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Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......tioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......d Title Appeal No.99 of 1993 before the learned District Judge, Brahmanbaria. The suit was again sent back on remand in the trial Court for hearing with certain observation. The trial Court had taken evidence afresh and decreed the suit upon resettling the fresh issue on 19-9-2002. The defendant No...Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......r of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......not exceeding Taka two is paid to the Company for each instrument of transfer and (b) The instrument of transfer is accompanied by the certificate of the shares to which it relates and such other evidence as the Directors may require to prove the title of the transferor or his right to transfer ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......eding is at Annexure 'A' to the Writ Petition. This order was passed as far back as on 3.1.57 and its concluding portion runs as follows: "From all these above facts and circumstances and from the evidence on record, I find that the disputed land appertains to Char Sitaram (Block B) and not Udayp..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......fendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......and if so, who is responsible and liable for the alleged defalcation? 5. To what relief, if any, is the plaintiff entitled?” 7. On consideration of the facts and circumstances of the case and evidence on record the learned Subordinate Judge decreed the suit on contest with cost against the d..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......se is also Reported in: 43 DLR (1991) 196. ......nd fraudulent and that the suit property has been rightly requisitioned by the Government and allotted to the allottees. 4. The plaintiffs examined only one witness and thereafter it was fixed for evidence of the defendants. Defendant Nos. 1‑3 examined their witnesses also and then a date was f..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......ager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 Case Referred to- Md. Shahabuddin Vs. Janata Bank & others, 41 DLR 94. Lawyers Involved: Hemayetuddin Ahmed with Md. Shah......ularly when the suit has been sent back to the Trial Court for fresh trial observing the following: "The matter was decided at the stage of fixing peremptory hearing of the suit without taking any evidence. Though as many as five issues were framed but the suit was dismissed without taking eviden..Category: Employment/Service Law | Date: | Hits: 64
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......Md. Iman Ali @ Md. Iman Miah and others, 1981 BLD (AD) 280; Akhtarunnessa and others Vs. Habibullah & Others 31 DLR (AD) 88. Lawyer Involves: BK Das, Advocate ‑ For the Petitioner. SK Sinha with Mahbub Ali, Advocates ‑ For the Opposite Parties. Civil Revision No. 270 of 1980. ......he purchaser, but with the subsequent increase of the price of land the pre‑emptor is denying any knowledge of the sale of the land. 4. The learned Munsif, Second Court, Moulvibazar believed the evidence of the pre‑emptor, Promode Ranjan Das, that he is a non‑notified contiguous land holder..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......mmad...........................Petitioner Vs. Motasim Ali Chowdhury...................... ....Opposite Party Judgment January 13, 1993. Cases Referred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul......nature and character of the suit and the amendment sought for will clearly describe the suit plot and their Lordships have further observed that the amendment sought at a preliminary stage before any evidence has been led. It appears from the record that written statement has already been filed and ..Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......ocate ‑ For the Petitioner. Matiur Rahman, Advocate ‑ For the Opposite Party No.1. Civil Revision No.1691 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule is directed against the judgment and order dated 12.8.90 passed by the learned District Judge, Comilla in Election ......fresh election at that centre. He did not accept the view of the Election Tribunal that the election at the different centres was not fair, as in his opinion, the said finding was not based on cogent evidence. The learned Judge, however, concurred with its view that the splitting up of Chinamura cen..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......s dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......e prosecution witnesses, other materials on record and the impugned judgment. The learned Advocate for the appellant submitted that the appellant has been falsely implicated in this case. There is no evidence of recovery of arms and ammunition from the Possession of the appellant, Evidence of the P...Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......tion is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......sed that when the Court of Section or the High Court is granting anticipatory bail, it is granted at a stage when the investigation is incomplete and, therefore, it is no informed about the nature of evidence against the alleged offender. It is, therefore, necessary that such anticipatory bail order..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....the learned Court of appeal below erred in law in his decision occasioning failure of justice in not holding that according to the provision of sections 91 and 92 of the Evidence Act oral evidence is inadmissible to alter or contradict the contents of a registered instrument. 7. No one appears in......s Involved: Hasan Foez Siddique, Advocate -For the Petitioner. Not represented- the Opposite Party. Civil Revision No. 1181 of 1980. Judgment Habibur Rahman Khan J. - This Rule at the instances of the defendant‑petitioner is directed against the judgment and decree dated 4.3.80 and......ubmits that the learned Court of appeal below erred in law in his decision occasioning failure of justice in not holding that according to the provision of sections 91 and 92 of the Evidence Act oral evidence is inadmissible to alter or contradict the contents of a registered instrument. 7. No on..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......ent July 22, 1990. Cases Referred to- H K Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485; Province of Bombay Vs. WI Automobile Association, 1949 Bom. 141. Lawyers Involved: Mustafa Niaz M......ndant Nos. 1 and 3 again was decreed ex parte on March 13, 1075. The present appellant preferred Other Appeal No. 122 of 1977 against the decree of the Trial Court. 4. The lower Appellate Court on evidence on record held that the plaintiff purchased 8 annas share of Anath Baran and Nirode Baran o..Category: Property Law | Date: | Hits: 69
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......e not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......uted that Asak Ali was murdered on 26th Chaitra, 1381 BS but according to defence plea he was murdered by persons other, than the appellants elsewhere in the darkness of night. Let us now examine the evidence to find out if the prosecution has been able to prove the charge against the appellants bey..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ...................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Party. Civil Revis......atian No. 503. The kabala said to have been executed by defendant Nos. 1 and 2 in favour of the defendant No. 1 named Broshi Debi which was registered on 25.4.74, exhibit 'Kha'. 6. Considering the evidence on record the Trial Court upon believing the evidence of PWs decreed the suit against defen..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......o the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......encement of this order. (3) On receiving an application under clause (2) the authority to which the application is made shall hold a summary inquiry in the prescribed manner and, after taking such evidence as may be produced, shall pass an order, stating the reasons thereof for rejecting the appl..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ...... This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......y the plaintiff-petitioner is at Moulvibazar whereas Money Suit No.21 of 2006 filed by the defendant No.1 New Sagurnal Teal Co. represented by its Chairman is shown to have been in Dhaka and that the evidence of P.W. 1 in Money Suit No.2 of 2005 has some time ago been recorded by the Court of Joint ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......d order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......cution examined 8(eight) witnesses in order to prove the charge against the accused persons. These witnesses were cross-examined on behalf of the accused persons present in dock. After closing of evidence of the prosecution the accused persons present were examined under section 342 of the Code ..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......rt Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......nefit of doubt. 6. Leave was granted to consider whether the High Court Division is justified in giving the accused-respondents the benefit of doubt despite the fact that there are corroborating evidence adduced by PWs 2, 3, 4, 5, 9 and 13. 7. There is no doubt that P.W.s 2, 3, 4, 5 and 9 ar..Category: Criminal Law | Date: | Hits: 90
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