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Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)

....h view of the matter we do not find any sub­stance in this petition. 11. The petition is accordingly dis­missed. Ed This Case is also Reported in: IV ADC (2007) 803. ......iscriminately and set fire to the dwelling house of the informant and on the basis of the said First Information Report charge sheet was submitted against the accused petitioners. In the aforesaid case tried by the learned Additional Sessions Judge and Special Tribunal No.2, Sylhet they have bee......h view of the matter we do not find any sub­stance in this petition. 11. The petition is accordingly dis­missed. Ed This Case is also Reported in: IV ADC (2007) 803. ..

Category: Criminal Law | Date: | Hits: 44

S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)

....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ...... dated 08.02.2004 was started under Section 302 and other Sections of the Penal Code. After investigation police submitted charge sheet against the accused petitioners and others on 15.06.2004. The case was registered as Druto Bichar Tribunal Case No. 26 of 2005 and was pending before learned Dru......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ..

Category: Criminal Law | Date: | Hits: 47

Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)

....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......leave to appeal against the judgment and order dated 29.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 13882 of 2005 making the rule absolute thereby transferring the case from the court of Drato Bichar Tribunal No.1, Dhaka to Druto Bichar Tribunal No. 2 at Dhaka.&n......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ..

Category: Criminal Law | Date: | Hits: 64

Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)

....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......ame date the pre-emptee petitioners by a sale deed transferred 2.50 acres of land in favour of Malekun; the pre-emptee petitioners presuming that the respondent No.1 was going to file a pre-emption case against the above kabala dated 5.2.1982 got an area of 2.48 acres of land transferred in their......Malekun Bibi; Bibijan Bewa died leaving behind brothers' sons Moyen Mondal, Jabbar Mondal and Rahimuddin. Malekun by a registered deed of heba-bil-ewaz deed dated 5.2.1982,transferred 6.32 acres of land to her brother's sons, the pre-emptee petitioners, and on the same date the pre-emptee petitio..

Category: Property Law | Date: | Hits: 34

Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)

....e leave-petition.  In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......e leave-petition.  In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......e leave-petition.  In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ..

Category: Banking Law | Date: | Hits: 85

Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)

....cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......ded that the kabala Ext.1 has been registered long back some­times in later part of 1975 of in the early 1976 and accordingly rejected the applica­tion. 5. In the facts and circumstances of the case and in view of the discussions made above, we are of the view that the High Court Division upon......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ..

Category: Procedural Law | Date: | Hits: 97

Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)

....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......al Court dismissing the plaintiff’s suit. 9. We have heard the learned lawyers of both the parties and considered their submissions. Having regard to the facts and circumstances of the case and the materi­als on record, we find that the High Court Division rightly passed the impu....... 324 were Lalkha, Isha Kha, Ali Kha, Zion Kha, Mia Kha and Guda Kha; that the schedule property devolved upon Isha Kha, which is stated in Khatian No. 324 that Isha Kha transferred 52 decimals of land from northern side on 03-11-1915 during C.S. operation to Sheikh Falu and Tilumuddin that Shei..

Category: Property Law | Date: | Hits: 33

Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)

.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ......e Court obtained the ex-parte decree in question on 28.09.1989.The application was registered as Miscellaneous Case No. 57 of 1989. 4.The plaintiff opposite parties entered appearance in the case and filed written objection stating, inter alia, that the sum­mons upon the defendants was...... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ..

Category: Property Law | Date: | Hits: 24

Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)

....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ...... cancellation of lease for alleged failure to pay the balance amount of sala­mi. We are thus of the view that the afore­said provision of law has got no manner of application in the present case to disentitle the plaintiff to get the reliefs sought for in the suit. 15. It appears t......ing the rule absolute. 2. The respondent Nos.1 to 3 as plaintiffs instituted Title Suit No. 7 of 1989 in the Court of Subordinate Judge, Shariatpur for declaration of their title in the suit land and for a declaration that the order dated 20.02.1989 passed by the Additional Deputy Commiss..

Category: Property Law | Date: | Hits: 25

Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......o. 922 of 2006 allowing the prayer of respondent No. 11 adding her as respondent in the writ petition and also directing the respondent No. 3 not to disturb the writ petitioner's possession in the land as mentioned in the petition till expiry of his lease period. 2. Short facts are that t..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)

....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ......money was not paid to the writ petitioner. 3. The respondent No.5 entered appear­ance by filing an affidavit-in-opposition denying the material allegations made in the writ petition. The case of the respon­dent is that the land in question along with other lands  were  r......002 passed by a Division Bench of the High Court Division in Writ Petition 2382 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner was the owner of 1.33% acres of land of C.S. Plot Nos. 1081 and 1082 of C.S. Khatian No.14 and an area of 1.06 acres of C.S. Plot N..

Category: Property Law | Date: | Hits: 26

M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)

....or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ......Division (Civil) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J M/s. Sikder Brothers……………Petitioner (In both the cases) Vs. Chairman, Power Development Board, WAPDA Bhaban and others……......or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ..

Category: Alternative Dispute Resolution | Date: | Hits: 193

Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)

....of the High Court Division can not be sustained. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......of the High Court Division can not be sustained. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......aintiff, encashed those making the plaintiff responsible to compensate the owners of the said fixed deposit receipts; during the pendency of the suit the respon­dent brought a surveyor from England who along with a few local engineers got the machineries and stock surveyed and assessed the l..

Category: Business or Commercial Law | Date: | Hits: 75

Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)

....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......uhul Amin J. - This appeal by leave has been filed by the plaintiffs against the judgment dated November 6, 1990 of the High Court Division in Admiralty Suit No. 8 of 1988 dismissing the same. The case of the plaintiffs is that Chalna Carriers and Fibres Ltd. a Private Limited Company (plaintiff......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 210

Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)

....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......y the learned Sessions Judge, Manikganj in Sessions Case No.2 of 2001, convicting the condemned petitioner under section 302 of the Penal Code and sentencing him to death. 2. The prosecution case, in brief, is that condemned petitioner and accused Rokeya Begum used to stay together in a ho......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..

Category: Criminal Law | Date: | Hits: 51

State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)

.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ...... of the view that the aforesaid Criminal Proceeding lost its legal force inasmuch as the investigation agency failed to submit the charge-sheet within 180 days from the date of institution of the case. Since in the special law, special period of i limitation has been fixed for submission of ...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ..

Category: Criminal Law | Date: | Hits: 48

Paritosh Rudra Vs. State, 2007, 36 CLC (AD)

....s no substance in this peti­tion for leave to appeal and accordingly, the petition for leave to appeal is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 81 of 2001 convicting him (petitioner) under Section 302 of the Penal Code and sen­tencing him to death. 2. The prosecution case, in brief, is that one Purnendu Bikash Rudra of Kakara, Cox's Bazar on 04-12-2000 filed a pet......edural defect in the trial nor the learned Advocate for the petitioner ven­tured to submit so. It appears that the peti­tioner raised a plea of alibi but failed to substantiate his claim by landing evi­dence. It further appears that there is no denial to the fact that the deceased wer..

Category: Criminal Law | Date: | Hits: 43

Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)

....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... reply dated 26.07.1994 denying the plaintiffs claim and hence the suit. 3. The present petitioners as defendants contested the suit by filing written state­ment denying the plaintiffs' case stating inter alia, that the plaintiffs though received the rents from the defendants in time ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..

Category: Property Law | Date: | Hits: 35

Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)

....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......ily Laws Ordinance. Late Alhaj Faruque Hossain was a retired police officer and after the death of his first wife, Morzia Khatun she was married to the said late Alhaj Faruque Hossain. The further case of the plaintiff is that she was a widow before her marriage with Alhaj Faruque Hossain and bo......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 689. ..

Category: Family Law | Date: | Hits: 150

Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....he above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......ot No. 712 of schedule 'Kha' to be declared. 5. In the appeal leave was granted to con­sider whether the learned Judge of the High Court Division committed error of law in making a third case allowing two kathas of land to plaintiff and it was not denied by the defendant that the plain......it No.3 of 1984 in the Court of the learned Munsif ( now Assistant Judge), Nazirpur Upazila, Pirojpur against the defendants-respondents for declaration  of title in respect of several plots of land including R.S. Plot No.712 measuring 0.86 acres being homestead land on the current; that the..

Category: Property Law | Date: | Hits: 30