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Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....e ewaj, as in the case of sale deed for non-payment of entire or part of consideration money, the executant may seek relief for recovery of money. A heba-bil-ewaj deed as distinguished from a simple heba (gift) is as good as a sale deed having all the ingredients of a sale deed and as ......rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ..Category: Property Law | Date: | Hits: 26
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....g is simply barred by Res-judicata and the prayer for local investigation solely based on such a claim which is not maintainable was liable to be thrown out in limini; that in the present suit for simple permanent injunction filed by the plaintiff-petitioners while their possession over the suit......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ..Category: Property Law | Date: | Hits: 26
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......hat on 26-02-2002 due to previous enmity the accused persons being armed with dangerous weapons having surrounded the informants younger brother Md. Abdul Alim and witnesses Nos.1-3 caused serious injuries on the body of the younger brother of the informant. Abdul Alim the informant tried in vai..Category: Criminal Law | Date: | Hits: 31
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....e findings. The High Court Division considering the above position and also on relying on the case of Rafizuddin vs. Molla Barman, reported in 43 BLD(AD) 215 where it has been held that, "In a simple suit for permanent injunction with regard to disputed land the relief is available to a per......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....self as "¯^qs †mevBZ c‡¶ kªx kªx †m j¶x bvivqb weMÖn msNai cvwUª," but in the plaint no relationship was disclosed as to the attachment of the plaintiff No. 2 with the deity and he was a simple tenant under plaintiff No. 1 and so it remained unexplained as to why instead of the Deity, S......ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....certain other employees of the like nature has submitted that the appellant is in like manner entitled to be regularised relying on the notification dated 21.4.1972 and given pension benefit, for the simple reason that a person similarly situated should be dealt with similarly and as such the discri......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..Category: Administrative Law | Date: | Hits: 136
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....or declaration of title simplicitor. The trial court and the appellate court held that the plaintiffs miserably failed to prove their title and possession in the suit land and as such the suit for simple declaration was not maintainable at the instance of the plaintiffs. It is the case of the pl......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ..Category: Property Law | Date: | Hits: 25
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... the petitioners as vested property and leasing out the same to the outsider, that the High Court Division was in error in discharging the Rule upon observing "the instant matter, we find is not so simple" and that in entering into the question of conflicting claim of title as in fact the persons ......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......n it in presence of witnesses. The neck and legs were tied and the lower limbs were without cloth. There were marks of injury on different parts of her body including her left breast and there were injuries by sharp cutting weapons from the right breast to abdomen. He sent the dead body to morgu..Category: Criminal Law | Date: | Hits: 25
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....endant did not reply to those interrogatory and thus an order was passed on 15.11.1989 debarring the defendant from rising such point; that the plaintiff being in possession of the suit land a simple suit for declaration of title was not hit by the proviso to Section 42 of Specific Relief Ac......mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ..Category: Property Law | Date: | Hits: 22
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ......igation of other accused (including the accused appellant Jalal) the husband of his niece demanded Tk.1,00,000/- as dowry and on her refusal to pay the sum she was assaulted seriously causing injuries on her person and on hearing hue and cry witnesses appeared and then Fatema Akhtar was res..Category: Criminal Law | Date: | Hits: 41
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......ted an important piece of evidence and relied upon. The High Court Division also held that no certificate was obtained from any doctor to the effect that deceased Shah Alam @ Babul after receiving injuries in vital parts of his body was quite fit to make a dying declaration. 9. The High C..Category: Criminal Law | Date: | Hits: 36
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
....bstructacle for commercial production on the said industry. On the other hand, the respondent bank started calculating the interest on the basis of compound interest although the loan is a loan of simple interest. Moreover, the respondent bank illegally adjusted the entire repaid amount in the i...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ..Category: Civil Law | Date: | Hits: 89
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......cer, Sadar Hospital, Sariatpur who was one of the members of the Medical Board holding post-mortem examination over dead body of the deceased, in his evidence stated that they found the following injuries on the person of the deceased: 1. One abrasion on the face below right ear measuring ..Category: Criminal Law | Date: | Hits: 26
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....denced by the Court's order sheet herein because this appellate Court below found the document torn and could not discover its contents; that the Courts below have acted illegally in decreeing the simple suit for injunction in disregard of clear materials on record including transfer of def......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..Category: Property Law | Date: | Hits: 19
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......he petitioner) and others and then he rushed to the place of occurrence and found the dead body of his sister and also found that blood was emanating from her nose and noticed marks of injuries on her neck, abdomen and other parts of the body and did not find inmates of the house pre..Category: Criminal Law | Date: | Hits: 99
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....hat defendants are living in the land in suit. 11. In the background of the evidence as referred to above, it was submitted by the learned Counsel of the appellants the suit as framed i.e. seeking simple declaration of title, was not maintainable in view of the provision of section 42 of the Spec...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 33
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....Criminal Revision No. 244 of 2002 discharging the Rule with modification of sentences reducing to 1(one) year from 2 (two) years rigorous imprisonment with fine of Tk. 500/-, in default, to suffer simple imprisonment for 15 (fifteen) days more instead of Tk. 3,000/-, in default, to suffer simple......ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ..Category: Criminal Law | Date: | Hits: 45
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ioners under section 409/109 of the Penal Code and sentencing them to suffer rigorous imprisonment for 3 (three) years and also to pay fine of Tk. 1,21,000/- and in default to suffer simple imprisonment for 9(nine) months more and also convicting both the petitioners under section ......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....o. 33 of 1997 convicting the petitioner under section 409/109 of the Penal Code to suffer rigorous imprisonment for 3 (three) years and also to pay fine of Tk. 1,21,000/- and in default to suffer simple imprisonment for 9 (nine) months more and also convicting the petitioner under section 471/......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..Category: Anti-Corruption Laws | Date: | Hits: 81