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Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)

....e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ......osition is that while compromise petition was filed before the High Court Division the appellant was shown to have been represented by the learned Advocates md. Mihir Kanti Majumdar and Mr. Swapon Kumar Datta. The appellant categorically asserted before the High Court Division that he had never ...... Court Appellate Division (Civil) Present Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Kanai Lal Roy.... ..............Appellant Vs. Swaraswati Roy alias Srimati Swaraswati Roy and others............Respondents Jud......e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 62

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......Sukhendu Nath Saha and others…………………………….Appellants Vs. 1. Hamangini Saha being dead her heirs 1 (a) Swapan Kumar Roy and others……….Respondents Judgment March 21, 2006. ...... Md. Ruhul Amin J Md. Tafazzul Islam J Sree Sukhendu Nath Saha and others…………………………….Appellants Vs. 1. Hamangini Saha being dead her heirs 1 (a) Swapan Kumar Roy and others……......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 23

Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)

.... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... Ed. ...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......ffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladhar, defendant No.1 and Bharat Chandra in 8 annas share and Abbari Barmani in 8 annas s......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 37

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. ...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. Judgement..

Category: Property Law | Date: | Hits: 32

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......tion he submitted charge-sheet against the respondents and acquitted accused under sections 302/307/201/34 of the Penal Code. During trial 22 witnesses were examined by the prosecution. PW 1 Bimal Kumar Das being the informant as well as Investigating Officer was examined again as PW 23. The hus......, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..

Category: Criminal Law | Date: | Hits: 129

Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)

....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......n (Criminal) Present Mainur Reza Chowdhury J K.M. Hasan J Syed J. R. Mudassir Husain J Abdus Salam alias Md. Abdus Salam................Petitioner Vs. Samala Bibi and others.........Respondents Judgment May 22, 2002. ...... dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 37

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......ong them, Kali Kishore Dutta, Kali Prosanna Dutta and Kali Sankar Dutta appointed Md. Nasiruddin of Sawgat as their attorney to manage the prop­erty of the deity in the then East Pakistan; Sreemanta Kumar Dutta, son of Kali Kishore Dutta, who remained in the then East Pakistan along, also gave simi......rth as he went to India with a stu­dent visa holding a Pakistani passport and that in the case of Government of Bangladesh vs. Ms. Ispahani 40 DLR(AD) 116 and in the case of Government of Bangladesh Vs. Pro­fessor Golam Azam 46 DLR(AD)192 it has been held that a citizen by birth is a citizen of th......aving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner to perform the function of the shebait on his behalf………..(11) Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Peti..

Category: Civil Law | Date: | Hits: 111

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......r vs State 38 DLR 270; Thakur Nirman Singh vs Thakur Lal Rudra Partab Narain Singh AIR 1926 PC 100; Malik Fateh Khan vs Nazibullah Khan 9 DLR WP 40; SM Lutfullah vs Bibi Badrunnessa 20 DLR 1019; Ajit Kumar Sarkar vs Radhakanta Sarkar 44 DLR 533; Nur Ahmed vs Kalimuddin Ahmed 1987 BCR (AD) 152; Chitt......1) 21. ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......) 14. ..

Category: Criminal Law | Date: | Hits: 63

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March......Hossain, Mir Abdul Ali V. Md. Rafiqul Islam, 40 DLR (AD) 75. Lawyers Involved: Asrarul Hossain, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Appellant. Abdus Salam, Advocate instructed by Nawab Ali, Advocate-on-Record— For the Respondent Nos. 1-3. ..

Category: Procedural Law | Date: | Hits: 119

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......erefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rahman J ATM Afzal J Nur Mohammad............................………………………………………Appellant Vs. Badruddoza Chowdhury and another.....................................Respondents Judgmen......r defaulter in payment of the loan and the law says such person is disqualified for holding office of the Chairman………………..(15 & 17) Cases Referred to — 40 DLR (AD) 10; Sheikh Abdus Sabur Vs. Return­ing Officer, 41 DLR (AD) 30. Lawyers Involved: Dr. Kamal Hossain, Seni..

Category: Election Law | Date: | Hits: 124

Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)

....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......il) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Bangladesh, represented by the Deputy Commission­er, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another..............................Respondents Judgmen......Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Bangladesh, represented by the Deputy Commission­er, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another..............................Respondents Judgment. Ju..

Category: Procedural Law | Date: | Hits: 132

Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)

.... of a modern progressive Society, an educational institu­tion is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... Reported in: 42 DLR (AD) (1990) 59. ...... of a modern progressive Society, an educational institu­tion is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... of a modern progressive Society, an educational institu­tion is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ..

Category: Family Law | Date: | Hits: 157

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

.... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ....... Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of eyewitnesses cannot be discarded………………..(47 & 54) Cases Referred to— Nazir Vs. State 14 DLR (SC) 159; Niaz Vs. State 12 DLR (SC) 289; Bhagwan Swarup Vs. State of Maharashtra, ...... There is no dis­pute about the murder, but the dispute is as to whether these appellants were the murderers. Siraj Ahmed was living in the house of his father-in-law as well as maternal uncle, late Abdus Salam of the same village. Seraj was Salam's domesticated son-in-law having married his only i..

Category: Criminal Law | Date: | Hits: 52

Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)

.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... 31 DLR (AD) (1979) 123.......t Nos. 1202 and 1203 along with six other plots (1204 to 1209 were recorded in C.S. Khatian No.39 of mouza Debanagar, P.S. Daulatpur, District Khulna in the name of Ujiruddin Shaikh, Nayan Shaikh and Abdus Samad Shaikh in equal shares as under raiyats with right of occupancy under the raiyati record..

Category: Property Law | Date: | Hits: 33

Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ......R (AD) (1979) 109. ......) 109. ..

Category: Property Law | Date: | Hits: 32

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......R (AD) (1979) 88. ......76) 28 DLR (AD) 5; Behari Lal Roy Vs. Pullin Behari Paul, 38 CWN 654; Surabala Basu Vs. Rukmini Kanta Barman Roy, 42 CWN 288; Monoran Chatterjee Vs. Pavari Mohan, 43 CWN 220; Srimati Monkushi Das Vs. Abdus Sobhan Mia and others (1977) 29 DLR 195; Makhanlal Nag Vs. Reajuddin Sepai (1961) 13 DLR 323; ..

Category: Property Law | Date: | Hits: 32

Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)

.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......ahomed Golab vs. Mahomed Sulliman ILR 21 Calcutta series, 612. Flower vs. Lloyd, 10 Chancery Division, 327. Muktamala Dasi vs. Ram Chandra De and others A.I.R. 1927 Calcutta, 84 (31 C.W.N. 258).Sarat Kumar Roy vs. Dharmadas Bhattacharjee 42 C.W.N. 375. Kunjabehari Chakrabarty vs. Krishnadhone Majumd......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. Judgment June 20, 2005. Cas...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..

Category: Property Law | Date: | Hits: 38

Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)

....= 3 BLC (AD) 177. Lawyers Involved: Md Fazlul Karim, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Appellants. Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Abu Siddique, Advocate-on-Record—For Responden...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 36