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Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149.......Rule without considering the materials on record. The learned Advocate-on-Record further submitted that the High Court Division committed a manifest error of law occasioning failure of justice in not holding that Section 47 of the Artha Rin Adalat Ain, 2003 has put an embargo on claiming interest mo..Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......y except the suit land and if he is compelled to transfer the suit land to the plaintiff he will suffer irreparable loss and injury. 4. The learned Assistant Judge, after hearing, decreed the suit holding that defendant No.1 has not taken any step to show that his transaction with the plaintiff a..Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....27 of 1972 placing the same under the respondent corporation is not immune from challenge. Refuting the appellant's contention that the writ petitioner appellants' claim of shares in the company is a disputed question of fact which cannot be decided in the writ jurisdiction the High Court Division f...... review petition for leave to appeal is directed against the judgment and order dated 04.06.2007 passed by this Division in Civil Appeal Nos. 33-34 of 1997 and 40 of 2000 dismissing the appeals and upholding the judgment and order dated 18.07.1994, 19.07.1954 and 20.07.1994 passed by the High Court ..Category: Business or Commercial Law | Date: | Hits: 195
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
.... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......ischarged the Rule. 5. We have heard the learned counsel perused the records and also judgment and order of the High Court Division. 6. As it appears the High Court Division discharged the sute holding that the defendant No.1 claimed title and possession of the suit land on the basis of the ka..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....as appointed to submit a report and objection was filed against that report. But the report of Advocate Commissioner was not finally accepted; that the Advocate Commissioner mentioned the area of the disputed Khatian as 709 sahasra aungsha when the plaintiffs do not admit this area as genuine and th...... in the three huts and the plaintiffs are in possession of the land through the tenants, the defendants, that defendant No.1 upon executing an agreement of tenancy for 5 years entered into the hut in holding No.1075 at a monthly rent of Tk.100.00, that defendant having not cleared the rent, a suit, ..Category: Property Law | Date: | Hits: 64
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......aneous Appeal No.43 of 2007 in the Court of District Judge, Bogra, and by judgment and order dated 22.7.2007 the learned Additional District Judge, Bogra, who heard the above appeal, allowed the same holding that the acceptance of the bid of the respondent No.1 treating the same as highest bid was i..Category: Civil Law | Date: | Hits: 89
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....ing for the petitioners submitted that the preemption case has been dismissed by the lower Appellate Court, which has been approved by the High Court Division, on misconception of fact and law. The disputed case holding being appertained to raiyati khatian and situated in the rural area it cannot ......titioners submitted that the preemption case has been dismissed by the lower Appellate Court, which has been approved by the High Court Division, on misconception of fact and law. The disputed case holding being appertained to raiyati khatian and situated in the rural area it cannot be treated as ..Category: Property Law | Date: | Hits: 76
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ...... the judgment and order dated 14.1.2004 passed by the High Court Division in Criminal Appeal No. 2114 of 1998 dismissing the appeal with modification of the sentence in respect of imposing fine and upholding the judgment and order of conviction and sentence dated 20.8.1998 passed by the learned Judg..Category: Criminal Law | Date: | Hits: 76
.... decision 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: 19 BLT (AD) (2011)163....... and perused the petition, the impugned judgment and order of the High Court Division and also other connected papers.
5. As it appears the High Court Division rejected the writ petition summarily holding that on or about 25.3.2007 Agrani Bank instituted Artha Rin Suit No.22 of 2007 against the p..
Category: Civil Law | Date: | Hits: 77
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135.......sumption and surmise; that the High Court Division without discussing the evidence of the prosecution witnesses and without considering the materials on the record came to the conclusion illegally in holding that they found no cogent ground to interfere with the judgment and order of acquittal passe..Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....-2006 and thereafter defendant No.1 (a) to 1(e) filed written statement not as heir of defendant No.1. 14. In the written statement defendants totally denied the plaint case. It is their case that disputed property was allotted to their father, deceased Shamsul Kabir Humayun Reza who was BSC Engi......n in Civil Revision No.4608 of 2004 and High Court Division by judgment dated 18-7-2005 taking view that in suit for Specific Performance of Contract 3rd party cannot be added, made the rule absolute holding that 1(a) to 1(e) are the heirs of Shamsul Kabir Humayun Reza of Mirpur and it appears that ..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......esence of so many people was not corroborated by any other witness, particularly by Bacchu who was withheld by the prosecution. Thus, the learned Additional Sessions Judge committed error of law in holding that the statement of the P.W.14 is corroborative evidence in committing the murder. 73. ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......is vague and indefinite and on this ground alone plaintiffs' prayer for recovery of possession is liable to be dismissed. He further submitted that Sirajbi Bibi is an admitted co‑sharer of the suit holding and on the basis of purchase from her in the year 1947 defendant Nos. 8 and 10 and their bro..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....laintiff he sold 0028 decimals of land but the defendants fraudulently included 003 decimals of land in the impugned deed in collusion with the scribe. The plaintiff did not deny the execution of the disputed deed. Besides claiming title, the plaintiff sought for rectification of the impugned deed u......vidence of any oral statement shall not be given for contradicting, varying, adding to or subtracting from, the terms of the document. In view above, the High Court Division is perfectly justified in holding that there is no ambiguity with respect to the area of land transferred by the deed 10th Dec..Category: Property Law | Date: | Hits: 49
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......) held by him, with reference to a Nathi No. " দুদক/১১৮-২০০৭ (অনুঃ২)" it has been transpired that in between 01.01.1999 to 31.12.1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the C..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......orban Ali by a registered kabala dated 5.3.1973 who subsequently sold to the petitioner by a registered kabala dated 30.1.1974 and handed over possession and the petitioner became owner in the case holding as a co-sharer by inheritance as well as purchase. The opposite party Nos.2 and 3 mortgaged..Category: Property Law | Date: | Hits: 91
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....power for taking cognizance of an offence though there may be other Special Judge within the territorial jurisdiction and the Divisional Special Judge having wider territorial jurisdiction. It is not disputed that only the Senior Special Judge has got the jurisdiction to take cognizance of an offenc......: "The question whether any sanction was required for the prosecution of a public servant who was not a public servant at the time when the prosecution was started against him his been answered by holding that in such a case sanction for prosecution was not necessary." 19. Third point agitated..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......ommission illegally and without any jurisdiction issued an order which cancelled the election result of ward No.3 of Musapur Union Parishad and directed the Returning Officer to take proper steps for holding fresh poll by the impugned order, the legality of which is now being challenged before us. ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....ages but possession of the land. He brings his action against the person actually in possession." 14. This passage is actually referring to a case where the precedent title of a third party is not disputed. Apart from that, the passage strictly speaking, will imply that only all those persons who......se as the facts are quite different. In the said case the plaintiff filed an ejectment suit against the sole defendant claiming her to be a temporary monthly tenant and alleged that the defendant was holding over the property even after the expiry of the lease. The defendant denied a landlord‑tena..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......he Code of Criminal Procedure, the special case should be tried as per the procedure laid down by the special law and the special law would get preference to the general law. 18. The provision for holding trial in absentia has been laid down in section 27(6) of the Special Powers Act, 1974, which..Category: Criminal Law | Date: | Hits: 86
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