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Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....erence by this Division. In the result, the appeal is dismissed and thereby the impugned judgment and order is confirmed. Ed. This Case is also Reported in: VI ADC (2009) 165. ......d thus committed an offence of cheating. 5. The High Court Division upon observing ".................the accused appellant after part payment the outstanding money to the opposite-party No. 2 informant on particular dates and in spite of this written undertaking he did..Category: Criminal Law | Date: | Hits: 32
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....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) 153. ......d the Court below to dispose of the miscellaneous case within a certain time and the High Court Division also failed to consider that the petitioners of C. P. No. 454 of 2005 being not made a party in the above Title Suit No. 94 of 1990, the ex parte decree dated 21.8.1993 passed there is ..Category: Property Law | Date: | Hits: 18
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ......2. The short facts necessary for the purpose of disposal of the petition are that the plaintiff-respondent-petitioners filed Title Suit No. 35 of 1999 against the defendant-appellant-opposite party No.1 for declaration of title and khas possession of the suit land. The plaintiffs state..Category: Property Law | Date: | Hits: 37
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....d any illegality or error of law so as to warrant interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 139. ......e dated 26.06.1994 passed in Other Suit No. 44 of 1994. 2. The facts, in short, are that the plaintiff-petitioner filed the aforesaid Other Suit No.44 of 1994 against the defendant-opposite party for declaration that the registered kabala deed No.3473 dated 01.08.1987 purportedly exe..Category: Property Law | Date: | Hits: 21
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....mitting written objection denying the contention of the pre-emptor in his petition, stating that the application for pre-emption was not maintainable in law, the same was barred by law and bad for defect of parties. The pre-emptor petitioner was not entitled to pre-empt the case land as he was n......aid land he built his residential house therein. The case holding in plot No. 12753 is to the contiguous north of his residential house in plot No. 12754. The petitioner came to learn from opposite party No.1, on 10.01.1997 for the first time that he purchased 12 decimals of land from case plot ..Category: Property Law | Date: | Hits: 25
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....of Gouranga Nanibala sold her entire share to Moniruzzaman on 24.12.1980. So, the pre-emptors acquired no title in the case land. The pre-emption is barred by limitation. The case is also barred by defect of parties inasmuch as Nanibala, Kiron Bala and Promila Bala (who are still living) are nec......s filed an application under Section 96 of the State Acquisition and Tenancy Act and in the alternative under Section 24 of the Non-agricultural Tenancy Act against the petitioner and opposite party Nos. 21-22 praying for pre-emption of the land of kabala dated 30.03.1986 alleging that..Category: Property Law | Date: | Hits: 28
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....y filing a written statement contending, inter-alia, that the plaintiffs have no locus standi to institute the suit and the suit is not maintainable in its present from and the suit is bad for defect of parties and in suit khatian Guru Das Datta had 7 annas 10 gondas, Girish Chandra had 1 a...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..Category: Property Law | Date: | Hits: 26
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ...... of an arrangement made by the parties concluded by saying, Where parties enter into an arrangement which is intended to create legal relation between them and in pursuance of such arrangement one party makes a promise to the other which he knows will be acted on and which is in fact acted on by..Category: Property Law | Date: | Hits: 28
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......ndra Ghose and Another……........Respondents Judgment March 14, 2005. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-record- For the Appellant. Ex-party- the Respondents. Civil Appeal No. 75 of 1999. ..Category: Civil Law | Date: | Hits: 71
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ......ed District Judge, refused to receive such petition. Ultimately the learned District Judge was pleased to dismiss the Miscellaneous Case in question. 6. On 30.10.1997 the defendant opposite party prayed for withdrawal of deposited C.P. cost of Tk.1,500/- which was rejected on 26.11.1997 b..Category: Civil Law | Date: | Hits: 85
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... in our opinion is of no merit. In the background of the discussions made hereinabove we find merit in the appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 65. ......only if it could be shown that the tribunal had acted without jurisdiction or made any finding upon no evidence or not considering any material evidence/ facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the ab..Category: Property Law | Date: | Hits: 29
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......ecretary of Sunamgonj Sadar Upazila Awami League was nominated as a candidate in the last parliament election and incurred displeasure and anger of the local MP belonging to the ruling BNP Jamat 4 party alliance. The petitioner has been discharging his duties and functions as the elected Chairma..Category: Criminal Law | Date: | Hits: 32
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....her held that P.W.2 in his cross-examination stated that one Md. Bayati and one Rakman Howlader possess the said land but Rakman Howlader has not been made party in the suit. So the suit is bad for defect of party. 10. The trial court and the court of appeal further held that the present s......rticular plaintiff. The courts below further held that P.W.2 in his cross-examination stated that one Md. Bayati and one Rakman Howlader possess the said land but Rakman Howlader has not been made party in the suit. So the suit is bad for defect of party. 10. The trial court and the court ..Category: Property Law | Date: | Hits: 28
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
.... the appellate Court concurrently held that the plaintiffs have title and possession in the suit land and they were subsequently dispossessed but the trial Court dismissed the suit on the ground of defect of party but the appellate Court did not agree with the trial court on this point and held t......late Court concurrently held that the plaintiffs have title and possession in the suit land and they were subsequently dispossessed but the trial Court dismissed the suit on the ground of defect of party but the appellate Court did not agree with the trial court on this point and held that the s..Category: Property Law | Date: | Hits: 21
Most. Buri Begum and others Vs. S.M. Abdul Malek and another, 2007, 36 CLC (AD)
....has got no merit. Accordingly, the same is dismissed. More so, this petition is barred by limitation by 30 days. Ed. This Case is also Reported in: VI ADC (2009) 86. ......e No.88 (4) 94 88(4)94/36(4)95 under Section 145 of the Code of Criminal Procedure directing the Officer-in-Charge, Nagarpur Police Station to hand over possession of the case land of the 1st party respondent and restraining the petitioners from entering into the case land. 2. The ca..Category: Civil Law | Date: | Hits: 92
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......missioner's report for deciding the actual area of the suit khatian and upon considering the report, if lawful, accept the same in evidence. That suit shall not abate for non-substitution of a dead party in appeal. Reference may be had to the case reported and 31 DLR (AD) 320 and the trial Court ..Category: Property Law | Date: | Hits: 23
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......ABINCO is not a borrower nor it stood as a guarantor for any loan availed by Tulip and having regard to the provisions of Section 6(2) of the Artha Rin Adalat Ain, 1990 which empowers an aggrieved party to file an application for setting aside an ex parte decree by depositing bank guarantee for a..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ...... provision many waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. Waiver of this kind depends upon consent and the fact that the other party has acted upon it is sufficient consideration. Where the waiver is not expressed, it may be ..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....quot;x 3" 5. Laceration on the inner aspect of bother lips. 6. Bruise on the right side of the chest size 2½ " x 2" 7. Congenital defect on the right foot. 25. The Doctor opined the "Death in our opinion was d......specific provision of the Code. But it is by now settled that the inherent power can be exercised (1) when there is no specific provision in the Code for the redress of the grievance of the aggrieved party and (2) to prevent the abuse of the process of any court or (3) otherwise to secure the ends o..Category: Criminal Law | Date: | Hits: 62
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
....ile such application because they have not been aggrieved in any manner as they are neither printers nor publishers of the books forfeited by the impugned order. 7. That apart from the legal defects of the Writ petition, the contents of the books forfeited show that by those writings and ......h is directed against the judgment and order dated 20.04.2005 passed by the High Court Division in Writ Petition No.7031 of 2004 rejecting the Application of the Petitioner praying for addition of party as a respondent. ..Category: Constitutional Law | Date: | Hits: 114
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