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State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......Station Case No. 46 dated 28-8-1998 as well as G.R. Case No.2548 of 1998 now pending for trial in the Court of learned Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka. 2. The prosecution case, in brief, is that one Mr. Yunnus Ali, the father of the victim girl lodged F.I.R. with Pallab..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......sions Judge in Criminal Appeal No. 1108 of 1999. 3. The said appeal was filed against the judgment and order dated October 21, 1989 in G.R. Case No. 3503 of 1988. In the aforementioned G.R. case the petitioner was convicted under section 170 of the Penal Code and was sentenced to imprison..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......sion of the suit property and for the dispossession, the plaintiff was constrained to institute the suit. 3. The petitioner as defendant No. 14 contested the suit filing the written statement. The case of the defendant petitioner, inter alia, is that one Abdul Kader was the C.S. recorded tenant ..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......ase got his name mutated in the khatian. The defendant No.1 is the full brother of Abdul Aziz and a person of desperate nature. Once he assaulted the plaintiff and the plaintiff brought a criminal case being C.R. Case No.423 of 1998 and the defendant was convicted. Thereafter he forcibly disposs..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......n Hanif Biswas died leaving only son plaintiff No.1 as heir. In this way plaintiffs acquired 12 annas share in the suit property and they subsequently sold some land to other persons. Their further case is that Bodillah was also the owner of the 'Kha' schedule land of the plaint and the plaintiff..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ....../under section 95 of the Companies Act by resorting to the jurisdiction of by the High Court Division or on the Civil Court, the learned Counsel for the appellants has referred to a decision in the case of British India Corporation Vs. Robert Menzies reported in 1936 Company Cases 250 wherein a s..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......ne appears for the respondents. 8. We have heard the learned Counsel of the petitioners and considered his submissions. It appears that this Division while allowing the appeal considered the case of the parities and the applicability of the reported legal decisions on the matter in issue a..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......000 as advance he made over the possession of the suit land to the plaintiff and in the said agreement it was stipulated that the defendant No. 1 shall get back the possession of suit land in case of his refund of the advance amount of Taka 25,000 within the month of Chaitra 1386 BS and in ..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......n established and accordingly, like other non-government secondary schools and colleges, the above Rifles Public School and College is also not a statutory body or local authority; further, in the case of Mafizul Haque vs. Mofizur Rahman and others reported in 48 DLR (AD) 121 this position has ..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity 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: 60 DLR (AD) (2008) 9. ......mity 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: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... remained unused by the Government, the same should be de-requisitioned and returned to the original owners since policy decision was taken by the Government in 1984 and in the meantime in so many LA cases unused lands had already been de-requisitioned and returned to the original owners. The writ p..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ....../89 dated 2nd March, 1989 issued by respondent No. 3, the Secretary-General of the Bangladesh Red Crescent Society, purportedly issued to give effect to the impugned amendments. 3. The appellant's case is that he has been a member of the Society since its inception in 1973, and its life-member si..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......answered the question is the affirmative. The learned counsel for the appellant contends that the concurrent decision of those courts has been made in disregard to the judgment of this Court in the cases of A.F.M. Shah Alam and others, reported in 41 DLR (AD) 68 and also in misconstruction of all ..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......h March, 1986 and a few days later he died on 11.4.86. Whereby he bequeathed all his moveable and immoveable properties to the appellant who was made executrix of the said Will. She filed the Probate case for granting of probate. The Respondent filed an application in the said case for adding her as..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......signs and gestures, in answer to questions, if the person making it is not in a position to speak. There is no requirement of law that a dying declaration should be recorded by a Magistrate as in the case of the confessional statement of an accused under s. 164(3) Cr.P.C………..(6) A man under..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ...... fact without adducing convincing material-support of such denial, but the court finds it difficult to draw a definitive inference or conclusion from the assertion of the petitioner then it will be a case where the petitioner has failed to discharge his onus probandi…………….(15) Declarati..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......ts and circumstances or taw for rejection of the plaint the said application was liable to be rejected and provision of Order7 Rule 11 of the Code of Civil Procedure does not attract in the present case. 5. The learned Joint District Judge by order dated 16.02.2002 rejected the applicatio..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ...... 08.06.2002 through bonafide mistake forgetting about the pendency of the earlier Title Execution Case No.18 of 1980 and subsequently filed an application for withdrawal of the subsequent execution case which was rejected on 03.09.2002. The decree holder thereupon prayed for amendment of the exec..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......tioner has submitted that while a Court exercises its power upon assigning reason the reason so assigned is required to be based on fact. The contention so made would have been of merit in some other case but in the background of the facts and circumstances of the instant case is of no merit since t..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......8/- i.e, Tk. 96/- per year. It was provided in the agreement that the landlords would take back the possession of the suit property after the expiry of the stipulated period of 9 years but in case of continuing possession by the tenant beyond 9 year the tenant would pay rent at the rat..Category: Property Law | Date: | Hits: 106
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