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Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....through the impugned judgment of the High Court Division as well as the judgment so passed by the Additional Sessions Judge together with evidence on record. It appears that there is no procedural defect in the trial nor the learned Advocate for the petitioner ventured to submit so. It appe......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ..Category: Criminal Law | Date: | Hits: 43
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......ed the present plaintiff. The High Court Division further observed that in the said suit Alhaj Faruque Hossain did not say that he divorced the plaintiff. The statement made by the third party in this regard is not admissible in evidence against the plaintiff who was substituted defend..Category: Family Law | Date: | Hits: 150
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......such the judgment and order can not be sustained in law. 8. In a suit for declaration that the plaintiff has got right, title and interest in schedule -'Ka' of the plaint neither of the party i.e. plaintiff and defendant No. 1, has claimed the suit plot being R.S. plot No. 712 measuri..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....hy;sion in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing reli...... the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing reliance on th..Category: Property Law | Date: | Hits: 28
Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)
.... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ......e for re-hearing of the Rule upon setting aside the judgment and order dated June 16, 2003 making the Rule absolute. The High Court Division made the Rule absolute on the finding that the opposite party failed to make out a case that the heba was not acted upon. The appellate Court upon allowing..Category: Civil Law | Date: | Hits: 102
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
.... 5. The suit was contested by defendant No.1 denying the material averments made in the plaint and contending that the suit as framed is not maintainable and the same is bad for defect of party and that in the absence of seeking declaration of title and recovery of possession ......uit was contested by defendant No.1 denying the material averments made in the plaint and contending that the suit as framed is not maintainable and the same is bad for defect of party and that in the absence of seeking declaration of title and recovery of possession the suit i..Category: Property Law | Date: | Hits: 24
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. ......the Inquiry Committee along with the plaintiff, have been reinstated by the authority. As against the said contention of the plaintiff-petitioner the learned Counsel for the defendant-opposite-party submitted that the plaintiff made statement admitting his guilt although on the following da..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......ts was not prepared in the name of defendant’s predecessor but order was passed to record his possession in Col. 13. of the Khatian. Ext.9 is the copy of reply to the show cause filed by the second party Abdus Salam in a proceeding under section 145 of the Code of Criminal Procedure before Mr. S.A..Category: Property Law | Date: | Hits: 34
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
.... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ......onation of delay of 615 days. 4. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for the petitioner submitted that the limitation for impleading legal representative of a deceased party begins to run from the date of death of the party and not from the date of knowledge of the a..Category: Procedural Law | Date: | Hits: 75
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......কোন আপীল কার্যার্থে গৃহীত হইবে না৷ ......................" 23. On perusal of the aforesaid provision of section 41 it appears that any party in order to prefer an appeal against any order or decree of the Artha Rin Adalat is required t..Category: Civil Law | Date: | Hits: 132
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. .......L Abdul Bari, vital witness in the case. All these facts creates a strong doubt about the truth of the prosecution story. It may be mentioned that it is in the evidence of the members of the raiding party that they did not raise any hue and cry at the time of occurrence but they have stated in thei..Category: Criminal Law | Date: | Hits: 73
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....ned property; the acts and omissions of the government agencies as well as that of RAJUK led the petitioner to purchase the property treating the same as free from all encumbrances and legal defects as to the title and no apparent steps having been taken by the concerned authorities within...... laws relating to abandoned properties, the petitioner, a statutory corporation having no knowledge about the contents of the files referred to in the judgments under consideration and being not a party to the alleged irregularities and being a bonafide purchaser for value without notice, cannot..Category: Property Law | Date: | Hits: 41
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......s he lost his right of pre-emption by waiver and acquiescence. The Trial Court however found that the pre-emption case was filed within time and it did not suffer from non-joinder of necessary party. 5. Against the aforesaid judgment and order of the trial court the pre-emptor Md. ..Category: Property Law | Date: | Hits: 32
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ssession by a trespasser which cannot be protected by any Court of law. If the plaintiff has suffered anything due to the activities of the Government in leasing out the suit fishery afresh to 3rd party by putting it into auction. The plaintiff's remedy lies elsewhere but not by way of injunctio..Category: Property Law | Date: | Hits: 50
Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ......passed by a Single Bench of the High Court Division in Civil Revision No.4843 of 2005 allowing the calling for lower court records and dispensing with the service of notices upon pro-forma-opposite party Nos.2-13 of the revisional application. By the same order the High Court Division rejected th..Category: Employment/Service Law | Date: | Hits: 83
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ...... various sources that the plaintiff in not accepting the rent wanted to make him defaulter in order to evict the defendant No.1 from the suit premises in order to let the suit premises out to a third party at a higher rate of rent and as such, the defendant No.1 was compelled to file house rent Case..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....iff came to know on October 31, 1991 about the preparation of wrong record of right and thereupon he filed Other Class Suit No.61 of 1992 but withdrew on June 15, 1993 the same since there was formal defect and thereafter filed the instant suit. 4. The suit was contested by the defendant Nos.4-6...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......of Adalat Khan Chowdhury & other Vs. Province of East Pakistan reported in P.L.R 1959 Dhaka series 688 and submitted that in that case it was held that the Arbitrator can, at the instance of a party, review his order in accordance with law under Order 47 Rule 1 of the Code of Civil Procedure..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... heard before his sentence is enhanced. 39. Normally Appellate Division does not re-appraise the evidence unless the findings are perverse or vitiated by error of law or there has been substantial defect in the appraisal of the evidence leading to miscarriage or failure of justice. Where on the f...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
.... and 29 also filed separate applications praying for 'saham'. The common contentions raised in the written statements was that the suit was not maintainable in its form and frame, bad for defect of parties and without cause of action. 4. The written statement filed by defend­......t No. 28 on 15-6-1987, 0.02 acre to the plaintiff on 12-8-1987 and 0.09 acre to the plaintiff on 15-6-1987 by registered sale deeds. Ambia Khatun, mother of Umme Salma (predecessor of opposite party Nos. 1-10) purchased 0.70 acre of Plot No.125 from the heirs of Nizamuddin on 13-5-1955 ..Category: Procedural Law | Date: | Hits: 86