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Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....om other reasons his own statement in cross-examination that he did not make any statement to the Police is sufficient to raise doubt about his veracity. He is a graduate. But he made contradictory statements in his cross-examination. While he said that he did not make any statement to the Police,......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. ..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....ed alamats under proper seizure list. Subsequently S.I. Rupok Kumar Saha also took up investigation of the case. During investigation he also visited the place of occurrence, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. The condemned......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. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....sons and the lessees are in possession, that plaintiff has no right, title and possession in the land in suit, that to grab the Government's property plaintiff has filed the suit making untrue statements as well as on the basis of manufactured papers and as such the suit is liable to be dis......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....Nos. 2-7 were appointed arbitrator in pursuance of a deed of Ekrar Nama dated 29.4.1985. Respondent Nos. 2-7 then served notice upon both parties who duly appeared and submitted their written statements and documents in support of their respective claims. Both parties also made their o......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..Category: Property Law | Date: | Hits: 41
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....acres of land in Plot No. 25 by fencing, earth filing, planting trees and constructing houses therein. The defendant Nos. 3 and 4, the respondents herein, contested the suit by filing joint written statements denying the material averments made in the plaint and contended, inter alia, that the......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ..Category: Civil Law | Date: | Hits: 116
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
.... an Advocate and they filed solehnama and on the basis of the said solehnama the suit was decreed, that the solehnama so filed was quite genuine, that the plaintiffs have filed the suit making untrue statements. 5. The trial Court decreed the suit on the finding that the suit is not bad for defec......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
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......24-05-1968 sold entire land of 6.24 acres by sale deed No. 8855 to the plaintiff. After purchase the plaintiff possessed the suit land by mutating his name in the record of right and paid the rents and thereafter the name of plaintiff was correctly published in R. S. record. The plaintiff u..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....nbsp; the standing structure and not to accord permission to sell the property. 4. Respondent Nos. 2-4 contested the Civil Revision Nos. 4754 of 2003 filing counter affidavit and denying the statements made by the respondent No.1. During pendency of the Civil Revision No. 4754 of 2003, the......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....der of conviction and sentence is liable to be set aside. 63. Mr. Abdur Rezaque Khan, learned Additional Attorney-General appearing on behalf of the State, submits, inter alia, that in view of the statements made by the petitioners in reply to the charge, in their statements under section 342 of ......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. ..Category: Criminal Law | Date: | Hits: 213
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....ile the aforesaid money suit was filed against the defendant-petitioner and the respondent No. 2. 6. Both the suits were contested by the defendant-petitioner filing written statements denying material allegations made in the plaints. 7. The learned Subordinate Judge and......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
.... mark on articles produced by other manufacturers the company abused its trade mark and violated the provisions of Trade Mark Act, 1944. 8. In its affidavit-in-reply the Company reiterated its statements made in the writ petition and further stated that there was no case of abuse of trade m......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
....he informant. He stated in cross-examination that there is no name of any accused in the FIR. 4. The Assistant Sessions Judge found on scrutiny of the record that there were seven confessional statements made by seven accused persons before a Magistrate on 25.12.81. He observed in his judgm...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
.... 1940. The appellant averred that no non-agricultural tenancy right was acquired by both the plaintiff and the defendants when the suit for eviction was filed in 1940. The omission to notice the full statements in the plaint is not material, because the appellant's admission in the plaint, althoug......dants are in possession of the disputed property by inheritance from their father who had exclusive interest and title in the same. Since 1943 it is the father of the defendants who had been paying rents and taxes. 4. It is the concurrent finding of both the Courts below and the High Court Divi..Category: Tenancy Law | Date: | Hits: 169
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
.... Bangla” …………………… Thereafter charge sheet also has been submitted in the case. 9. On perusal of the aforesaid statements in the First Information Report we are unable to agree with the learned Counsel that th......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....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. ......ce. On the contrary the appellant filed House Rent Case No. 110 of 1982 before the House Rent Controller and the 1st Court of Munsif, Dhaka on 8-4-82 against the plaintiff for depositing of arrear rents in his favour and the said case was dismissed for default of the appellant on the date o..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....at at the time of last survey the land has been recorded in the name of the Government in khas khatian No.1, that the land at all time was khas land, that plaintiffs have filed the suit making untrue statements and as such the suit is liable to be dismissed. It may be mentioned although Government f...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....roduce the evidence before the Court to establish that the document in question is a fraudulent one. The plaintiff tried to obtain a decree m collusion with the defendant Nos.1-5 making untrue statements but the said attempt has been frustrated because of the contest made by the defendant No...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....02.2001 5,00,000.00 Total Tk. 4,85,00,000.00 6. That the petitioners submitted and handed over to respondent No.3 all the relevant applications particulars, statements, photos, declarations for sponsors shares in the name of the petitioners and also their......ioner No.1 neither applied nor paid any money to the Bank for any shares. He also cannot be a director of the Bank because on his own showing he is a director in another Bank. On the application of parents shares cannot be allotted to their children. It any person has taken any money from them, it m..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....da Shahjeda Hossain and Gereen Ghose got themselves added as respondent Nos.6 and 7 in the said Writ Petition No.5350 of 2000 but respondent No.6 alone filed affi-davit-in-opposition in line with the statements made by them as writ petitioners in Writ Petition No.6140 of 2000 and opposed the dep......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......ion of the same to her immediately divesting herself from all interest and since then the plaintiff has been possessing the same on cultivating the same through her husband and also by paying rents to superior landlords and her name has been correctly recorded in R.S. Khatian No. 104 during..Category: Property Law | Date: | Hits: 27
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