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Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)

....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......, Barisal in Probate Case No. 02 of 1992, refusing to grant probate of the last will of Trilakha Nath Roy made in favour of the respondent No.1 Swarashati Roy, wife of him. 2. Facts in this case, in short, are that Trailakha Nath Roy was the husband of the respondent No.1 Swarashati Roy. ..

Category: Property Law | Date: | Hits: 74

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

....d 6 of Deeds of Agreement dated 01.08.1961 and 28.04.1971". The High Court Division fur­ther observed that the judgment of the S.C.C. Court Judge cannot be said that the same is not "rooted in evidence and materials on record and went against weight of evidence on record." ......was the tenant in the suit premises as per agreement dated 01.08.1961 with Younus Ali, Sajeda Khatun and Mussamat Zaitun Nessa and one of the terms and conditions of the agree­ment was that in case of default in the payment of rent for three consecutive months the land­lord would have th..

Category: Property Law | Date: | Hits: 23

M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)

....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......No. 2 to the effect that the other 2 phases of work at a rate offered by the present petitioner may be offered to the Respondent No.1 and another contractor who were found technically responsive in case they are agree­able to execute the work at the said rate. 10. In the background of..

Category: Procedural Law | Date: | Hits: 83

Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)

....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ...... been stayed by the respondent No.1 on the ground of tendency of writ petition No. 3968 of 1988, the present petitioner is going to be highly prejudiced for not being in a position to place his case in either of the two forums although he is in possession of the said shop by virtue of induct..

Category: Procedural Law | Date: | Hits: 78

Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)

....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......3 of 1956-60. The plaintiff also made further prayer for declara­tion that "Ga' schedule land is not the part of acquired land published in the Gazette Notification dated 18-12-1980. The case of the plaintiff respondent is that 3.60 acres of land out of 23.43 acres of C.S. Dag No. 253 ..

Category: Property Law | Date: | Hits: 22

Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)

....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ...... Court Division and also failed to comply with the provision of Article 49(4) of the Representation of the People's Order (President's Order No. 155 of 1972). 5. During the Progress of the case, the High Court Division framed several issues and one those was an issue of maintainability, ..

Category: Election Law | Date: | Hits: 312

Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)

.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......fen­dants subsequently refused to do so. Hence, the suit. 3. The defendant respondent Nos. 1 and 2 the appellants herein contested the suit by filing joint written statement denying the case of the plaintiff. Their case is that Debendra Chandra Sharma, for the purpose of arranging the..

Category: Property Law | Date: | Hits: 27

Anowara Begum Vs. State, 2004, 33 CLC (AD)

....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......after her marriage she found her hus­band a greedy person who started demanding dowry from her and in his demand for dowry he was instigated by his mother, the appellant and others. The further case is that on 07.03.1992 informant was assaulted by her husband on demand of dowry. Subsequently..

Category: Criminal Law | Date: | Hits: 64

Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)

.... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......imprisonment for 3 (three) months and pay a fine of Tk. 3000/- and in default to suffer rigors imprisonment for 1(one) month more and all the sentences will run concurrently. 3. Prosecution case, is that one Md. Rafiqul Islam, Assistant Inspector of the district And Corruption Bureau Lodg..

Category: Criminal Law | Date: | Hits: 44

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......ereupon setting aside the judg­ment and order of November 29, 1992 of the Court of Assistant Judge, Ramganj, Lakshmipur in Miscellaneous Case No. 1 of 1992 allowing the same. The Miscellaneous case was filed under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Pre-empt..

Category: Property Law | Date: | Hits: 44

Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)

....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......8 acres of his share of the suit tank to the defendant appellant respondent Lokman Mia, restraining him from disturbing his pos­session of the suit tank and for partition of the suit land. His case is that the Government of India acquired entire land of C. S. Plot No. 21 which originally b..

Category: Property Law | Date: | Hits: 20

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ......as placed before a Division Bench of the Hon'ble High Court Division on 7.2.1996 and by an order of the same date the High Court Division allowed two weeks time for compliance of office note and in case of default the same shall stand discharged. The appellant has further asserted that it appear..

Category: Procedural Law | Date: | Hits: 94

Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)

.... that view of the matter we find no sub­stance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......itle Suit No. 151 of 1967, seeking declaration of title and confirmation of possession in respect of the land measuring 3.75 acres which he acquired in exchange of his property in India. It was the case of the plaintiff that he is in possession of the land in suit since 1356 B.S and that during ..

Category: Property Law | Date: | Hits: 29

Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)

....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......om service as per Rule 143 (4) of Service Rules, 1982. Thereafter, the appellant was dismissed form service by order-dated 22.6.1997 under Rule 139(1) (b) of the Service Rules, 1982. 3. The case of the petitioner in Writ petition No. 4648 of 1997 is that as a Diploma Engineer (Electrical..

Category: Employment/Service Law | Date: | Hits: 89

Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)

....udg­ment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ...... of Tk. 1,80,000.00 totaling Tk. 7,61,516.00 upon allegations, inter alia, that he carries on bossiness in the firm names, M/S A. Salam and brothers, and M/S Bengal Commercial Traders. He imported 17 cases of diesel engine, spare parts from California, 9 cases from New York and 3 cases from London b..

Category: Civil Law | Date: | Hits: 79

Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)

..... Accordingly, the appeal is dismissed with­out any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......ver pos­sessed the suit land. The defendant No.1 further contended that the allegation of dispossession by him is also false. 5. The trial Court dismissed the suit disbe­lieving the case of the plaintiff that he had taken oral settlement of the land from Monindra Charan after maki..

Category: Property Law | Date: | Hits: 26

Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)

....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......Barisal in Probate Case No. 02 of 1992, refusing to grant probate of the last will of Trailakha Nath Roy made in favour of the respondent No. 1, Swarashati Roy wife of him. 2. Facts in this case, in short, are that Trailakha Nath Roy was the husband of the respondent No.1 Swarashati Roy. ..

Category: Civil Law | Date: | Hits: 114

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and oth­ers, 2004, 33 CLC (AD)

.... 4 as the defendants along with oth­ers. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......dging receiving of the Bank draft and the letter of authorization exe­cuted in favour of Bank's nominee authorizing lifting of fertilizer allotted to defendant Nos. 3 and 4. 3. It is the case of the Bank that allotted consignment of fertilizer was not delivered to the authorized office..

Category: Civil Law | Date: | Hits: 121

Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)

....late Tribunal as afore­said as hereby deleted and the appeal is accord­ingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......he driver, the Microbus and two bales of Indian cloth and lodged First Information Report which was recorded as Dhanmondi P.S. Case No. 61 (6) 84 under Section 156 (4) of the Customs Act. It is the case of the petitioner that thereafter he was transferred to Khulna on 8.7.1984 by the Inspector Ge..

Category: Administrative Law | Date: | Hits: 103

Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)

....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......4 for valuable consideration without any knowledge of the alleged bainapatra in favour of the plaintiff. All the parties led evi­dence, both oral and documentary in support of their respective cases and the trial court on con­sideration of the materials on record dismissed the plaintiff'..

Category: Property Law | Date: | Hits: 31