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Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......mpugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......he deeds of sale of defendant No.1 were coupled with possession and that defendant No.1 had been possessing the suit land from the time of his purchase. 14. The appellate Court having considered the evidence on record both oral and documentary came to a finding that the plaintiffs had been able t..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......espondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......cannot pass an order for payment of compensation or compensatory cost as no such provision has been made in Article 102 of the Constitution and determination of such compensation is dependant on evidence which is not taken in writ jurisdiction and that the High Court Division exercises writ jur..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......ingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ......of right, i.e. R.S. record was finally published in the names of the predecessors of the writ-petitioners, such entry in the record of rights shall be presumed to be correct unless it is proved by evidence to be incorrect and the R.S. record of rights shall prevail over the S.A. record. 14...Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......e this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......Judge by the impugned order rejected the plaint. 7. Mr. Mahbubur Rahman, learned Advocate, appearing for the plaintiff-appellant, submits that, facts disclosed by the parties to the suit require evidence to consider whether the suit land is acquired land of defendant No.1 and unless the same ca..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ...... a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......0.06.2010 and hence the instant case. On the basis of such dairy, the full brother of the complainant, learned Magistrate Mr. Md. Abul Kalam Azad on malafide intention without any documentary evidence or without any enquiry on the same date i.e. 28.11.2010 issued an warrant of arrest. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ...... the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......ased the suit land from Ranjit Kumar Kar and his three brothers and that the High Court Division failed to notice that the document dated 11-2-1953 being a document of 30 years old would go into evidence without formal proof and as such the impugned judgment should be set aside. He further subm..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....……… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it having not been registered is unenforceable and also inadmissible in evidence.………(36) Cases Referred to- PK Chakraborty Vs...... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ......… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it having not been registered is unenforceable and also inadmissible in evidence.………(36) Cases Referred to- PK Chakraborty Vs. AP Chowdhury 1..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......d at "after due inquiry". The question is whether the council in that case can be regarded having reached its adverse decision "after due inquiry" when it has refused to hear evidence tendered by the practitioner with a view to showing that he has not been guilty of the..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......he date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......arge against the accused persons. The accused persons were also examined under section 342 of the Code of Criminal Procedure and both of them pleaded not guilty. The tribunal, on consideration of the evidence and other facts and circumstances, found the present accused-respondent guilty under se..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ...... Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......eks pardon from the President or the Government he must supply the following materials with the application for pardon; namely - i) the First Information Report and Police Report; ii) the evidence; iii) Judgment of the trial Court and appellate Court, if any; iv) information ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......he Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ...... the Code of Civil Procedure read with Section 57 of the Ain without any prayer for appointment of survey knowing Advocate Commissioner. On 17-10-2004, the application was rejected without taking any evidence or appointing any survey knowing Advocate Commissioner to ascertain the truth. Therefore, t..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ...... no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......o a serious disputed questions of fact which could only be resolved on evidence to be produced by the parties before the proper functionaries having the authority and jurisdiction to take such evidence under the law and such dispute in no way could be solved in a summary proceeding under the..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
.... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......il petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ......eral witnesses in order to prove their respective cases. The plaintiffs produced some rent receipts also which have been marked exhibit-1 series. 8. The learned Munsif, on consideration of the evidence both oral and documentary adduced by the contesting parties dismissed the suit by the judgm..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......was filed beyond time as prescribed under section 96(4) of the State Acquisition and Tenancy Act." "III. Because the High Court Division committed error in law in not considering that from the evidence of the P.W.1 along with P.W.4 and exhibit-4 the certificate together with material statemen..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ...... Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ......"/1. Chalan showing deposit of rent with the Rent controller, since 1-1-1992 were marked as Exhibit "Ga' series (86 in numbers). 7. The learned Assistant Judge upon considering the evidence on record dismissed the suit by the impugned judgment and decree dated 20-4-1999 holding th..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......ty is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......nbsp; April 10, 2012. Result: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecution case and the statements made therei..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ...... within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......n behalf of the petitioner submits that the Inquiry Committee detected irregularities in the Trading of the Respondent Company which indicated manipulated trading and as such without taking further evidence and deposition during the trial the matter cannot be decided and the High Court Division er..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......on for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......been dragged for years together. The contention of both the parties as regards the attaining majority of the added defendant as stated above are matters of fact which cannot be decided without taking evidence during trial. We do not find any valid reason to interfere with the impugned judgment an..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......n, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ...... In the circumstances, the learned Additional Sessions Judge in order to ensure the presence of the complainant issued bailable warrant against him fixing the next date on 4-11-2008 for recording evidence. At that stage of the proceedings, the accused-petitioners filed the application under sect..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ...... to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......, under section 11(Ga) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended 2003), in absentia. The prosecution examined as many as 8(eight) witnesses. 6. After closing of the prosecution evidence, the convict-appellant was examined under section 342 of the Code of Criminal Procedure, wh..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
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