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Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....cate further submits that the learned Judges of the High Court Division erred in law in failing to apply their independent judicial mind to the fact and circumstance of the case in the light of the legal evidence on record as the final court of fact while affirming the decision of the trial cour......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....ulted her physically and on the night of occurrence, as planned, all the accuseds assaulted the victim and killed her and on the following morning, with a view to screening them from legal punishment, gave out that the victim was killed by thieves at the night of occurrence; P.W.1 ......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..Category: Criminal Law | Date: | Hits: 58
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....tiffs have failed to prove their title and possession in the suit land and accordingly discharged the Rule. 8. The learned Advocate-on-Record for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is di......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ..Category: Property Law | Date: | Hits: 23
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....laintiff and accordingly S.A. and R.S. khatian were wrongly prepared and such wrong recording could not affect the right, title and possession of the plaintiffs therein disentitling their legal right. 10. We have perused the records and are of the view that though the trial Court......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ...... was pleased to pass an order directing the parties to maintain status quo of the suit property; that it may be stated that the defendant Nos. 1-8 did not file any appeal against the order of status quo. 4. Thereafter, on 13.04.1993 the defendant Nos. 1-8 filed an application for per..Category: Property Law | Date: | Hits: 38
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....l was filed against the judgment dated April 10, 1997 of the High Court Division in Writ Petition No.3396 of 1991 discharging the 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, ......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. ..Category: Property Law | Date: | Hits: 36
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....tivation of the remaining land. The plaintiff has no right, title, interest and possession in the suit land and the gazette notification in the name of the Forest Department of the Government is illegal as it was never acted upon and the suit is liable to be dismissed. 4. The learned......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..Category: Property Law | Date: | Hits: 35
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....tate is mere manager and not ostensible owner. 9. Thus it is clear that Mutwalli has no authority to transfer waqf property which has been dedicated to almighty; Allah and as such transfer without legal sanction of the Administrator of Waqfs is invalid transfer and such alienation by the mutwalli......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....tuted the above suit (previously Title Suit No. 98 of 2000) seeking declaration that the order dated 12.9.1999 passed by the defendant No.2, the respondent No.1 herein, terminating his service is illegal and void and also for further declaration that he being still in service as Deputy General M......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..Category: Employment/Service Law | Date: | Hits: 71
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....petition respondent No. 1 had no option but to bring the matter to the notice of the Chairman of Board of Directors of respondent No.3 by the impugned notice. On consideration of law we find no illegality in the impugned notice dated 17.9.98 (Annexure-A) which was an intimation of the effect......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..Category: Banking Law | Date: | Hits: 112
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....ich was also engaged in similar garment export business and as a result company suffered significant loss due to lack of proper attention in running the business of the company; moreover it was a legal necessity to appoint a new Managing Director as the tenure of the petitioner expired on 6.3.20......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....f the kabuliyat of July 30, 1927 genuineness whereof was admitted by the predecessors of the plaintiffs in Title Suit No. 14 of 1941 as such the plaintiffs have no occasion to make claim legally in respect of the land in suit. The trial Court in the background of the materials on ......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. ..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......ime of its execution he waived his right, if any, by acquiescence as he filed the suit long after 10 years; the trial court believed the evidence of P.Ws. merely because of the financial and social status of the plaintiff. 4. As it appears the High Court Division discharged the Rule holdin..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....f khas possession in respect of the land of second schedule upon evicting first group of defendants and for declaring that the kabala described in the 4th schedule is fraudulent, fabricated, illegal and void and not binding on the plaintiffs. &n...... High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ..Category: Property Law | Date: | Hits: 23
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....al days before he breathed last. They alleged that Ismail Gazi was literate and there was no need for him to put thumb impression. They claimed to be in possession of the property as Ismail Gazi's legal heirs and according to their legal shares. 4. The trial Court on consideration of the ......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e an undertaking to pay the balance amount of Tk.9, 30,826/-to get release of the suit property. The plaintiff-Bank further alleged that for the default of the defendants, the plaintiff-Bank served legal notice to the defendants for repayment of the aforesaid balance amount. But for the default ......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ..Category: Banking Law | Date: | Hits: 85
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....egum used to stay together in a house at Bangla Motor, Dhaka and styling themselves as Dharma putra and Dharma Ma they carried on illicit connection; since deceased Surja Begum did not like illegal relationship established between her mother, accused Rokeya Begum, and the condemned petition......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. ..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....e provisions of Section 5-A of the Criminal Law Amendment Act, 1958 read with section 167(5) of the Code of Criminal procedure we are of the view that the aforesaid Criminal Proceeding lost its legal force inasmuch as the investigation agency failed to submit the charge-sheet within 180 days...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ..Category: Criminal Law | Date: | Hits: 48
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....n the basis of which trial Court decreed the suit were not reversed by the appellate court, that defendants alleged case of surrender of korfa tenancy by Jairuddin has not been established by legal evidence and that evidence, both oral and documentary, to that effect is lacking, that S. A. ......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
Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)
....007) 667. ...... 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. ..Category: Civil Law | Date: | Hits: 102
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