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State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......r investigation charge sheet was submitted against the two respondents and others including Syed Jahangir Alam and Md. Alamgir Hossain. The case being sent for trial the learned Additional Sessions Judge, First Court, Jessore tried the case and by the judgment and order dated 30.04.2000 convicted ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......of a Single Bench of the High Court Division in Civil Revision No. 170 of 1995 discharging the Rule obtained against the judgment and decree dated November 13, 1994 of the 1st Court of Subordinate Judge (now Joint District Judge) Magura in Title Appeal No. 55 of 1994 allowing the same upon ..Category: Property Law | Date: | Hits: 38
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......Order No. 3451 of 1998 rejecting the revisional application summarily. The revisional application was filed against the judgment and decree dated April 23, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Natore in Title Appeal No. 241 of 1989 reversing the judgment and..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ...... Single Bench of the High Court Division in Civil Revision No. 4207 of 1996 making the Rule absolute. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ...... Single Bench of the High Court Division in Civil Revision No. 4139 of 1999 discharging the Rule obtained against the judgment and decree dated May 9, 1999 of the 2nd Additional Court of Assistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was filed seeking ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......99 (II of 1899), sections 2(11), 18 & 35 The Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of action for ..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
.... The Writ Petition is allowed. The Union Parishad (Election) Rules, 1983, Rules 39(3)(4)(5) & 41 Out of the three wards, election held in two wards only. The statement in Form 'K' from the Presiding Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Offi......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......on, Dhaka in First Appeal No. 46 of 1988 allowing the same "as at presently constituted" and decreeing "the plaintiffs' suit, as amended" upon setting aside the judgment and decree of the Subordinate Judge, 3rd Court, Dhaka passed in Title Suit No. 269 of 1987. 2. The facts leading to these appea..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......judgment and decree dated 3.12.84 passed by a Division Bench of the Chittagong Bench of the High Court Division in First Appeal No.46 of 1977 reversing those dated 11.9.76 passed by the Subordinate Judge, Chittagong in Other Suit No. 83 of 1977. The trial Court decreed the suit. The High Court Div..Category: Property Law | Date: | Hits: 50
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......on charge sheet was filed on 29.9.1988 against the appellant, Imam Hossain also and 4 others under section 302/114/34 of the Penal Code. In due course the records were sent to the Court of Sessions Judge upon which Sessions Case No.8 of 1989 was registered. Since all the accused were in absconde..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......covery of Khas possession of the land in schedules "Kha" and 'Ga'. 2. The case of the plaintiffs filed in Title Suit No. 213 of 1972 in the 2nd Court of Munsif (now joint Assistant Judge), Bagerhat, in short, is that his predecessor and the predecessor of the defendant No. 1 wer..Category: Property Law | Date: | Hits: 35
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......d documentary before the trial court and on consideration of the materials on record the trial court dismissed the suit. On appeal, being Title Appeal No. 100 of 1980, the learned Additional District Judge, 2nd Court, Kushtia by the judgment and decree dated 25.06.1981 allowed the appeal and set asi..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... Single Bench of the High Court Division in Civil Revision No. 898 of 1995 making the Rule absolute upon reversing the judgment and decree of November 24, 1994 of the 2nd Court of Additional District Judge, Dhaka in Title Appeal No.77 of 1993 setting aside the judgment and decree of February 9,1993 ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......nst the judgment and Order dated 21.7.2004 passed by the High Court Division in Civil Revision No.2347 of 2004 making the rule absolute setting aside those dated 4.7.2004 of the Additional District Judge, Second Court, Dhaka dismissing the Miscellaneous Appeal Nos.335 of 2003 and 299 of 2003 aff..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......Civil Revision No. 2170 of 1998 on 7.12.1998 discharging the Rule thereby affirming the judgment and decree dated 16.11.1997 in Title Appeal No. 25 of 1997 passed by the learned Additional District Judge, 2nd Court, Narayangonj who allowed the appeal in part reversing those passed by the learned ..Category: Property Law | Date: | Hits: 40
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......s along with five others were convicted under section 25 of the Special Powers Act, 1974 and sentenced to rigorous imprisonment for three years and a fine of Tk. 1000/- by the Additional Sessions Judge and Special Tribunal, Jessore by judgment and order dated 2.1.89. Separate appeals were filed ..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......give the Bank an option to proceed either under Article 33 or 34 for realising its loan inasmuch as it cannot be the intention of the legislature that some claims will be investigated by the District Judge and in respect of some claims the Bank can avoid investigation which would be violative of A..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......ial before it. 8. Like the Special Powers Act, the Criminal Law Amendment Act, 1958 is a special statute. It provides for speedy trial of certain corruption cases by a court designated as "Special Judge". Sec. 6 thereof provides that the provisions of the Code of Criminal Procedure shall, insofar..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....mmission directed to re-poll in two centres. We are concerned with Joygunnessa High School Polling Centre. It appears that the Election Commission directed the acceptance of result submitted by the Presiding Officer. Dr. Kamal Hossain referred to the Annexures at page 121 which bears a note by the......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...Category: Election Law | Date: | Hits: 146
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....te Judge, 3rd Court, Dhaka on various grounds stating, inter alia, that the election at one of the 5 centres, namely, the Central Press Staff Quarter Primary School Centre could not take place as the Presiding Officer, the Election Officer and others had fled away from that centre due to disturbance......n. There is no word of finality attached to the decision of the election tribunal in the rules. Even if there was any, jurisdiction of the High Court Division under article 102, could not be limited. Judgement of the High Court Division with that it had no jurisdiction is set-aside. Writ petition wa..Category: Election Law | Date: | Hits: 102
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