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....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......¦†ŕ¦®ŕ¦ľŕ¦•ŕ§‡ সন্দেহ দেখাইয়াছেন। কখনও কোন প্রকার অŕ¦ŕ¦żŕ¦Żŕ§‹ŕ¦— করেন নাই।”
Malice in fact is to be established by evidence if it is alleged. The question of malice in fact is to be established by evidence. The peti..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......val of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......istrate on 25.10.86 who framed charge against them under sections 148/448/379 of the Code of which they pleaded not guilty and prayed to be tried. 4. The learned Magistrate on consideration of the evidence on record convicted the accused persons under sections 448 and 379 of the Penal Code and se..Category: Criminal Law | Date: | Hits: 73
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......d others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For the Opposite Party No.......ff examined two witnesses including her herself as PW 1 and the defendant examined three witnesses including one of its Lower Division Assistant as DW 3. 5. The Trial Court on consideration of the evidence on record decreed the suit in part allowing specific performance of contract only to the ex..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......s Referred to- Chockia Thevar Vs. Shanmugasundaram Chetliar and another, AIR 1965 (Madras) 610; Chief Kwame Asante, Tredehene Vs. Chief Kwame Tawia, 9 DLR (PC) 686; AIR 1956 (Madras) 611; Mafizuddin Mia Vs. Muzlim Khandaker and others, 6 DLR 588; Neyaz Ahmed Khan Vs. Anwari Khatoon, 22 DLR 444, ...... served upon the defendants and hence the defendants are liable to be evicted from the suit premises. The Trial Court decreed the suit on contest and the Court of appeal below on consideration of the evidence on record dismissed the appeal preferred by the defendants and the judgment and decree of t..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ...... writ jurisdiction is not maintainable for deciding the question of fraud and material irregularity in publishing and conducting the sale, which are essentially a question of fact to be determined on evidence and could not be conveniently dealt with in writ jurisdiction". 13. This Division approv..Category: Civil Law | Date: | Hits: 113
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....ed‑in‑chief but unfortunately he died before he could be cross‑examined. An application was thereupon filed from the side of the petitioner for an order to have his deposition expunged as being inadmissible. The trial judge, by the impugned order dated 5.8.91, rejected the same. It is against ......110. ......pugned order dated 5.8.91, rejected the same. It is against this order that the petitioner obtained the present rule. 2. The sole question that is involved in this rule, therefore, is whether the evidence of the said witness should have been excluded in the facts and circumstances of the case. ..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......bandoned and taken possession by the Government under the President's Order No.16 of 1972. By the impugned judgment and order the Court of Settlement dismissed the case. 2. Facts as found from the evidence given in the Court of Settlement are as follows: In 1955 the petitioner came to Chittago..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......0 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......the money as friendly loan. Court below has found a prima facie case against the accused petitioner on consideration of the said allegations as well as other materials on record. At this stage before evidence is led by the prosecution it is difficult to hold that the accused petitioner had no initia..Category: Criminal Law | Date: | Hits: 132
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......s 1987 BLD (AD) 205. Lawyers Involved: Faridul Alam Chowdhury, Advocate ‑ For the Petitioners. M Fazlul Karim with Omar Farook, Advocates‑ For the Opposite Parties. Appeal from Original Decree No. 107 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule the opposite partie......tenant is a necessary party in a suit for ejectment. There is no dispute about the proposition of the law but the question remains did the petitioners before me could prove their sub‑tenancy by any evidence before the Trial Court. The answer is in the negative. Although a sub‑tenant is a necessa..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......ive costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......person who is a citizen of a State which at any time after the 25th day of March, 1971, was at war with or engaged in military operations against the People's Republic of Bangladesh." 14. It is in evidence that the suit property was taken over as abandoned property on 29.4.72 and soon thereafter ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... Md. Hazee Kalu ....................................Respondent. Judgment January 1, 1989. Cases Referred to- Pathana Vs. Mst. Wasai, 17 DLR (SC) 47; Mussummat Durga Chowdhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appeals 122. Lawyers Involved: SK Zulfiqur Bulbul Chowdhury with Far......the defendants pleaded that the land in suit is homestead land of their predecessor‑in‑interest but from the judgment of the Trial Court it appears that the defendants could not prove by adducing evidence that the land in dispute was a portion of the dwelling‑house or the homestead land. Secon..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......d the parties were heard as many as on 22 days from June 9 to August 10, 1982. The Arbitrator after a protracted hearing and having had gone through the respective written statement and examining the evidence produced made the award on August 29, 1982. He filed the award on 31.10.82 in Court with no..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......t the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ence, could not be held to be guilty and punished on the above charges. The learned Assistant Sessions Judge on hearing both the sides and considering the facts and circumstances, of the case and the evidence on record was pleased to find these three (3) appellants guilty under sections 304/part-1/3..Category: Criminal Law | Date: | Hits: 86
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ...... The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......ing the prosecution, the learned Additional Sessions Judge examined the appellants under section 342 of the Code of Criminal Procedure, to which they reiterated their innocence but did not adduce any evidence in defense. The defense case, as it appears from the trend of cross-examination, that the a..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......kider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......d Judge examined the appellants under section 342 of the Code of Criminal Procedure, when they reiterated their innocence and examined nine defense witnesses. The defense case, as it appears from the evidence of defense witnesses as well as from the trend of cross-examination, is that the victim Abd..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......ey should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......s are involved in the commission of the offence. The learned trial Court has found the appellant along with others (absconding) guilty under sections 302/34 and convicted them on consideration of the evidence on record and the dying declaration of the deceased. To ascertain the correctness or otherw..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75....... dead body to the jute field for concealing the same after killing her by beating." The learned trial Court found that there was no eye witness of the occurrence but considering the circumstantial evidence found the appellant guilty and convicted and sentenced him as aforesaid. 9. Mr. MA Wahab..Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......refore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......not be secured without giving a hearing to a person against whom some allegations have been made. 13. Moreover, it is now well‑settled that an appealable order must be a speaking order, based on evidence and material taken on affidavit or on examination of witnesses and on production of papers...Category: Trust/Waqf Law | Date: | Hits: 157
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....principles that the conditions necessary for the application of section 27 are, firstly, that portion of the information which relates distinctly to the fact discovered can be proved, but the rest is inadmissible. For instance A says, “you will find a knife at a particular place. I killed with it.......uitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......the Court where she stated that Jamshed took away her husband on the plea that there would be a salish in Jamshed's house. P.W.5 Latifa Bibi is the mother of deceased Amjad. She only corroborated the evidence of P.W.3 that Jamshed called and took away her son Amjad on the plea that a salish would be..Category: Criminal Law | Date: | Hits: 62
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......n) Present: Syed Fazle Ahmed J Bangladesh ......................... Petitioner Vs. Abdul Wahab & others ...................Opposite Parties Judgment June 3, 1991. Lawyers involved: Kaiseruddin Ahmed, Deputy Attorney‑General ‑ For the Petitioner. M Nurullah with......ion must be exercised on well recognised principle. It is true that in the matter of discretion no one case can be authority for another but at the same time discretion when exercised must proceed on evidence or material which the Court can legally take notice of. 18. It is true that while consid..Category: Procedural Law | Date: | Hits: 87
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