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Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....sbelieved her as well. I failed to understand why the learned counsel has referred this decision. In that case it has been observed: “In a criminal trial determination of a disputed fact is the main task before the Court and such determination is depended upon considerat...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....ent receipt of 1975 found the same erased or in other words tampered and the other two rent receipts relates to the period subsequent to the year of dispossession as claimed by the plaintiff. The undisputed position is that R.S. and P.S. records stand in the name of the Sitakunda Mela Committee an......ile the same, that the plaintiff failed to prove his case. 7. The plaintiff went on appeal. The appellate Court reversed the judgment and decree of the trial Court on the finding that Ext.1-R.S. khatian shows that the land in suit was recorded in the name of Sitakunda Mela Committee represented..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....n and other connected papers. 5. It appears that by the kabala in favour of plaintiffs' predecessor 1.20 acres of land was transferred by way of sale and the possession of plaintiffs was not disputed and accordingly the High Court Division held that the plaintiffs arc entitled to get a dec......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....aka, was renumbered as Misc. Case No.13 of 1984, for realisation of its dues amounting to Taka 68.46 lakh including compensation. In that proceeding Tapashee Shipping Lines Ltd., to which the disputed loan was granted, was made opposite party No.1 and its directors were made opposite p......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....t were considered while hearing the appeal. Moreover, it was found that the writ petitioner committed fraud and fraud vitiated everything and the writ petitioner hopelessly failed to prove that the disputed property is not abandoned property and did not vest in the Government. In the circumst......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ..Category: Property Law | Date: | Hits: 32
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
...., on the east Holding No.59/1 Purana Paltan and on the west Holding No.58/1-A. Purana Paltan, and in the said report conclusion was made to the effect that the respondent No.3 was the claimant of the disputed Holding No.58/1-A Purana Paltan and the respondent No.4 was the claimant of Holding Nos.59 ......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...Category: Criminal Law | Date: | Hits: 62
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....ow about the transfer in question. 13. There is another aspect of the case. Both the Courts bellow arrived at a concurrent finding that the pre-emptee was not a co-sharer in the tenancy. It is not disputed that Afsaruddin (father of the pre-emptor and pre-emptee) had become co-sharer in the tenan......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..Category: Property Law | Date: | Hits: 37
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Principal of Rangunia College, Chittagong as per notification dated 02.04.2003 without annexing any documentary evidence in supplementary affidavit which is not a admitted fact thus it is a disputed question of fact so it can not be decided under article 102 of the constitution in Writ Ju...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 121
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......sharer ship in the case jote, observing that the pre-emptor could not produce any deed in support of his claim of co-sharers hip by purchase in the case jote and that the persons named in the case khatian being RoR Khatian No.50 namely, Suruj Ali, Ahamed Ali and Samed Ali, were not made parties ..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....ing house therein whereas in their affidavits-in-opposition the Government contended that the concerned plots are still vacant and possession of the same was never handed over to any body and thus disputed questions of facts having been raised, the Court sitting in writ jurisdiction, will n......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ....... The defendant No. 3 contested the suit by filing a written statement contending, inter-alia, that Chhakkun Miah was the C.S. recorded tenant and thereafter the suit property was recorded in S.A. khatian in the name of Abdul Halim. It was further case of the defendant that the plaintiffs are th..Category: Civil Law | Date: | Hits: 94
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....ed just on furnishing of an indemnity bond by Philadelphia Bank International Inc, New York on the assumption that they were entitled to do so as the consignment in question in respect of the five disputed bills of lading consisting of perishable goods. It further appears that the stand of the d......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......man (P.W.2), Mosleuddin (P.W.4), Ruhul Amin (P.W.6) and others went upon the land belonging to the informant and others on Dag No.770 of M.R.R. Khatian No.1311 corresponding to Dag No. 240 of D.P. khatian No.1077 in mouza Ramgati in order to plough and plant "Aus" paddy. At that time a..Category: Criminal Law | Date: | Hits: 50
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ......ustam Ali Khan fabricated a deed of gift dated 11.10.1971 bearing No. 1249 purported to be executed by his father Moslem Khan in his favour in respect of entire 6.37 acres of land of the aforesaid khatian and filed an application before the assistant Commissioner (Land) Dumuria under sectio..Category: Criminal Law | Date: | Hits: 57
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ..Category: Property Law | Date: | Hits: 24
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 597. ...... dwelling house thereon. Other S.A. recorded tenant Noor Mohammad died leaving behind widow Deljan and after the death of Deljan defendant Nos.4-8 became the owner of the suit land and the present khatian was correctly recorded in the name of the aforesaid heirs. Since there was misundersta..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....d, That the decree holder filed a revision before the High Court Division and the High Court Division by order dated 25.09.1986 although set aside the stay order but failed to give decision on the disputed question with regard to auction sale on the basis of Certificate Case No. 55922 or wh......itioner on 30.10.1962 and delivered physical possession but because of Sudden death of Gonga Bangshi registration of the sale deed could not be completed. Besides, in the body of sale deed although khatian number was omitted and the area was written 2.99 acres in place of 3.99 acres but in the s..Category: Property Law | Date: | Hits: 25
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ..Category: Property Law | Date: | Hits: 22