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Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)

.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......late Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Bashudev Ghosh and others…................... Petitioners (In both the cases) Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah and others…........Respondents..

Category: Tenancy Law | Date: | Hits: 145

Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)

....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......ved that earlier the Rule was discharged for default as no one appeared on 22.05.2006 and the order of stay granted earlier was vacated and the executing court was directed to proceed with execution case in accordance with law and that on the prayer of the petitioner bank the writ petition was rest..

Category: Banking Law | Date: | Hits: 373

Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)

....e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ..

Category: Property Law | Date: | Hits: 29

Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)

.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... belonged to one Nironjan and that on his death as well as on the death of his son Nityanondo, Kanaklata, being the wife of Nironjan an mother of Nityanondo, inherited the life long-interest on the case land and to meet the funeral and others expenses she sold the same to the plaintiff by execut..

Category: Property Law | Date: | Hits: 54

Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)

....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ...... prayed for declaration that the judgment and decree dated 13.04.1979 of passed on compromise in Title Suit No.340 of 1978 is fraudulent, collusive and not binding upon them. The plaintiff’s case is that the said compromise decree was obtained in T.S. No. 340 of 1978 by suppressing of proc..

Category: Property Law | Date: | Hits: 28

Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)

....find no sub­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......r in Title Appeal No.95 of 1997 dismissing the appeal affirming those dated 29.05.1997 passed by the Senior Assistant Judge, Sadar, Faridpur in Title Suit No.03 of 1993. 2. The facts of the case, in short, are that one Abbas Sheikh was the original owner of the suit land after his death h..

Category: Property Law | Date: | Hits: 25

Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)

....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dis­missed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......tuted Small Cause Suit No.9 of 1999 in the Court of Senior Assistant Judge, Sadar, Sylhet, impleding the petitioners as defendants for eviction of the petitioners from the suit premises. Plaintiffs case is that the defendants were inducted as Bharatia in the suit premises on monthly rental of Tk...

Category: Property Law | Date: | Hits: 57

Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....no illegali­ty or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......a kanango who eventually submitted his report with the finding that land in question belongs to Rustom Ali and so for establishment of the proposed market, the suit land is to be acquired and in that case a huge amount of compensations will be required to be paid to Rustom Ali; thus having failed to..

Category: Property Law | Date: | Hits: 25

Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)

.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......, quoted at page 41 of the leave petition, it appears that the leave petitioner has been trying to delay the matter. 3. The High Court Division considering the facts and circumstances of the case observed as under:- "On critical analysis of the letter dated 02.03.2006 &nb..

Category: Criminal Law | Date: | Hits: 62

Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)

....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......min CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Rajdhani Unnayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal..

Category: Property Law | Date: | Hits: 41

HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 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: 14 BLC (AD) (2009)115. ......of arrest of the vessels 'MV Dali' and 'MV Lady Fatima' dated 10-7-2007 passed by the High Court Division and for release of the vessels 'MV Dali' and 'MV Lady Fatima'. 2. The facts of the case, in short, are that the petitioner as the plaintiff filed an appli­cation for arrest of 'M..

Category: Admiralty Law or Maritime Law | Date: | Hits: 513

State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)

....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......cting the death reference and allowing the appeal and acquitting the condemned prisoner Abul Kashem and convict petitioner, Anowar Hossain Pinto of the charge levelled against them. 2. Prosecution case, in short, is that on 10-3-1996 at about 5-00-5-30 PM two minor boys, name­ly, Mizan and Faruq..

Category: Criminal Law | Date: | Hits: 53

James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......arch 12, 2009. Lawyers Involved: Dr. M Zahir, Senior Advocate with Md. Azizul Haq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners, (In both the cases). MA Mannan, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record&..

Category: Business or Commercial Law | Date: | Hits: 178

Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)

....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......and prepared sketch map of the place of occurrence with index. Upon receipt of the postmortem report, the police submitted charge sheet against he accused and others. Subsequently the record of the case was sent to the learned Sessions Judge, Laxmipur for trial. The learned Sessions Judge upon h..

Category: Criminal Law | Date: | Hits: 50

Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)

....ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......r rigorous imprisonment for another 5(five) months in Session Case No. 272 of 2003 arising out of Kishoregonj Thana Case No.21(8)2003 corresponding to G.R. No.454(2)2003. 2. The Prosecution case, in short, is that in the night following 04.08.2003 at about 2:30 hours victim Sharifa Khatun..

Category: Criminal Law | Date: | Hits: 52

Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)

.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..

Category: Property Law | Date: | Hits: 30

Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)

....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......l) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Matiur Rahman Chowdhury..........................Petitioner (In both the cases) Vs. The Commissioner of Taxes, Dhaka ...............Respondent (In both the ca..

Category: Fiscal/Taxation Law | Date: | Hits: 89

Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)

....further in review peti­tion there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......absolute power in the management of the company in as much as the Managing Director is always under the control and supervision of the Board of Directors of the company and the above aspect of the case have not been considered by this Division. 4. As it appears this Division dismissed the..

Category: Criminal Law | Date: | Hits: 44

Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)

....elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ...... Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of TK.5,000.00 each in default to suffer rigorous imprisonment of 2(two) years more. 2. The prosecution case, in short, is that informant Abdus Salam on 03.05.1995 at 20.35 hours lodged an FIR with Sunda..

Category: Criminal Law | Date: | Hits: 47

Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)

....e of the view that the High Court Division did not any kind illegal­ity discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......an and filed an applica­tion before the assistant Commissioner (Land) Dumuria under section 150 of the State Acquisition and Tenancy Act being Miscellaneous Case No. 24 of 1996-97 but the said case was disal­lowed on the ground that the so called deed of gift was a forged document. ..

Category: Criminal Law | Date: | Hits: 57