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Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ...... who died leaving sons Taleb Hossain and Monir Hossain, that Taleb Hossain died leaving the plaintiff and the brother Monir Hossain, that certain Kamaruddin in respect of the land in suit got S.A. record prepared in his name and later on upon the said matter a 'salish' was held and as per award ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....ule 14 of the Code which are as follows: "Every pleading shall be signed by the party and his pleader (if any): Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading, it may be signed by any person duly authorised by him to ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....-appellants had not paid the amount of Tk. 68,700/- which was due to the complainant and that had the intention of the accused been known to the complainant and his party they would not have sold the goods on credit to them. 3. The Sub-Divisional Magistrate, Faridpur by his order dated 1.2.83 too......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......ntiffs came to learn about the said fraudulent transactions of defendant No.1 when a sale proclamation of the suit property was published in the daily Bangladesh Observer. After inspecting the case records through Advocates the plaintiffs finally came to know about the Miscellaneous Case No.88 o......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....efendants were trying to sell the suit properties at a higher price even after receipt of Tk. 10,000/- from the appellant. Both the defendants were represented by the same Advocate, hence they are on good terms and not opposed to each other. Defendant No. 1 was backing out of her promise by laying......defendant No. 1. 14. It is not difficult to see that Mr. Ahmed has based his argument not so much upon misreading of evidence, but on a wider canvass of omission to consider material evidence on record and failure to deduce legal inference from facts proved. 15. There is no written agreement...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......unlawful police custody. 3. The prosecution in this case examined 14 witnesses and the defendant did not examine any witness. 4. The trial court upon consideration of the materials on record mainly on the confessional statement of accused Mafizuddin convicted and sentenced all the a......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......ctim died. After completion of investigation charge sheet was filed on 29.9.1988 against the appellant, Imam Hossain also and 4 others under section 302/114/34 of the Penal Code. In due course the records were sent to the Court of Sessions Judge upon which Sessions Case No.8 of 1989 was register......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ...... were accordingly granted permission. The plaintiffs asked the defendant Nos.1-4 to vacate the said portion of the suit land but they finally refused in Ashwin, 1379. The suit land has been wrongly recorded in the name of defendant No. 6 in S.A. Khatian. As a result cloud has been cast upon the ......t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......that the Commission allowed the application in part section 1.52E(2) of Income Tax Ordinance 1984 provides that when the application is allowed, the Commission is required to examine the relevant records and other evidence, if any, and the order of the Commission shall provide the terms of set......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... of Waqfs that tenancy of the appellants having had been terminated they are illegally staying in the property of the Waqf Estate. At the time of hearing of the appeal no material has been brought on record to show that the tenancy of the appellants have been terminated. It appears the Respondent No......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......rt Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers and the C.S. record was accordingly prepared and finally published. On the death of Saku Sarder his interest devo......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....dence adduced by the parties and conclusion followed that the plaintiffs (sic) have been able to prove their claim as regards the suit property and that the defendant Nos.1 and 2 had not acquired any good title because their vendors documents of title were on the evidence found to be forged and fabr......Road, Dhaka) on the death of his father Krishna Chandra Karmaker, son of Haridas Karmaker to whom the land in suit belonged, that he owned and possessed the land upon mutating his name in the revenue record and in other official records and paid rent as well as the municipal holding taxes, that he l......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....n directing the proforma defendants to stop entry of all consignments of Birla Brand Truck, Non Truck, LCV and Car Tyres and other materials relating thereto shipped and/or trans-shipped as export goods of Birla Tyres materials for sale and supply by and/or through any other person or persons, i...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......dditional Attorney General, instructed by Mr.A.H.M Shahidul Huq, Advocate-on-Record- For the Appellants Abdul Wadud Bhuiyan, Senior Advocate, instructed by N. I. Bhuiyan, Advocate-on-record- For Respondent No. 1. Dispensed with- For Respondent No.2 & 3 Civil Appea......wed accordingly impleading the appellant as defendant No.4 amending the plaint. On 22.1.1997 the trial court issued summons upon the added defendant No.4 that is the appellant fixing 28.1.1997 for service return and by order dated 28.1.1997 on perusal of the service return of summons, fixed 3.2...Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... fixed with reference to that age accordingly to the method indicated in Article 116 and sub-para (2) of Article 117 and the Service Roll of the petitioner clearly shows that his qualification was recorded as "Appeared in the Matriculation Examination in the year 1965" and hence the Hi......the Rule. 2. In the above writ petition the petitioner challenged the order dated 28.9.2001 issued by the Office of the Superintendent of Police, Mymensingh releasing the petitioner from his service as Head Master of Police Line High School Mymensingh stating, inter alia, that he in the ye..Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......e, M.A. Wahab Miah, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Syed Ishtiaq Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-record — For the Respondent No. 8. Civil Petition for Leave to Appeal No. 258 of 1989. Judgm......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...Category: Election Law | Date: | Hits: 146
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