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HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... a misreading of the Order VII, rule 1, CPC came to the finding that the plaintiff was barred by estoppel from raising the issue of locus standi of the respondent Nos. 1, 2, 5 and 15 in view of the statements made in the cause title of the plaint in the Admiralty Suit No.11 of 1007. 5. It ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....se was proved beyond all reasonable doubt and non-consideration of such evidence resulted in miscarriage of justice. He next submitted that in the instant case an illegal and improper use was made of statements recorded under section 164 of the Code of Criminal Procedure of PW 2 and PW 3 although su......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....ice visited the place of occurrence, held inquest of the dead body, prepared seizure list, send the dead body for post-mortem and prepared sketch map of the place of occurrence, recorded statements under Section 161 of the Code of Criminal Procedure of the witnesses and completing......n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..Category: Criminal Law | Date: | Hits: 96
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
.... authority dismissed him from service on 31.10.1994. Then he, on 24.10.1994, filed departmental appeal which was rejected on 21.1.1996. 4.The petitioners contested the above case and filed written statements denying the material allegations and contending that the case is not maintainable, barred......ision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 298. ..Category: Administrative Law | Date: | Hits: 189
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....llegation. 4. Mr. Abdullah-Al-Mamun, learned Advocate, appearing for the petitioner submits that the instant case arose out of kidnapping the victim, but the victim stated in her statements recorded under Section 22 of the said Ain that she was in a house wherein she was tortur......nd no substances 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) 536. ..Category: Criminal Law | Date: | Hits: 52
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ......proforma defendant No.2 vide Sale Deed Nos. 214001 dated 28.8.1969 and 21960 dated 9.9. 1969 and also by purchase from Mansur and Mokbul Hossain vide Sale Deed No. 10516 dated 18.9.1969 and he paid rents to the government by mutating his name in the Khatian and enjoying the suit property peacefu..Category: Property Law | Date: | Hits: 26
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......;ferred his 30 decimals of land in favour of the plaintiff No.1 by a registered patta dated 9.6.1953 and also delivered possession and the plaintiff No.1 is possessing the said land by paying rents; Protap Chandra having died issueless laving behind his widow, Sundari Bala Shil, who along w..Category: Property Law | Date: | Hits: 34
Mozirullah and othÂers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
.... defendants have no right, title and interest in .7 acres of land of khatian No. 5. Hence the suit. 3. Defendant No.1 alone and defendant Nos.2 and 5-7 together filed separate written statements and denied the plaintiff's case. They admitted that there was an amicable partition......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..Category: Property Law | Date: | Hits: 33
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ality or infirmity 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: VI ADC (2009) 424. ......red his 30 decimals of land in favour of the plaintiff No.1 by a registered patta dated 9.6.1953 and also delivered possession and the plaintiff No.1 is possessing the said land by paying rents; Protap Chandra having died issueless leaving behind his widow, Sundari Bala Shil, who along ..Category: Property Law | Date: | Hits: 33
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & 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) 416. ......36/- and annas 4 only. Since then the plaintiffs have been possessing the suit land by cultivating the same through their men, growing paddy and enjoying the usufructs thereof. The plaintiffs paid rents to the private landlord and obtained Dakhilas but the same were lost during the period of lib..Category: Property Law | Date: | Hits: 23
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....o the plaintiffs filed the present suit for declaration title, recovery of khas possession and cancellation of the deeds. 3. The defendant Nos.1-10 contested the suit by filing written statements denying the material allegations made in the plaint. 4. The case of the defendants......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ..Category: Property Law | Date: | Hits: 27
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
.... to repay the entire loan within 7.9.03 but he failed. 3. The defendant filed written statement on 19.08.04 contending that the suit is bad for want for cause of action and also for want of statements of accounts and claim of the plaintiff is based on false and fictitious claim. The ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 383. ..Category: Civil Law | Date: | Hits: 95
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......n statement denying the plaint case and stating, inter alia, that the suit land was under khatian No.817 Mahiruddin and others were tenant under Hemayetullah. The tenants became defaulter in paying rents, the owner brought the land under his khas khatian under the provision 48(Ga) of the B.T. Act..Category: Property Law | Date: | Hits: 23
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......operties could not be a vested property under any circumstances as she had been enjoying and possessing the same by purchase and had mutated her name in the record of right and had been paying the rents to the Government regularly, that her vendor Probhabati Dasi, the respondent-opposite party N..Category: Property Law | Date: | Hits: 23
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
....e prosecution has not been able to prove the charge against them beyond reasonable doubt. 12. The victim only mentioned the name of Md. Fazal and could not identify any other persons and the statements of other witnesses who heard from the victim has been rightly disbelieved by the High Co...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..Category: Criminal Law | Date: | Hits: 38
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......1987 before a Notary Public, Bangladesh. Accordingly, the property was not in ejmali possession nor the petitioners have any title to it. Respondent Nos.1-3 got their names mutated by paying rents and subsequently respondent No. 5 also mutated his name in government sheristas and he kept ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....ent appellants case that the case building was in possession, control and custody of the Government since the promulgation of P. O. No. 16 of 1972 finds support from the writ petitioner's own statements of claim before the Court of Settlement. Further her subsequent stand that she left......ision Bench of the High Court Division making the Rule Nisi absolute. 2. The writ petition respondent contended in the writ petition that she was born in Tanzania in 1937 and that her parents migrated and were permanently domiciled as residents of Chittagong in 1947. The husband ..Category: Property Law | Date: | Hits: 42
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......nd the lower appellate court. It is borne out from the judgment of the lower appellate court in particular that besides the oral evidence the sale deeds and the S.A. Khatian on the basis of which the rents were alleged to have been paid by the plaintiffs through rent receipts have been duly consider..Category: Procedural Law | Date: | Hits: 36
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....orded statement of P.W.3, Tara Miah and P.W.5 Anwar Hossain on 09.06.1996. The alleged occurrence took place on 27.05.1996 and on the same date FIR was lodged and the investigation officer recorded statements of 9 witnesses on 27.05.1996 but after inordinate delay of 13 days, statements of P.W.3 ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....ly (1) copy of F.I.R. recorded at Joydebpur P.S. Case No.17(11)93 (2) the charge sheet in respect of the said case, (3) the order sheet of Magistrate, Gazipur, (4) copy of seizure list and (5) the statements of witnesses recorded under section 161 of the Code of Criminal Procedure, copy of which...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..Category: Property Law | Date: | Hits: 34
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