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Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......e plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......o ask the point to be decided at the final stage of the suit, since the law provides that the question of maintainability since goes to the root of the case may be asked and considered upon obtaining evidence on dock. In view of the discussions and reasoning as above this Court find no merit in t..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......Aziz............... ………………………………..........Opposite Party Judgment March 22, 2011. Cases Referred To- Khandaker Mobarak All Vs. Jahanara Begum, 1 ADC (2004) 401; Jinnatunnessa Vs. Bangladesh 48 DLR 208; Abul Hossain Vs. Amjad Hossain, 62 DLR (AD) 436; Hridoy Ranj......udge, Nasir-nagar Brahmanbaria preferred Title Appeal No.61 of 2006 before the learned District judge and the learned District Judge considering the facts and circumstances of the case as well as the evidence on record allowed the appeal and set aside the judgment and decree passed by the Assistant ..Category: Procedural Law | Date: | Hits: 72
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......out lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... Since the facts of the other connected writ petitions are more or less similar, we do not feel it necessary to reproduce the same here. 6. The respondent No.2 heard both sides and considering the evidence on record and other facts and circumstances of the case allowed the case by its judgment an..Category: Labour and Industrial Law | Date: | Hits: 161
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......ity or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......ned under Section 342 of the Code of Criminal Procedure, when he again pleaded not guilty. The defence case was a plea of innocence. The learned Judge of the Special Tribunal, on consideration of the evidence adduced by the prosecution and other facts and circumstances found the petitioner guilty ..Category: Criminal Law | Date: | Hits: 64
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
...... judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......প-ধারা (২) ও (৩)-এর বিধান অনুযায়ী সংযুক্ত হলফনামা (Affidavit) মৌখিক সাক্ষ্য (substantive evidence) হিসাব গন্য হইবে, এবং আদালত কোন মা..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......he lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......e trial, the prosecution examined as many as twenty (20) witnesses out of twenty nine (29) charge sheeted witnesses to prove it’s case. Defence cross-examined them but did not adduce any witness or evidence. 6. From the trend of cross-examination the case of the defence in short, is that, they..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......ed appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521....... assembled there and he has no connection with appellant Nos. 1 and 2 or in the alleged occurrence. 7. Mr. Abdul Matin Khasru, the learned Advocate for the appellant, has taken us through the FIR, evidence on record and the impugned Judgment. 8. P.W.1 Md. Moklesur Rahman NK Subedar JCO‑2490 ..Category: Criminal Law | Date: | Hits: 75
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......of the Code of Criminal Procedure before cognizance was taken and also to consider-whether the High Court Division erred in law in making the Rule absolute thus quashing the proceeding without taking evidence where an offence was disclosed in the FIR. 8. Mr. Khondkar Dilruzzaman, the learned Depu..Category: Criminal Law | Date: | Hits: 83
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......ecord be sent down at once. Ed. This Case is also Reported in: ......s some of the co-sharers being the heirs of Jonab Ali and Abdul Latif were not made parties in the pre-emption case. 4. The learned Senior Assistant Judge, Sadar, Manikganj on consideration of the evidence on record allowed the pre-emption believing the date of knowledge of sale in question as cl..Category: Property Law | Date: | Hits: 62
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
.... 18. In the case of State of Bihar and others Vs. Sri Radha Krishna Singh and others, AIR (1983) SC, 684, it was held as under: “It is now settled law that judgments not inter parties are inadmissible in evidence except for limited purpose of proving as to who the parties were and what w......sed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......t-(M-2), has not at all been considered by the High Court Division in disposing of the appeal before it. The contesting respondents in reply to it stated that the judgment is not at all admissible in evidence and no exception can be taken if the High Court Division has not considered the findings of..Category: Property Law | Date: | Hits: 116
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......d in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... was not legally entitled to. An estoppel by deed is a preclusion against the competent parties to a valid sealed contract to deny its force. The doctrine rested originally upon the idea that written evidence was a higher and more conclusive nature than verbal. The truth could better be established ..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......dgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......is a nullity in the eye of law. Accordingly, he submits that the learned Special Judge, Court No.2, Dhaka was manifestly wrong in convicting the appellants and also has failed to weigh and sift the evidence on record as is required by law and as such the impugned Judgment and order of conviction i..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......solute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......te found them guilty of offence under section 14 of the Foreigners Act and on appeal the Sessions Judge, Bakergonj upheld the conviction. On revision to the High Court a learned Single Judge found on evidence that there were communal disturbances in the then East Pakistan in the year 1964 for which ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ...... to authorize the continued detention in custody of, any person charged with any crime specified in section 3. 31. There is no gainsaying the fact that the investigating Agency is still collecting evidence against the petitioner, Needless to say, no investigation report has yet been submitted by ..Category: Criminal Law | Date: | Hits: 103
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......e Revenue Officer. In other Leave petitions, the petitioners have raised disputed facts which can not be decided by this Division at this stage, the determination of which would require assessment of evidence. They may contest the mutation proceeding, if so advised. It is, accordingly, directed that..Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......ed in the Court of the Magistrate on 29.12.88. 9. The prosecution examined as many as 12 witnesses whereas the defence examined none. The learned Additional Sessions Judge, in consideration of the evidence on record, facts and circumstances of the case, convicted and sentenced absconding accused ..Category: Criminal Law | Date: | Hits: 91
....h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......t by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......s of Shariatullah Sheikh. Defendant Nos.1 and 2 contested the suit by filing a joint written statement denying the material allegations made in the plaint. The trial Court on consideration of the evidence on record by judgment and order dated 21st June, 1993 dismissed the suit mainly on the reas..
Category: Property Law | Date: | Hits: 68
State Vs. Sabu and others, 2009, 38 CLC (AD)
.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445....... in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445....... Court. 7. We have heard Mr. Forhad Ahmed, the learned Deputy Attorney General, perused the petition and the judgment and order passed by the Trial Court as well as the High Court Division and the evidence on record. 8. It appears that there is no direct evidence implicating the respondents ..Category: Criminal Law | Date: | Hits: 71
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. 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 BLC (2011) 791. ......also Reported in: 16 BLC (2011) 791. ...... the baina patra that he executed the baina patra for and on behalf of his minor daughters, (2) the plaintiff adduced one witness namely P.W 2, Nayeb Ali to prove baina patra which was not sufficient evidence to prove the baina patra (Ext.1) in question was executed in accordance with law. 7. Bei..Category: Property Law | Date: | Hits: 74
State Vs. Jabbar, 2010, 39 CLC (AD)
....htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......rgue and detected the dead body of his younger bother. 3. Prosecution in support of its case has examined 17 witnesses but the defence examined none. The Druta Bichar Tribunal on assessment of the evidence on record found the accused respondent and 5 others guilty of the charge and sentenced them..Category: Criminal Law | Date: | Hits: 53
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