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Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)

....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......to Appeal is directed against the judgment and order dated 09.04.2005 passed by the High Court Division Criminal Miscellaneous Case No.8 122 of 2002 discharging the Rule. 2. The facts of the case are that on 24.05.2000 the respondent No.1 as com­plainant filed a petition of complaint i..

Category: Criminal Law | Date: | Hits: 41

Zahid Vs. Tanzir Hossain Mallick and another, 2007, 36 CLC (AD)

.... point out any infir­mity of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 434. ...... of Criminal Procedure seeking quashing of the proceedings of C.R. Case No. 47/2003 (Jhal) of the Court of Magistrate; 1st Class, Jhalakathi under sections 406/420 of the Penal Code. 2. The case of the complainant, in short, is that he paid Tk. 3,00,000/- to the petitioner, on October 9, ..

Category: Criminal Law | Date: | Hits: 56

Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)

....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till dis­posal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ...... 2. The facts, in short, are that this applica­tion for review has not been filed on discovery of new facts which was possibly not known to the Advocate of the petitioner when the revisional case was heard before the High Court Division nor this was known to the Advocate-on-Record when th..

Category: Criminal Law | Date: | Hits: 50

Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)

.... Court 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: VI ADC (2009) 427. ......ahnama and the alleged marriage was not consum­mated. 3. The defendant contested the suit by fil­ing a written statement denying the mate­rial allegations made in the plaint. The case of the defendant is that she was a Senior Staff Nurse serving in the Rangpur Medical College ..

Category: Family Law | Date: | Hits: 169

Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

....ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......sp;               5. As it appears the High Court Division took the view that, in view of the principles laid down in the case of Md. Nurullah Chowdhury vs. Golam Sollaiman Kazi 26 DLR(HC) 70 and in the case of Rahela Kha..

Category: Property Law | Date: | Hits: 33

Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 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: VI ADC (2009) 419. ......312 of 1999 affirming those dated 19.10.1999 passed by the Senior Assistant Judge, Additional Court, Sadar, Sylhet in Title Suit No. 50 of 1997 dismissing the suit. 2. The short facts of the case are that the plaintiffs instituted Title Suit No. 216 of 1985 in the First Court of Munsif, Sy..

Category: Property Law | Date: | Hits: 31

Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)

....rrived at a correct decision. 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) 416. ......re lost during the period of liberation in 1971. At the time of S.A. operation the suit land measuring 9.64 acres was not recorded in the name of the plaintiffs and as such they filed an objection case under section 19(1) of the State Acquisition and Tenancy Act being objection Case No.92 and t..

Category: Property Law | Date: | Hits: 23

M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)

....vision upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 414, 19 BLT (AD) (2011)137.......ve to appeal is directed against the judgment and order dated 11.04.2006 passed by the High Court Division in Civil order No. 5531 of 2004 summarily reject­ing the revisional application. 2. This case of the plaintiff, in short, is that Radha Ramon Saha was the original owner of the suit land. H..

Category: Property Law | Date: | Hits: 29

Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)

....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......ed judgment and order of the High court Division is neither proper nor in accordance with law; that the High Court Division committed an error of law result­ing in error in the decision of the case occasioning a failure of justice in misread­ing the pleadings of the parties as well as th..

Category: Property Law | Date: | Hits: 30

Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)

....is 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) 406. ......espondent No.1 dismissed above L.A Case Appeal No. CH-12 of 1981 on 27.2.1982 but the petitioner moved/filed the writ petition for summery relief only on 23.11.1996, long after 14 years, and in the case of Fazlur Rahman Akhand and five others vs. Government of Bangladesh and others, 52 DLR(AD) 1..

Category: Property Law | Date: | Hits: 50

Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)

....Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ......f all duties and taxes and to sell and to keep out of the sale proceeds of TK.43, 00,000.00 in fixed deposit to the credit of the trial Court till final decision of the suit.  2. The facts of the case, in short, are that the plaintiff-appellant is a Banking Company incorporated under the Compani..

Category: Business or Commercial Law | Date: | Hits: 142

Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)

....ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ......of khas possession and cancellation of the deeds. 3. The defendant Nos.1-10 contested the suit by filing written statements denying the material allegations made in the plaint. 4. The case of the defendants are that the defendant No. 12 was the owner of the suit land sold it to the ..

Category: Property Law | Date: | Hits: 27

Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)

....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dis­missed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ...... contained in Memo No. 329/1 dated 11.04.2005 granting lease in favour of the respondent. The High Court Division after hearing the writ-peti­tioner issued rule and granted statue-quo; that the case of the writ-petitioner-respon­dent No.1, in short, is that he obtained lease of a Pathor ..

Category: Property Law | Date: | Hits: 25

Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)

....there is 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) 383. ......sing the judgment and decree on the basis of the admission of the defendant petitioner in his written statement, was allowed. 2. The respondent No. 2, as plaintiff, insti­tuted the above case for realization of Tk.32,12,050/- on the averments the defendant, who is the proprietor of M/S..

Category: Civil Law | Date: | Hits: 95

Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 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: VI ADC (2009) 381. ...... This petition for leave to appeal is directed against the judgment and order dated 06.02.2007 passed by the High Court Division in Writ Petition No.1677 of 2003 discharging the Rule. 2. The case of the writ petitioners, in short, is that their father Md. Sirajul Hoque obtained a licence f..

Category: Property Law | Date: | Hits: 26

Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)

....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. .......S. record but he managed to get it recorded in his sole name fraudulently with malafide intention. 4. The defendant Nos.6-7 contested the suit by filing written statement denying the plaint case and stating, inter alia, that the suit land was under khatian No.817 Mahiruddin and others wer..

Category: Property Law | Date: | Hits: 23

Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)

....there is 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) 373. ......the suit and the appellate Court  did not give any consideration as to the genuineness of the said Ekrarnama. The High Court Division further held that the records show that in the redemption case the plaintiffs were never made party and the defendant No.1 after obtaining order of redemptio..

Category: Property Law | Date: | Hits: 26

Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)

....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......eal is directed against the judgment and order 21-05-2006 passed by a Division Bench of the High Court Division in Writ Petition No.3129 of 2004 making the Rule absolute. 2. The petitioner's case, in brief, is that the petitioner took active part in the liberation war in 1971 and Mr. M.A.G..

Category: Property Law | Date: | Hits: 28

City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 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) 366. ......t bill from the foreign corresponding bank the L/C opening bank adjusts the claim against import L/C and deposits the bal­ance in the C.D account of the concerned beneficiary and in the instant case, the balance after the adjustment of the L/C claim of the plaintiff was credited to the C.D. ..

Category: Civil Law | Date: | Hits: 106

Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)

....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......and inoperative. The said suit was institut­ed in a representative capacity under order 1, Rule 8 of the Code of Civil Procedure on behalf of the people of Shihara Union Parishad. 3. The case of the plaintiffs, in short, was that the office of the Shihara Union Parishad was established..

Category: Property Law | Date: | Hits: 32