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Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
.... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 956. ......shy;missed. Ed. The Case is also Reported in: IV ADC (2007) 956. ......thereby maintained the share of the plaintiffs to the extent of 2.31 acres. 5. We have heard the learned Advocate-on-record. Although the learned Advocate-on-record took exception as to the nature of the judgment of the High Court Division but while we called upon the learned Advocate-on-..Category: Property Law | Date: | Hits: 19
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......sed. Ed. This Case is also Reported in: IV ADC (2007) 906. ...... truth is that substance and procedure cannot be relegated to clear cut categories. There are no preordained dividing lines between them which can be discovered by logic along, determining the nature of a rule as procedural or substantive cannot be done in the abstract. Although the two must..Category: Civil Law | Date: | Hits: 96
Alaluddin Vs. State, 1999, 28 CLC (AD)
....ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ...... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ......as refused on 2-5-99. On a subsequent application for the same relief, the impugned order was passed on 5-5-99 saying that the prayer for bail and stay was refused three days back considering the nature of the offence and that there was no cogent ground for review of the earlier order. 4..Category: Criminal Law | Date: | Hits: 50
Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)
..... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ....... Ed. This Case is also Reported in: V ADC (2008) 64. ......onstitution. 2) The impugned direction as to disclosure of academic qualification draws a dividing line between candidates of different qualifications and thus is discriminatory in nature and therefore the said direction is liable to be reversed. 8. The submissions ma..Category: Election Law | Date: | Hits: 124
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
.... 9. In the background of the discussions we find no substance in the petition. Accordingly the petition is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......is dismissed. Ed This Case is also Reported in: V ADC (2008) 61. ......t Nos. 1 and 2 are the contractors and they have converted the land is suit to a brick field upon paying compensation to the defendant No. 3's bargader, that defendant No. 7, a man of dubious nature, has set up the plaintiffs to file the suit. 5. As it appears from the judgment sough..Category: Property Law | Date: | Hits: 21
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ......f superior courts held in the facts and circumstances of the present case the suit should not fail for defect of parties and further the grounds taken in the re visional application are of general nature and there is no ground with regard to misreading of evidence, non consideration or misc..Category: Property Law | Date: | Hits: 19
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......t all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......sion of the land in suit on the basis of his title acquired by the kabala dated February 25, 1914. The appellate Court while dismissing the appeal observed that evidence of P.W.2 as to that the signature appearing in the deed of gift is of Mohendra Kumar Nath appears to be an apparent mistake an..Category: Property Law | Date: | Hits: 46
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
.... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ......s Case is also Reported in: V ADC (2008) 140. ......ession of the plaintiff-appellant vide Annexure-'A'. That the defendant No.2 is the wife of defendant No.1 and defendant Nos.3 and 4 are their sons. That they are men of desperate and dangerous in nature and during the war of liberation they with help of Noor Ahmed and local Chairman Abdul Wadud..Category: Property Law | Date: | Hits: 24
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......ly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......Rule obtained therein. The writ petition was filed challenging the legality of the Memo. No. 1221 (5) J, M, 60 dated 14.12.1991 of the Office of District Magistrate, Chittagong issued under the signature of the Magistrate, 1st Class, Sadar, Chittagong addressed to the Deputy Police Commissioner,..Category: Property Law | Date: | Hits: 36
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ...... Supreme Court Appellate Division (Civil) Present Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J St. Electronics (Infer Software System) Pvt. Ltd..................Petitioner Vs....... on 5.6.2006. In response, the World Bank by its letter 1 dated 25.6.2006 requested the respondent No.4, Bangladesh Bank, for review of its evaluation, since the deviations were mainly technical in nature and lapses were not substantial. ..Category: Business or Commercial Law | Date: | Hits: 110
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are disĀmissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ...... the same. Both the leave petitions are disĀmissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......anded over the papers of the suit property to one Zahiruddin, her close relation. A few days after, Zahiruddin taking the plaintiff in an office, took her L.T.Is. in stamp papers saying that those signatures were necessary to file cases for eviction of the tenants. In month of Aswin, 1394 B.S. the p..Category: Tenancy Law | Date: | Hits: 155
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ...... This Case is also Reported in: IV ADC (2007) 866. ......pears, on consideration of above, held that the prayer for amendment of the plaint sought for is quite in conformity with the plaint case and if the same is allowed that would in no way change the nature and character of the suit; the trial Court give the finding of possession of the suit land i..Category: Property Law | Date: | Hits: 25
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......der as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......927 executed by the C.S. recorded tenants in favour of the predecessors of the defendants and thereupon dismissed the appeal but made an observation which has no relevancy and also is of gratuitous nature to the effect since it is not certain how much land has been recorded in the R.S. khatian in..Category: Property Law | Date: | Hits: 19
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......e result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......ements of a few Indian High Courts were referred to by the learned Counsel. In Srimatijan Vs. Fulja Khatun, AIR 1941 (Cal.) 266 the question was raised whether the transfer concerned which was in the nature of an oral gift by a Muslim, was hit by section 26C of the Bengal Tenancy Act. In observing..Category: Property Law | Date: | Hits: 37
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......quot; had been found and the opinion recorded by Board was that death was due to asphyxia resulting from throttling which was antemortem and homicidal in nature. In inquest report marks of injuries had been noticed on the mouth and throat of deceased S..Category: Criminal Law | Date: | Hits: 51
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ......Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......ion is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......he suit land was described in the kabuliyat as cultivable land and the kabuliyat was granted for the purpose of cultivation and hence in the absence of any local verification to show that the nature of the suit land changed subsequently it must be presumed that the suit land remained as it ..Category: Property Law | Date: | Hits: 27
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......007) 646. ......o members committee for inquiry into the allegation made by Haque. The committee submitted its report with the finding that goods worth of several lacks were delivered from the godown under the signature of Mr. Motiur Rahman, the Executive Engineer in charge of the Zone and in the said report pl..Category: Employment/Service Law | Date: | Hits: 64
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
.... rape on the victim and then accused Dulal committed rape on the victim. The High Court Division further held that the confessional statements of the accused (exhibit 6 and 7) can not be termed as exculpatory rather those are very much inculpatory. 8. The High Court Division also took int...... matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......ccordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......beyond reasonable doubt. The learned Deputy Attorney General could not point out that the finding made by the High Court Division is contrary to the materials on record or that finding as regards the nature and quality of the prosecution case is contrary to the evidence on record or upon incorrect c..Category: Criminal Law | Date: | Hits: 73