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Category: Admiralty Law or Maritime Law | Date: | Hits: 512
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......2010) 35. ......Shanai Bibi being dead here heirs: Mohammad Azim and others Vs. Nur Islam being dead his heirs, Doly Islam and other 4 BLC 195, where it has been held that burden of proof is the obligation to adduce evidence to the satisfaction of the Court in order to establish the existence or non-existence of th..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....nt in possession. 10. Learned Advocate next relied on the decision of Abdur Rashid alias Bhulu and others Vs. Moulana Mobaswar Ahmed and others, 8 BLC (AD) 11, where it has been held that, the facts as noticed by the High Court Division are sufficient to hold that the nature of transactions a......t High Court Division (Civil) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J Shawkat Ali Chowdhury...................................Appellant Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The ap......1. Learned Advocate next relied on the decision of Muni Lal and others Vs. Kishore Chand Kanshi Ram, AIR 1927 (Lahore) 373, where it has been held that, mere recital in the deed as to necessity is no evidence of such necessity so as to bind minor members, where it is not shown that any enquiry was m..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
..... Tapan Kanti Das appearing on behalf of the convict-petitioner Md. Bachhu Miah while taken this court through the materials on record strenuously argues that this is a case of no evidences and the facts of commission of the offence by the convict-petitioner is so preposterous that the same cannot......onvict- Petitioner Vs. The State…………………………Respondent Judgment April 12, 2009. Result: The rule is made absolute. Cases Referred to- Abdul Quader Chowdhury and others Vs. the State, 28 DLR (AD) 38; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 (SC) 317; Gian......me has been registered as Special Tribunal Case No.129 of 2003. 5. At the trial the prosecution examined as many as seven witnesses. The learned judge of Special Tribunal No.4, Feni considered the evidence on record and having found that the accused person committed the offence convicted him un..Category: Criminal Law | Date: | Hits: 115
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....the Joint District Judge and First Artha Rin Adalat, Dhaka allowing the application for making preliminary decree final under Order 34 Rule 5 of the Code of Civil Procedure. 2. Briefly stated, the facts are that the respondent No.2 Rupali Bank Ltd. Hazaribag Branch instituted Title Suit No.47/199......se is also Reported in: 15 BLT (HCD) (2007) 99. ......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....cept in case of urgent necessary, in which case notice there of shall be forthwith given to the superintendent." 8. From a plaint reading of Rules 485, 486 and 487 under the Jail Code, we find the facts and circumstances under which fetters can be imposed upon a prisoner and in this connection we......cial Original Jurisdiction) Present: Nozrul Islam Chowdhury J Md. Rezaul Haque J Ain-O-Salish Kendro (ASK)………………………………Petitioner Vs. Government of Bangladesh and others……………………………………Respondents Judgment April 19, 26, 27, 200......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....r of Ward No.3, No.5 of Budhbari Bazar Union Parishad and Md. Abdul Wadud, Member of Ward No.5, Budhbari Bazar Union Parishad, District Sylhet filed a joint affidavit-in-opposition narrating the same facts as that of the Government and supported the place for which administrative approval was given ......Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....ting aside the judgment and Order dated 20-4-1998 passed by the learned Assistant Judge, 4th Court, Gazipur in Pre-emption Miscellaneous Case No.17 of 1996 should not be set-aside. 2. The relevant facts leading to the filing to this revision are as follows: The opposite Party No.1, Shakhina as...... 320. ......o.27 of 1998. Mr. Mohammad Ali, further submits that there is nothing on record to show that the predecessor-in-interest of the present petitioner taken any ground in their written objection or their evidence that the case was barred by law of res-judicata as such the Court of appeal below as last C..Category: Property Law | Date: | Hits: 117
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....ty Nos.1-3 are co-sharers by inheritance and the opposite party Nos.1-3 are the contiguous land holder and that they got the land mutated and have been paying rents etc. That in view of the aforesaid facts and circumstances the present false pre-emption case of the petitioner is liable to be dismiss......se is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......e on the basis of the pleadings of the parties framed as many as 5 issues for effectual disposal of the case and both the parties in support of their respective case adduced both oral and documentary evidence. 6. The pre-emptor petitioner i.e. the present opposite party No.1 adduce 3 witnesses an..Category: Property Law | Date: | Hits: 138
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
.... that the share of a partner in the assets of the firm cannot be determined until an account has been taken and all the debts has been discharged and as such the only remedy of a copartner in the facts as in the present cases is to ask for an account or for dissolution of the partnership itself.......osite-parties Judgment October 31, 1982. Result: The Rules are made absolute. Cases Referred to- Bhuban Mohen Das Vs. Surendrd Mohan Das, 55 C.W.N. 541; Abdul Gafur Vs. Dr. D. Ahmed and the State Vs. Syed Imtiaz-uddin Hussain, 3 DLR 449; 17 DLR (Dacca), 382. Lawyers Involved: ......e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
.... রাজি।” 9. Mr. Md. Sajjad Ali Chowdhury, the learned Advocate on appearing for the Opposite Party submitted that the impugned Judgment and decree being based on concurrent finding of facts the same is not liable to be interfered by this Court. 10. For the sack of met the ends of ...... Ali Chowdhury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the Joint District Judge, 1st Court, Nilphamari, in Family App......ed the same. Thereafter the Plaintiff was given talak dated 14.10.1999 as per a village salish. Thereafter the Plaintiff has filed the suit upon some false allegations. 4. Both the parties adduced evidence in support of their respective cases. 5. The trial Court on considering the evidence on ..Category: Family Law | Date: | Hits: 224
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ...... Vs. Sree Khudiram Jaladas…………………………Judgment-Debtor-Opposite Party Judgment March 25, 2007. Result: The Rule is made absolute. Case Referred to- Maksud Ali and another Vs. Sekandar Ali, 28 DLR (AD) 99. Lawyers Involved: Harendra Nath Nandy - For the ......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..Category: Procedural Law | Date: | Hits: 253
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....ding under Pre‑emption proceeding. Petitioner shall be described as Pre-emptee-Petitioner and First to Seventh Opposite Parties will be referred to as Preemptors-Opposite-Parties. 3. The precise facts forming background of this Revision Petition are stated succinctly hereunder. 4. Pre-emptor......Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J lqbal Hossain Talukder (Md.)...............................Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule ...... allowed the appeal, set aside judgment passed in Miscellaneous Case and dismissed the case. In dismissing case on allowing appeal learned Subordinate Judge as Appellate Judge considered pleading and evidences led by both parties. Learned Appellate Judge found fault with decisions rendered by Trial ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ganj in Miscellaneous Appeal No.13/88 affirming those of the learned Subordinate Judge passed on 6-4‑1988 as District Delegate in the above mentioned original Miscellaneous case. 2. The relevant facts giving rise to this appeal, in short, are that the petitioner Durga Rani Sutradhar wife of the......Court Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J KM Khaled J Durga Rani Sutradhar.................................................Appellant Vs. Paresh Chandra Sutradhar..........................................Respondent Judgment February 16, 2002...... can be granted. It has not been considered by the courts below that the original 'Will' was once submitted in the court and when it was found missing, the petitioner relied on photo copy and adduced evidence to prove genuineness of the same and none denied as to the genuineness of the "Will' in que..Category: Property Law | Date: | Hits: 113
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....rejecting the petitioner's application filed for dismissal of the said Money Execution proceeding and/or such other further order or orders as to this Court may seem fit and proper. 2. The short facts relating for disposal of the rule are that, the opposite party obtaineddecree on 27-3-2000 in ......ted in: 16 BLC (HCD) (2011) 57. ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....on No.1724 of 1996 (Converted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati Prakaushal......rted in:49 DLR (HCD) (1997) 335. ...... the Arbitration Act after its amendment by virtue of the provisions of Law Reforms Ordinance, 1978. Thereafter the learned Subordinate Judge on a proper scrutiny and on a perusal of the material and evidence on record did not find any ground to interfere with the award and vide the impugned order d..Category: Alternative Dispute Resolution | Date: | Hits: 606