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Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ...... appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......ila Education Office and was placed under suspension at the instance of this appellant Abdul Hakim and as such he was instrumental in bringing this false case. The trial Court on consideration of the evidence on record found the appellants guilty of the charges levelled against them and he convicted..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ...... Majid, Advocate ‑ For the Appellant Khandakar Saiful Huq, Advocate ‑ For the Respondents. Second Appeal No.26 of 1977. Judgment Syed Fazle Ahmed J.- This second appeal is directed against the judgment and decree passed by Additional District Judge, Pabna in Other Class Appeal No.35 ......sive and fraudulent and not binding on the defendants and that plaintiff is not in possession of the suit land and as such the suit is hit by section 42 of Specific Relief Act. 5. Both parties led evidence in respect of their respective contentions. The learned Munsif on, consideration of the evi..Category: Procedural Law | Date: | Hits: 105
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....material evidence which might possibly have the effect of reversing the conclusion it would be an error or defect in the procedure of the same category as discarding evidence on the ground that it is inadmissible. An erroneous approach to the case will also be a defect in procedure if it substantial......Khan, Advocate ‑ For the Appellants. Mian Abdul Gofur, Advocate‑For the Respondent No.1. Second Appeal No. 624 of 1968. Judgment Syed Fazle Ahmed J.- This Second Appeal is directed against the judgment and decree passed by Additional District Judge, 3rd Court, Dhaka in Title Appeal N......ed amicable partition of the land among themselves and as such further partition of the land in suit is not maintainable. 6. The learned Subordinate Judge, 4th Court, Dhaka on consideration of the evidence on record, both oral and documentary, passed the decree in preliminary form. Plaintiff resp..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......r as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......ring 1.28 acre from Azibar's sisters defendants Nos.8 and 9 for Tk. 2500.00 in February, 1967, and contesting defendants are in possession thereof on the basis of purchase. 5. Both the parties led evidence, documentary and oral, in support of their respective contentions and the learned trial Cou..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......t case only to harass the petitioners. 5. The complainant examined 5 witnesses including himself and the Medical Officer. The accused petitioners examined none. After taking into consideration the evidence and other materials on record the trial Court found the accused petitioners guilty under se..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....asing out the suit property for a period of two years is hit by section 107 of the Transfer of Property Act as not being registered. Unregistered lease deed of immovable property from year to year is inadmissible in evidence for lack of registration. 31. This view finds support from the decision ......Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... of wholesale acquisition of tenancy, vested in the Government and the Government acquired the same free from all encumbrances. 4. The learned trial Court upon hearing the parties and perusing the evidence oral and documentary dismissed the suit on the findings that the plaintiffs had no right, t..Category: Property Law | Date: | Hits: 96
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......ase is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... when the terms of contract, grant or other disposition of property, or any other matter required by law to be reduced to the form of a document, have been proved by the production of the document, evidence of any oral agreement or statement shall not be given for the purpose of contradicting, var..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......n: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......e following matters, namely: (a) Summoning and enforcing the attendance of any person and examining him on oath; (b) Requiring the discovery and production of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or a copy thereof from any office; ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ...... in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......pears that the respondent No.1 failed to pay Tk. 10,00,000.00 in total on or before 30th July, 1986 as per agreement made between himself and the petitioner No.1. The respondent could not produce and evidence before this Court to show that respondent No.1 had fulfilled the terms of the agreement as ..Category: Company Law | Date: | Hits: 159
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ...... This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......gned order is mala fide. I have carefully perused the plaint. The plaint no‑where alleges that there was any mala fide on the part of defendant Nos.1 and 2 in issuing the impugned Notification. The evidence also does not disclose anything of that kind against those who made the order and courts be..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......n erred in law in making the Rule absolute inasmuch as it is the settled principle that after framing issues including maintainability of the suit, all the issues are to be disposed of after taking evidence and no plaint should be rejected "only by one issue or piecemeal issue" under Order XX, rul..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ...... is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......evidence of P.W. 5, the Investigating Officer it appeared that the relevant cheques were not seized and only counterfoils were seized. The High Court Division held that counterfoils cannot be legal evidence unless the original cheques are proved to be encashed by the accused-petitioner. Accordingl..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......se is also Reported in: 44 DLR (HCD) (1992) 31. ......sel causing damage to a vessel in anchor. At page 94 of the above book it appears that when a vessel under steam runs down a ship at her moorings in broad daylight, that fact is by itself prima facie evidence of fault, and she cannot escape liability for the consequences of her act, except by provin..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......s Case is also Reported in: 44 DLR (HCD) (1992) 28....... learned Advocate submits that the Court of appeal below committed an error in law in its decision in holding that the suit was heard on merit and the learned trial Court did not properly discuss the evidence in this regard and passed the impugned decree ex parte. He further submits that the learned..Category: Procedural Law | Date: | Hits: 79
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......o costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......a on 26.5.91 and prayed for bail which was not granted. Before the Special Tribunal Case No.118 of 1991 was stayed on 9th 1une, 1991 by this Court, the Special Tribunal No.1 had already recorded the evidence of two witnesses and since then continuance of further proceeding of the said Special Tribu..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ith any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ode of Criminal Procedure. 9. The learned advocate appearing for the petitioner on drawing our attention to the deposition of the prosecution witnesses submits that this is absolutely a case of no evidence since the prosecution failed to prove the charge by any corroborative evidence against the ..Category: Criminal Law | Date: | Hits: 68
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......ant, he pleaded not guilty and claimed to be tried. 5. In order to substantiate the allegation against the appellants, the prosecution in all examined 9 witnesses. 6. After completion of taking evidence the convict appellant was examined under section 342 of the Code of Criminal Procedure. Dur..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ......delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ...... and order dated 30-6-1999 passed by the High Court Division making the rules in writ petition Nos.1046 and 1408 of 1993 absolute declaring the lay out plan No.TP/RLP/I886/FEB-1/91(5) dated 9-2-91 as evidenced by Annexure 'G' to the writ petition to have been made without any lawful authority and is..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......e respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......early indicates that the writ respondents have no controversy with the assertions made by the writ petitioner. Therefore the question of error on the face of the record and discovery of any other evidence on important matter does not arise at all to have a review of the decision made by this Ben..Category: Property Law | Date: | Hits: 85