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Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ...... (2005) 553. ......ing over of possession by any other appropriate means which is akin or similar to delivery of possession. It cannot be said that the publication of the Gazette Notification dated 24.8.77 is in the nature of actually and effectively restoring or transferring the possession of the property in ques..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... is also Reported in: II ADC (2005) 548. ......the District Judge means final adjudication pronouncing judgment on the merit of the appeal which does not include the order of dismissing appeal in default. He submits that the dispute is of Civil nature and the District Judge's acts not as a persona designate but as a Court in deciding appeal ..Category: Trust/Waqf Law | Date: | Hits: 226
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....g or suggesting the inference that he committed a crime. 10. In Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47 Lord Atkin observed that “no statement containing self-exculpatory matter could amount to confession, if the exculpatory statement was of some fact, which......of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......fur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents Judgment November 12......itle Suit No. 160 of 1966 the plaintiff admitted that the Suitland has been recorded as government forest and that the present appellant has proved Ext. 1 the gazette notification in support of the nature of the suit land as the recorded government forest and as such in view of the provision of ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......der as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147....... the schedule of the notifications including the suit plots in the district of Dhaka. The Collector, Dhaka was appointed to act as Forest Settlement officer to inquire into and examine the existence, nature and extent of any right alleged to exist in favour of any person in or over any land comprise..Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......rit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......tion 4 of this Act it has been provided as follows: Effect of acquisition.- (1) All deeds, bonds, agreements, power of attorney, grants of legal representation and other instrument of whatever nature in relation to ESSO undertaking subsisting and having effect immediately before the appoin..Category: Tenancy Law | Date: | Hits: 149
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......(2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......judgment and order is liable to be set-aside. He also submitted that the passport of the Appellant was taken away without giving any opportunity of personal hearing in violation of the principle of nature justice and where in gross violation of the principle of natural justice an order passed mala..Category: Constitutional Law | Date: | Hits: 208
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......s Case is also Reported in: 37 DLR (AD) (1985) 193. ......te Officer before the sale was confirmed. 9. As it appears clearly, findings Nos. (i) to (iv) are concurrent and in total agreement with those of the trial court. But in respect of the nature of Golam Rahman's interest, whether it was a raiyati interest or a howla interest, and wheth..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......er as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......defendant, shall be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it. (2) In computing the period of limitation prescribed for any..Category: Procedural Law | Date: | Hits: 112
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......spondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......seized but no witness stated that it was seized from the road. P.W. U stated that he seized blood-stained earth from that place in presence of witness under seizure list Ext. 3 and Ext. 3/2 is his signature. Ext. 3 says that "কিছু রক্তমাখা মাটি” was seized. Th..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ...... Case is also Reported in: 37 DLR (AD) (1985) 164. ......ous settlement whereupon the plaintiffs again filed a proceeding against them all under section 144 Cr.P.C. and got a favorable order. Filing of these proceedings, which are quasi judicial in nature, simply shows that the petitioners' claim was sought to be thwarted in the absence of Priyab..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......ain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ....... Defendant No.1 will remain in overall charge of the Feni Regulator project and shall manage-and complete the unfinished work 5. All disbursements and withdrawals shall be made under the joint signatures of defendant No.1 and plaintiff No.1 on the basis of certificated bills. Provided that plain..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ion that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......f the deceased. The Medical Officer (P.W.3) gave the opinion that death resulted from multiple injuries, caused by blunt weapons such as kicks, fists, blows which were ante-mortem and homicidal in nature. Again P.Ws. 1, 2 and 4 stated that after a week Sattar Mir made a confessional stateme..Category: Criminal Law | Date: | Hits: 63
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......t charge. The other question, which is common to all the accused convicted, is whether the divergence, if any, between the evidence of the eyewitnesses and the medical evidence as to the nature of the injuries in the dead body may provide a sufficient ground for out right rejectio..Category: Criminal Law | Date: | Hits: 57
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......herwise disturbs the public peace and order, shall be punishable with fine which may extend to two hundred taka." 4. It appears that the disorderly behaviour, menacing in nature, causing annoyance to passenger need not be done in the street. If, by such act done in a hu..Category: Criminal Law | Date: | Hits: 39
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das ...... 7. Against this judgment defendant preferred Second Appeal No.26 of 1972 in, the High Court Division which affirmed the decision of the first appellate Court as regards the fraudulent nature of the partition deed and possession of the plaintiffs but set aside the judgment by holding..Category: Property Law | Date: | Hits: 38
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......d deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ...... the process of Court; that he has no connection in obtaining the decree through Court for which the instant proceeding against the petitioner is liable to be quashed; that this is a case of civil nature and criminal case will not lie in criminal Court and the learned Court below illegally frame..Category: Criminal Law | Date: | Hits: 64
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......he same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......g people assembled there to whom the accused Nazma, wife of deceased Sudhan Mia, disclosed that Sudhan Mia was murdered by unknown miscreants while went out of the room to respondent to the call of nature. People suspected accuse Jalal Mia, a student of N.I. Bhuiyan College, who had been lodging ..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 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) 338. ...... for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......he defence failed to create any crack in their evidence and the evidence of the doctor P.W. 1 showed that the victim died in receiving those 2 injuries which were anti mortem and homicidal in nature and thus the prosecution could prove beyond any shadow of doubt that the petiti..Category: Criminal Law | Date: | Hits: 38
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... Bimalendu Bikash Roy Choudhury J Mrs. Nirmala Bala Das..........Appellant Vs. Ganesh Chandra Dhupi………….Respondent Judgment August 11, 1998. Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record - For the Appellant Kazi Shahadat Hossain, Advocate, instructe...... long after making of settlement of the suit land with the plaintiff the learned Judge of the High Court Division erred in law in holding that on the basis of the entry in the S.A. record as to the nature of the suit property as homestead on being situated within Gopalgonj municipality, the plaint..Category: Tenancy Law | Date: | Hits: 163
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