of Artha Rin Adalat Act, 1990 to hold that it had jurisdiction. 3. Mr. Ajmalul Ho......alia, in paragraph No. 5 of the written objection, that the application of the petitioner Nos. 1 and 2 was misconceived inasmuch the Investment and the Guarantee Agreement were governed by the laws of England. It is stated that the respondent No. 2 did not make the allegation that the l..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......rs at 28/1, Nabin Chandra Goswami Road, P.S. Faridabad, Dhaka which belonged to her husband Mr. Md. Akhtar who purchased it by a registered deed dated 28.03.1956. Duricg the war of liberation the law and order situation compelled the writ petitioners' mother to keep the premises in questio..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....l appearing for the appellants has not seriously disputed before us the power of a Civil Court to issue a temporary injunction in a mandatory form in an appropriate case, even though the terms of the provisions of Order 39 of the Code do not appear to expressly authorise the exercise of such a power......e written objection by the appellants and that an application under rule 4 of Order 39 of the Code, instead of filing a written objection to the prayer for temporary injunction, was contrary to the law of procedure and was also undesirable. 3. The appellants preferred a Miscellaneous Appeal aga..Category: Property Law | Date: | Hits: 31
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
....ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ......ut he did not agree. As a result, the accused persons became infuriated. On the dated of occurrence the informant and his sister Shamima Nasrin after making election campaigning for his brother-in-law came back at night and after taking meal slept with witness Nos. 2 and 3 in their house. At abo..Category: Criminal Law | Date: | Hits: 54
Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)
....ee that the musclemen, black-marketers, uneducated persons should not have any chance of being elected as representatives of the people and that if unscrupulous persons are elected, they will make provision for their self-aggrandizement and will not represent the people by whom they are made rep......have the right to elect or reject a candidate on the basis of their antecedents and past performance in order to see as the whether the candidates are competent to discharge their function as lawmaker and represent the people in the House of the Nation in the Parliament. The further case of..Category: Election Law | Date: | Hits: 124
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
....t sought to be appealed that it was primarily contended before the High Court Division from the side of the parties to the appeal how far the Court of appeal below was correct in applying the provision of Section 43 of the Transfer of Property Act. It may be mentioned the High Court Divisio...... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ..Category: Property Law | Date: | Hits: 21
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ament Secretariat Officers and Employees Recruitment Rules, 1982 (shortly the Rules, 1982). The other employees who were appointed in 1994 and afterwards, they were appointed in accordance with the provisions of Sangshad Sachibalay Karmakarta-O-Karmachari Neeyog Bidhimala, 1994 (shortly the Bidhi...... Minister for regularizing their appointments on humanitarian ground and the Prime Minister's office sent the matter to the Secretary, Jatiyo Sangshad Sachibalay to consider the matter as per law. 5. The respondent No.1 contested the Rule by filing affidavit-in-opposition and denied ..Category: Employment/Service Law | Date: | Hits: 70
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