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Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......tition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......ed deed dated 8th January, 1979 from Shahida Begum. Therefore, both the parties admitted that by purchase Shahida Begum was the owner of the suit land. 3. The trial Court on consideration of the evidence on record held that the plaintiffs failed to prove their title, possession and dispossessio..Category: Property Law | Date: | Hits: 73
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......stance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ...... 15. The High Court Division found that the Trial Court's finding that the plaintiff could not prove his possession and dispossession in the suit land appeared to be inconsistent with the material evidence on record. 16. The High Court Division on detailed consideration of the judgments of the..Category: Property Law | Date: | Hits: 79
....ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......stance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......3.1978 by the Government. Later, the disputed property along with properties was sold to Bangladesh Freedom fighters Kallyan Trust at a nominal price by a registered deed of sale dated 19.8.1980 as evidenced by exhibit 'Ja'. Therefore, it appears that Jute Trading Corporation Limited had no right ..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....n is basically wrong, or important and crucial evidence has been overlooked or wrongly appreciated or misread in arriving at the finding leading to injustice, or involves an error of law or relied on inadmissible evidence, or where the finding of fact arrived at without taking into Consideration the......ost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......hat the plaintiff’s deed of agreement for sale dated 27th March, 1984 is ante-dated and collusive one, created for the purpose of grabbing the suit lands. 4. The trial Court on assessment of the evidence on record decreed the suit. On appeal by the defendant from the said judgment and decree, a..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ....... Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... occurrence. It is noted further that by dint of an Order of 23.8.2005 the Tribunal deemed it prudent to exercise its power to summon material witnesses under Section 540 of the Code that led to oral evidence being given by the P.W. 12 Hira and a cousin of Taposh’s the P.W. 13 Radha Gobinda, son o..Category: Criminal Law | Date: | Hits: 106
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ...... (1993) 419. ......mentioned in ‘kha’ schedule to the plaint as void and inoperative and it has no connection with the land described in the schedule 'Ka' and that the matter is to be proved by oral and documentary evidence and there was no necessity for local inspection. Thereafter, the plaintiff petitioner filed..Category: Property Law | Date: | Hits: 80
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......ct.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
...... which reads as follows:
"A Court of Settlement shall, after such enquiry as it may deem necessary any after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ...... matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......the accused as to the possession of so much property which is beyond his means when the accused allegedly replied that those are not that much. That part of the deposition ought not to have gone into evidence. Further, there was no proper identification of the goods at the Senabhaban in presence of ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......olute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......arned Advocate for the petitioners, next submits that the learned Sessions Judge while dealing with the application under section 436 CrPC exceeded his jurisdiction in entering into the assessment of evidence recorded by the Magistrate and himself arriving at a finding that prima facie case has been..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......t down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......case is barred by time, that it suffers from defect of parties and that the opposite party has gifted the suit land to his 4 sons by registered Heba‑ bil‑ewaz dated 1.7.77. 5. Both parties led evidence in support of their respective contentions and on consideration of the evidence on record t..Category: Property Law | Date: | Hits: 81
....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......d.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......e suit. It is their further case that the defendant No.1 transferred some lands to a third party.
5. The learned trial Court after believing the alleged story of contract and after considering the evidence adduced by both the parties decreed the suit.
6. In appeal, the learned District Judge d..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......at issue (1). Where the parties are at issue on some question of law or fact, and issues have been framed by the Court as herein before provided, if the Court is satisfied that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficien..Category: Procedural Law | Date: | Hits: 62
.... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94.......1.
Case Referred to-
Mst. Bibi Saleha Vs. Antu Ram and another AIR 1918 Pat.543.
Lawyers Involved:
Bazlur Rahman Talukder, Advocate‑For the Petitioner.
Miah Abdul Gafur with Sharifuddin Chaklader, Advocates‑‑For the Opposite Parties.
Civil Revision No.562 of 1988.
Judgment...... is the owner of 67 acres of land by purchase and inheritance and has been enjoying the possession thereof. So the plaintiffs have got no tide.
4. After considering the oral as well as documentary evidence in support of the possession of the plaintiffs the trial Court came to a definite finding t..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....of Ali Sher Vs. The State reported in 18 DLR (WP) at page 112 it was held: "A first information report after the police investigation started, being a statement of the person before the police, is inadmissible in evidence and cannot be taken into consideration." 29. In the case of Muslimuddin ...... prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......nesses and hearing the argument the learned trial Court convicted the appellants under sections 302/34 of the Penal Code and sentenced them thereunder as above mentioned. 7. Let us now take up the evidence of the prosecution witnesses which are as follows: P.W.1 Md. Abdul Wahab was the then su..Category: Criminal Law | Date: | Hits: 110
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......he period of 30 days from the service of any process for enforcing the certificate. Upon such denial of the liability under section 9 of the Act, the Certificate officer shall hear the petition, take evidence if necessary and determine whether the certificate debtor is liable for the whole or any pa..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......reby an erroneous decision is reheard and corrected but lies only for patent error apparent on the face of the record. Unless the impugned order shows as such merely reversing the order basing on the evidence on record would render the order in review without jurisdiction. Similarly, an error which ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......arged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......he FIR does not disclose any offence against the accused petitioner but the criminal proceeding is being dragged on for more than 14 years during which period the prosecution has failed to adduce any evidence. The learned Counsel also submits that the principal accused having died and the bank itsel..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......nce. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ...... of the allegation in the plaint that the plaintiffs respondents did not nominate their representatives in the Village Court the plaint can not be rejected. To determine the truth of this allegation, evidence is necessary and this can be available only in the course of trial of the suit which is pri..Category: Property Law | Date: | Hits: 89
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......t once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......is barred by law of res judicata.
4. At the trial plaintiff examined 1 witness namely PW-1 and the defendant-company also examined 1 witness namely DW-1 and both the parties also filed documentary evidences to prove their respective cases.
5. The Artha Rin Adalat, Khulna upon hearing the parti..
Category: Civil Law | Date: | Hits: 217
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......
President, Coronation Hall Committee and Deputy Commissioner, Khulna…......Petitioner (Defendant-Appellant)
Vs.
Executive Committee, Khulna & others.................Opposite Parties (Plaintiff-Respondents)
Judgment
August 8, 2011.
Cases Referred To-
Abdul Kader Vs. Abdulla......eral having placed the application for revision and drawn our attention to the materials on record, firstly submits that in this particular case the court of appeal has not independently assessed the evidence on record for itself as the last court of facts and without reading the evidence properly i..
Category: Property Law | Date: | Hits: 89
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