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Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......ected to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370....... Division which also was dismissed. That the plaintiffs never had any title or possession in the suit tank and as such the suit filed by them is liable to be dismissed. 4. Both the parties adduced evidence, both oral and documentary, in support of their respective cases before the trial court. On..Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......n for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......accordingly both the respondent No.1 and the petitioner filed the statements of claim and written statements respectively. Considering the said statements of claim, written statements and documentary evidence of both the parties the sole arbitrator passed award on 8-8-1996 and sent that to the learn..Category: Alternative Dispute Resolution | Date: | Hits: 182
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......sel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ......le of 500 milligrams out of the said substance was sent to the chemical examiner for being confirmed as to whether the content is either heroine or not or other chemical substance. It is disclosed in evidence that the substance of 700 grams of heroine was found in a polythene bag in possession of th..Category: Criminal Law | Date: | Hits: 80
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......ate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......said judgment and order, the petitioners moved this Court in the form of a revisional application and obtained this Rule on the ground that the Court below failed to make proper appraisal of material evidence on record and thereby caused miscarriage of justice. 6. Mr. Mihir Kanti Mazumder, the le..Category: Property Law | Date: | Hits: 101
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......nection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......e mentioned here that the victim girl Taslima Begum's dead body had been recovered by the police from a ditch and it was a naked female human body, without any sari or blouse and it is also seen from evidence that this ditch from where the dead body was recovered is only half a mile away, as stated ..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304....... concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......he same runs as follows: "A Court of Settlement shall, after such enquiry as it may deem necessary and alter 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: Procedural Law | Date: | Hits: 59
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......nd others.......................Appellants Vs. Shamsul Hoque Molla…………………….Respondent Judgment March 11, 1993. Cases Referred To- Rani Hemanta Kumari Vs. Midnapur Zamindari Co. Ltd., 24 CWN 177 (PC); Md. ldris Mia Vs. Abdul Motaleb, 17 DLR 599. Lawyers Involved: ...... practising fraud upon the Court and further held that the suit is not maintainable in its present form. 6. Fraud is a mixed question of fact and law. Court of appeal below on consideration of the evidence came to the finding "I am inclined to believe that solenama filed in the aforesaid Title Su..Category: Property Law | Date: | Hits: 88
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......out however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......the allegations directed against them. They have also stated in the petitions that no proper investigation or inquiry was held and the petitioners were not afforded any opportunity of being heard. No evidence was adduced and no one was examined and as such the inquiry is a sham inquiry. Because of a..
Category: Others | Date: | Hits: 153
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ...... down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ...... 6. The defendant examined 4(four) D.W.s and their documents were exhibited as Exhibits Ka series, Kha series, Ga, Gha series, Uma series, Cha, Chha, Ja, Jha and Neo. 7. Upon consideration of the evidence record the learned Subordinate Judge, 2nd Court, Narayanganj, decreed the suit by the impug..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......y of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......etitioner that the New Nation Printing Press is not the successor establishment of the New Nation Publications Ltd. This is a defence plea, which, as per well settled principle, is to be decided by evidence before the trial Court and it is not at all a ground for quashment. 11. In view of the..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ...... respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..Category: Anti-Corruption Laws | Date: | Hits: 200
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......osts. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......f the Commission and Rule 17(1) provides for the power of issuing notice to be delegated to any officer not belong the rank of Deputy Director. He submits however that in the instant case there is no evidence to show that the Commission delegated its power to the DD concerned. He submits, therefore,..Category: Anti-Corruption Laws | Date: | Hits: 154
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......1947 Allhabad 411; Faizul Hoque Vs. Noor Meah, 12 DLR 770; Ahsanullah Chowilhury Vs. Haji Abdul Jabbar Chowdhury, 9 DLR 543. Lawyers Lawyers: M Fazlul Karim ‑ For the Petitioners. Shahabuddin Faiz and Maqbul Ahmed Advocates ‑ For the Opposite Parties. Civil Revision No.1027 of 1982. ......ion? 3. Are the plaintiffs entitled to get the decree for reconveyance of the suit land as prayed for? 4. To what other relief, if any, are the plaintiffs entitled? 4. After considering the evidence on record the trial Court decided all the issues in favour of the plaintiffs and decreed th..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267....... is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......ibi and in support of such alibi examined 14 witnesses which was disbelieved by the Court below. 11. The learned Additional Sessions Judge, Kishoreganj upon hearing the parties and considering the evidence on record found the accused‑appellants guilty under sections 302/149 and sentenced them a..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......d order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......accused petitioner under section 427 of the Penal Code and the same was read over and explained to the accused petitioner who pleaded not guilty and claimed to be tried and then 27.3.84 was fixed for evidence, but on that date the accused petitioner was absent by a petition and no witness was presen..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......ion of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314....... Family Laws Ordinance, 1961. The learned Advocate-on-Record further submitted that in the present case the complainant-appellant herself admitted that no talaq took place and there is no further evidence at all on record to show that after pronouncement of talaq the respondent issued notice in ..Category: Family Law | Date: | Hits: 185
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......d without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......the Code of Civil Procedure. The learned Counsel further submitted that because of want of proper issue on the question of fact specifically pleaded had misled the parties in the matter of adducing evidence at the trial of the suit and consequent thereupon remand as provided for in Order XLI rule ..Category: Property Law | Date: | Hits: 112
....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......rdingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......s strenuously submitted that unless the arbitration is incorporated in buy-back agreement the same could not be resolved in writ jurisdiction being the disputed question of fact to be resolved on evidence and should be decided by the Court inasmuch as the buy-back agreement do not have any arb..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......onal Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ...... section 471, Section 475 or section 476 of the same Code when such offence is alleged to have been committed by a party to the proceeding in any Court in respect of any document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or some other Court t..Category: Criminal Law | Date: | Hits: 83
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... 34 DLR (AD) 29; 15 DLR at page 188; 21 DLR (SC) 448, 35 DLR (AD) 216, 37 DLR (AD) 205; 38 DLR (AD) 201 (232); 21 DLR (SC), at page 450; 19 DLR 176; 36 DLR at page 81. Lawyers Involved: Nizamuddin Haider, ABM Golam Majid and Kazi Shamsuzzaman, Advocates ‑ For the Appellants. Muhammad Abdu......ssed by the learned Munsif. 6. Mr. Nizamuddin Haider, the learned Advocate for the appellants has taken me through pleadings, the impugned judgments of the Courts below and the documents and other evidence on record. It is admitted that the suit lands are recorded in the khatian No. 243 vide Ext...Category: Property Law | Date: | Hits: 70
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