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Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......Division in Civil Revision No. 4754 of 2003 and Civil Rule No. 08(R) of 2004 arising out of the said civil revision discharging as infructuous and also disposing of the application for addition of party of the present petitioner and disposing of Civil Rule No. 74(R) of 2004 arising of the said c..Category: Property Law | Date: | Hits: 33
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......e gate." 8. Mr. Ajmalul Hossain QC, learned Counsel appearing for the respondent No.1, on the other hand opposes the petition submitting, inter alia, that the present petitioner was not party in the writ petition nor is an aggrieved person under any consideration and as such the petit..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
.....1 and 2 contested the suit by filing written statement denying the material averments made in the plaint and contending, inter alia, that the suit is not maintainable and the same is bad for defect of parties as well as is barred by limitation and there is no cause of action, that Khe......ody is quite aware of the said matter. It appears the requiring body in the background of the decision of the competent authority derequisitioning .57 acre out of .85 acre has not, inspite of being party, contested the suit at any stage disputing or questioning claim of the plaintiffs. In..Category: Property Law | Date: | Hits: 40
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......er and the petitioner was fully aware of the date of peremptory hearing of the suit and intentionally allowed the suit to be disposed of ex parte with the object of harassing the plaintiff-opposite party. It was also contended that the Miscellaneous Case was barred by limitation and, as such, lia..Category: Civil Law | Date: | Hits: 112
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....t on the 7th January, 1992, but the suit was filed on February 13, 1992 and in that state of the matter it was held that the contention of the defendants that the notice terminating the tenancy was defective/invalid was of no merit. The High Court Division on consideration of the evidence he...... than one, any one or more of them may be authorised by any other of them to appear, plead or act for such other in any proceeding. (2) The authority shall be in writing signed by the party giving it and shall be filed in Court". 11. On reading the provision of Order ..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... "Since the suit land is a part and parcel of land where other 3 brothers have got dwelling house, it is an adjacent land and part of the suit plot. It is admitted that the plaintiff-opposite party is a stranger purchaser.......In the instant case, it is found that the suit land is a contig..Category: Property Law | Date: | Hits: 44
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ...... during April May 2005 he saw a man selling honey and on query the man disclosed his name as Mehdhi and used to come to his shop off and on and that Mehdhi told him that he was linked with an Islamic party and through constant discussion the witness also felt interested in Islamic party and seeing..Category: Criminal Law | Date: | Hits: 213
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......se, in short, is that, one day before the date of occurrence accused respondent Mohammad Kha along with others forcibly entered into the house of the informant and cut a coconut tree. The informant party resisted them as a result of which the accused persons could not take away the coconut tree an..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....uraged the appellants to purchase the same. 3. The learned Munsif by Judgment and order dated 16.5.81 held that the pre-emptor was co-sharer in the case holding, that the Misc case was not bad for defect of parties, that it was not barred by limitation but it was barred by estoppel, waiver and ac......ory provision may 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 express, it may be impl..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......y informant Bazlur Rahman and other witnesses started beating Alimuddin. On getting information Alimuddin's brother appellant Abed Ali and his other companions went there and resisted the informant party. As a result there was a scuffle between the parties and it was not known by whose blow the vi..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......ed to be carried out. After reviewing certain English cases it was observed: "That even though the case did not fall within the terms of section 115 of the Evidence Act, it was still open to a party who had acted on a representation made by the Government to claim that the Government shall ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......04 and rule was issued against the present petitioners. The High Court Division by impugned judgment and order dated 13.12.2004 made the rule absolute. Plaintiff-petitioners and defendant opposite party No.5 i.e. the Deputy Commissioner, Gazipur and their agents have been restrained by an order ..Category: Property Law | Date: | Hits: 48
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....riminating evidence of the P.Ws. has not been drawn to his notice which shows that the accused respondent was not properly examined which has prejudiced him seriously and that is an incurable defect which has vitiated the trial and if the trial is to be begun from the state of the examinati......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ..Category: Procedural Law | Date: | Hits: 100
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......o.7655 of 2004) Judgment: M.A. Aziz J. - This petition for leave to appeal by the first party in a proceeding under section 145 of the Code of Criminal Procedure is from the Judgement and..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... Amirul Kabir Chowdhury, J.- The delay is condoned. Falzul Kader Chowdhury Second party in a proceeding under section 145 of the Code of Criminal Procedure being petitioner prefers ..Category: Procedural Law | Date: | Hits: 154
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......ved: "The evidence as adduced by both the prosecution and the defence is enough to show that the victim girl P.W. 2 willingly went with the accused appellant as a consenting party and that is why there was no hue and cry, no resistance put up by the victim girl and t..Category: Criminal Law | Date: | Hits: 34
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......of the Registration Act as well as, in view of the provision of section 114(e) of the Evidence Act. It has also been submitted that the suit as framed was not maintainable in that plaintiff being a party to the kabala he was required to seek for consequential relief by way of cancellation o..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ...... of Intent No. BRPD (P) 44(Ka) 200-4168 dated 29.11.2000 issued by Bangladesh Bank. The transactions as alleged are all personal transaction of the petitioner and others and respondent No.1 was not a party to such transaction. Respondent No.1 had no knowledge of the issuance of the cheques or abou..Category: Banking Law | Date: | Hits: 185
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......he High Court would not embark upon an enquiry as to whether the evidence in question is reliable or not. That is the function of the trial Magistrate and ordinarily it would not be opened to any party to invoke the High Court's inherent jurisdiction and contend that on reasonable appreciation..Category: Criminal Law | Date: | Hits: 55
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