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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. ...... 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. &......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. ......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

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. ...... 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 Sheikh Fa......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. ......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. ..

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. ...... 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. ...... 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. ...... 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. ......of the lower appellate court. 9. We have considered the submissions and perused the materials on record. 10. It appears that the plaintiffs explained the circumstances preventing them from making payment of the balance amount of salami stating, inter-alia, that they in good faith pa......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. ......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. ..

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. ......facts are that the petitioner filed the above mentioned writ petition chal­lenging Memo dated 17.08.2005 issued by the respondent No. 3 refusing to extend the lease area of the writ petitioner from exist­ing 4 hectors to 20 hectors of land of the same Mouza. 3. The High Court Divi......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. ...... J Abdur Rahim………………Petitioner Vs. Government of Bangladesh, rep­resented by the Secretary, Ministry of Power, Energy and Mineral Resources, Bangladesh Secretariat Building, Ramna, Dhaka-1000 & others .................Responden..

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. ......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. ......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. ......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. ..

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. ......Court to prevent miscarriage of justice or to correct grave and palpable errors com­mitted by it. In the instant case no such glaring omission or patent mistake or grave error has been crept up from the impugned judgment and order. Moreover the appellant petitioner has totally failed to show ......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. ......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. ...... District Judge), and Commercial Court No.1, Dhaka praying for decree for a sum of Tk. 25,80,14,191.00 against the defendant appellants towards compensation on the averments that they obtained loan from Bangladesh Shilpa Bank to set up an industry for manufacturing electric bulbs and they also ob......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. ..

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

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

....d by them. P.W 6 was the employee of the plaintiff No.1 and is the lone witness who deposed about the time of accident. In the facts and cir­cumstances of the case there was require­ment of corroboration of the evidence of P.W. 6. The High Court Division, in our view, was quite correct i......s and Fibres Ltd. a Private Limited Company (plaintiff No.1) is the owner of oil Tanker, M.V. Tapash (plain­tiff No.2), that the said oil Tanker loaded with 4,06,000 liters of kerosene started from Fatullah Ghat for Bhairab Bazar and while reached near Baktabali Ghat within Police Station Fa......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. ......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)

....tion 164 Cr. P.C. and does not at all demon­strate that those are not inculpatory and so the Court can rely upon those confession­al statements for the purpose of conviction and no further corroboration is necessary so far those related to the condemned peti­tioner and accused Rokeya...... did not like illegal relationship established between her mother, accused Rokeya Begum, and the condemned petitioner, accused Rokeya Begum and the condemned peti­tioner decided to wipe out her from the world; accordingly on 16.6.2000 they, on the plea of visiting the house of maternal uncle ......ppeared to have suffered from falsehood and so the testimonies of PWs 1,2,3 and 4 who proved the above extra-judicial confession, are worthy of credit and moreover, PWs 9 and 15 are absolute­ly independent witnesses and they had no rancor whatsoever with accused Rokeya Begum and the extra-ju......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. ...... Code of Criminal procedure we are 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...... 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. ...... 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. ......laimed to be tried. 5. The prosecution examined 20 Pws. all whom were cross-examined by the defence. The defence did not examine any witness. 6. The defence case as could be gathered from trend of cross-examination of prose­cution witnesses is total denial and his case, inter-a......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. ......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. ..

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. ......ed to the 3rd Court of Senior Assistant Judge and renumbered as S.C.C. Suit No.4 of 2002; that in the said S.C.C. suit the petitioners were impleaded as defendants with a prayer for their eviction from the suit premise alleging, inter alia, that the defen­dants were inducted as tenants in th......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. ......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. ......ourt of Subordinate Judge (now Joint District Judge), Rajshahi. In that suit Morzia Khatun admitted that she was benamder. Thereafter, Alhaj Faruque Hossain died. The present plaintiff was brought from India by her relation Kazi Abdus Sami and she was married with late Alhaj Faruque Hossain on 2......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. ......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. ......nter alia, that the father of the defendant No. 4 purchased the disputed land by auc­tion sale on the benami and he was put into possession on 19.12.1955 evicting Sometro  Tara and others from the suit property and settled 2 kathas of land in the name of Somerto Tara for her living ther......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. ......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. ..

Category: Property Law | Date: | Hits: 30

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in:  IV ADC (2007) 672. ......if (now Assistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3. The case of the plaintiff, in short, is that the land in suit, wh......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in:  IV ADC (2007) 672. ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in:  IV ADC (2007) 672. ..

Category: Property Law | Date: | Hits: 28

Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)

....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..

Category: Property Law | Date: | Hits: 28

Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)

.... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ..

Category: Civil Law | Date: | Hits: 102

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......pired. 5. As it appears the High Court Division made the rule absolute holding that there is no dispute as to the fact that the suit land was taken settlement by the father of the plaintiffs from the original landlord upon execution of a registered kabuliyat in the year 1943 and the langu......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..

Category: Property Law | Date: | Hits: 27

Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......ossession in schedule-1 land measuring 76 decimals upon declaration of his title therein and also for a decree for perma­nent injunction on the averments that the plaintiff by taking settlement from the landlord was in possession of the suit land for long time by developing it, planting tree...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..

Category: Civil Law | Date: | Hits: 83