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....ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......rned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......very and such a shortage cannot be calculated on the basis of survey conducted at the shore tanks. He next submits that the Courts below completely misread and non-considered the oral and documentary evidence on record and passed the impugned judgments which are not sustainable in law. He further su..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......bstance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......and situated in the rural area it cannot be treated as non-agricultural land, the pre-emption case under Section 96 of the Act was maintainable. 5. We do not find any scope to re-examine the whole evidence to find out whether the land in question is non-Agricultural Tenancy Act. The finding of th..Category: Property Law | Date: | Hits: 76
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......lant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ....... The defence plea is that the accused is innocent and has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconception of the relevant law convicted the accused appellant under Secti..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....and order and there 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: 19 BLT (AD) (2011)166.......mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......e appeals analogously, passed the impugned judgment and order. 3. The learned Deputy Attorney General appearing for the petitioner submitted that the dying declaration of the victim and the ocular evidence of P.W.s 2 and 5 proved beyond reasonable doubt the respondents, along with other accused i..Category: Criminal Law | Date: | Hits: 56
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135.......sions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135....... law in not considering the fact of the prosecution case stated in the FIR by the informant of the case who has already been proved by the P.W.'s; that the finding of the trial Court disbelieving the evidence on record without assessing and judicially considering the evidence on record acquitted the..Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....on of D.W. 4, Abu Bakkar Siddique in Title Suit No.176 of 2004, submits that, in cross-examination this witness admitted that he is not authorized to depose on behalf of RAJUK as such his evidence is inadmissible. Learned Advocate thereafter submits that learned Joint District Judge illegally observ......esult, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......ather was the real allottee and for permanent injunction. Although aforesaid three suits are for three different distinct reliefs but the parties allowed disposing of the suits on the basis of oral evidence on adaptation but on different exhibits. 2. On a reading of the judgment of these three ..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ...... section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ...... defence case in short, is that they have been implicated in the case falsely and they were not in any way connected with the alleged offence as brought by the prosecution. 6. After closing of the evidence, the condemned prisoners were examined under section 342 of the Code of Criminal Procedure ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
.... Subordinate Judge, Dhaka and the same is still pending. The learned Advocate for tile respondents vehemently opposed this prayer for amendment on the ground that it is an after thought to make their inadmissible evidence as admissible. We have already found earlier that the claim of the defendants ......the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......e evicted from the suit land. 9. In support of their case plaintiffs examined six (6) P.Ws. including husband of plaintiff No.2 as P.W.1 and their borgader Tyeb Ali as P.W.6 apart from documentary evidence Ext. Nos. 1 to 11. Contested defendants also in support of their case examined 4 witnesses ..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......sts. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ...... to cancellation of instrument is founded upon administration of protective justice for fear that the instrument may be vexatiously or injuriously used by the defendant against the plaintiff when the evidence to impeach it may be lost. When the plaintiff seeks to establish title in himself and canno..Category: Property Law | Date: | Hits: 49
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......ver to him and explained in Bengali. He pleaded not guilty and claimed to be tried. 5. The prosecution examined as many as 9 witnesses being duly cross-examined by the defence. After conclusion of evidence the accused Sahin Alam was examined under Section 342 of the Cr.P.C. who again claimed to b..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......n granting sanction to submit charge sheet or in launching a prosecution, as has been done in this particular case. Unlike the case before us, it is true, bias in all cases cannot be determined until evidence is adduced. But, in the case before us an irresistible conclusion about bias, from the acts..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......wer Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......d by limitation? 3. Whether the case was bad for defect of parties? 4. Whether the petitioner was entitled to the relief as prayed for? During trial both parties adduced oral and documentary evidence to substantiate their respective case. 6. Trial Court hearing the parties and perusing ..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242....... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......filed a separate written statement and he claimed 1.28 acres of land by successive purchase. 6. During the course of trial the learned Assistant Judge, Patharghata, Barguna on consideration of the evidence on record papers and documents and exhibits dismissed the suit of the plaintiffs by his Jud..Category: Property Law | Date: | Hits: 72
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ...... is no report regarding any disturbance or irregularities and the defeated candidate comes down with the allegation for taking revenge on the victor for being defeated in the election. Where there is evidence of any disturbance in the polling station at the time of voting the Election Commission has..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......hanara Begum Vs. AL Md. Shamsul Haque, 27 DLR (AD) 129; 1977 AIR, Orissa 184; 1925 AIR Calcutta 26; AIR 1960 Bombay 238; 1978 AIR Jammu and Kashmir 85; AIR, Nagpur 234; 42 DLR page 72; 1983 BLD 274; Hingu Lal Vs. Baga Ram, 1902, 24 All ER 53; Mst. Jahanara Begum Vs. ML Md. Shamsul Hoque, 27 DLR (AD)......2/87 comes after the ejectment suit was filed by the petitioners in 1978. Then again their application to be added as parties was made at a stage when the case was ready for argument after closing of evidence. If the petitioners' claim to be the land owners is genuine then naturally they would have ..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......ord along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......convict-petitioners. 9. However, the trial of the case was held in absentia. At the trial of the case, the prosecution examined as many as 6 witnesses to prove the prosecution case. After taking evidence, the learned Judge of the Tribunal, on consideration of the evidence and materials on recor..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......s Case is also Reported in: 19 BLT (AD) (2011) 180. ......f 2004 in the Court of Senior Assistant Judge, Kashba, Brahmanbaria, praying for a decree for simple declaration of title in the suit land. 4. The trial court on consideration of the materials and evidence on record dismissed the suit holding, amongst others, that the plaintiff No.2 by filing a c..Category: Property Law | Date: | Hits: 94
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......al mind by the learned Judges of the High Court Division as the matter involves the question of facts as to the genuineness of the licences of the huge arms and ammunitions which have to be proved by evidence. The learned Additional Attorney General further submits that the learned Judges of the Hig..Category: Criminal Law | Date: | Hits: 67
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ...... once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......he allegation for causing loss amounting to Tk. 1,56,569.38 is not only unspecific also without any legal basis and as such the suit is liable to be dismissed. 5. At the trial both the parties led evidence to prove their respective cases. The learned Joint District Judge, 1st Court, Narayangonj o..Category: Civil Law | Date: | Hits: 97
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....nt witness for the prosecution. The testimony of P.Ws. 1‑4 that they heard from P.W.5 that their father while crossing the river in the boat of P.W.5 the accused appellants were also in the boat is inadmissible in evidence as P.W. 5 himself has denied to have gone to the house of the victim and gi......Case is also Reported in: 44 DLR (HCD) (1992) 136.......lam Bhuiyan, the learned Advocate along with Mr. Md. Asaduzzaman appearing on behalf of the appellants (condemned prisoners) opposed the reference. At the beginning we were taken through the FIR, the evidence of the witnesses, the judgment of the learned trial Court and other materials on record. Mr..Category: Criminal Law | Date: | Hits: 76
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