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Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....idence, was beyond the scope of the revisional court to interfere with. Executants of the kabala Ext. 1 had no title to the land for transfer to the respondent. 14. Respondent filed his suit for simple declaration that the appellant's kabala (Ext. la) was false and fraudulent. This declaratio......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....terms of any statutory provision or in exercise of statutory power of the appellant but the contract being an ordinary commercial contract or contract of general nature or, in other words, a pure and simple contract, it comes to that the relief sought for and granted by the High Court Division in th......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......the occurrence. He stated that appellants Abu Taher, Abul Kashem, Noor Ahmed, Serajul Huq and Akhtarul Huq called deceased Abu Zafar last night at about 11-00 PM and done him to death upon inflicting injuries by dao, kirich and other weapons. He has seen the occurrence. He further stated that he c..Category: Criminal Law | Date: | Hits: 74
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
.... the passage quite against him. In section 6 of the Act the legislature exempted imposition of taxes only when the owner uses the lands and buildings for religious and charitable purpose. So, on a simple construction of the enactment it will appear that the appellant is not entitled to exemption......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......thers suddenly attacked the victim brother of the informant with deadly weapon like pipe gun, knife, tangi etc. One of the FIR named accused fired revolver shot upon the victim causing serious injuries. Thereafter, while the victim was being taken to the local hospital for treatment, on the ..Category: Criminal Law | Date: | Hits: 41
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......r Mail Train with a goods Train ND-5 UP at Singia Railway Station near home signal while the said good train was shunting at the Singia railway Station, resulting in casualties of death and causing injuries to a number of persons and the matter being thus informed a First Information Report was re..Category: Criminal Law | Date: | Hits: 43
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....d the suit upon assigning cogent reason. 7. Leave was obtained for consideration of the contention that as the title of the plaintiff was seriously challenged and consequent thereupon a simple suit for partition as could not be maintainable and the trial Court on consideration of......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
.... the Court finds that the power of attorney is bad, the only order that the Court can pass is under Order III rule 4(1). The Court shall debar the pleader to act for the party in the Court, for the simple reason that he has not been appointed for the purpose by or under a valid power of attorney a......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......ceased then left the motorcycle and started running but he fell down at a certain distance whereupon the appellant again fired two rounds hitting the deceased on the left chest and causing bleeding injuries. Seeing a van-driver nearby the deceased cried out for help and the van-driver then carried..Category: Criminal Law | Date: | Hits: 44
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....defendants contested the above suit by filing written statement contending, inter alia, that late Sheikh Abdul Hye, the then Managing Director of the defendant No.1, was an illiterate and simple man; Bangladesh Commerce and Investment Limited though not a bank, induced late Sheikh Abdul......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......he factory but did not get any response. Abdul Gafur then peeped through the window of the Ice Cream Factory and found his nephew deceased Md. Abu Salem Shablu lying on the floor with bleeding injuries. On getting such information, the informant went to the place of occurrence and after brea..Category: Criminal Law | Date: | Hits: 57
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....h Court Division was in serious error in not noticing the fact that the plaintiffs are out of possession of the land in suit and as such without the prayer for consequential relief the suit seeking simple declaration of title was not maintainable. 9. The learned Advocate-on-record in suppor......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......again returned to the mosque, surrounded it and started firing indiscriminately injuring one Syed and P. W 8 Kalilur Rahman, P. W 13. Musleuddin and others who were taken to hospital with injuries and the victim Syed succumbed to the injuries and hence a First Information Report was lod..Category: Criminal Law | Date: | Hits: 41
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ous sound and coming out from the house of Mr Awal he found the vehicle damaged to pieces and Judge Sohel Ahmed was found hanging from the vehicle while the other Judge Jagannath Parey was lying with injuries and that he found Mannan (P.W 14) and another person named Badsha Mia (P.W 11) also lying t..Category: Criminal Law | Date: | Hits: 213
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......of the chest of the deceased. The Doctor found injury measuring (a) 1-1/4' x 1-1/2" X 6" each; (b) 1" x 1/2" X skin. The doctor opined that death was due to shock and haemorrhage as a result of the injuries which are ante-mortem and homicidal in nature. In cross-examination the doctor found semi-d..Category: Criminal Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
.... eviction was filed in 1940 and, further, no documentary evidence being there that the tenancy right of the appellant's predecessor was perfected under the Non-Agricultural Tenancy Act the suit for simple partition was not maintainable without a prayer for declaration of title to the suit land......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......dealt rajor blow upon her causing bleeding injury and then the accused respondent and other accused jointly took Monira in front of Red (lal) Hospital and then accused respondent inflicted several injuries upon her by Chinese rajor causing profuse bleeding and apprehending her death they ab..Category: Procedural Law | Date: | Hits: 100
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....C.C. Suit No. 160 of 1985 in which the trial Court dismissed the suit for eviction of the appellant from the suit premises. 2. The suit was filed by the plaintiff-respondent on the simple allegation that the appellant has been carrying on a snack bar business under the name ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 33
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ealt a blow by a dagger in the palm of the right hand and accused Mofizuddin and Abdur Rahman inflicted dagger blows at various places of the body of the deceased. 5. The deceased succumbed to the injuries after half an hour of the arrival of the inmates of the other huts of the house. 6. P.W...Category: Criminal Law | Date: | Hits: 44
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... Civil Revision No. 3656 of 2003 making the Rule absolute. 2. The predecessor of the plaintiff instituted Title Suit No.47 of 1999 in the 2nd Court of Joint District Judge at Narayangonj for simple declaration of title in respect of suit land against the defendant. 3. The defendant......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28