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United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......ction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J United Commercial Bank Ltd……………Defendant-Appellant Vs. Rahimafrooz Batteries Ltd. and others……………….Plaintiff-Respondents Judgment February 23, 2000. Case Referred To- Shyamakant Lal Vs. Ramb......o purchase the suit property over the defendant No. 3 at the price offered by the highest tenderer and whether the plaintiff is entitled to any other relief or reliefs. 8. Considering the material evidence on record and hearing the parties the trial Court decreed the suit in favour of the plainti..Category: Tenancy Law | Date: | Hits: 135
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......late Hazi Md. Abed Ali of Village-Technoadda, Post office- Poshi Bazar, Police Station-Rupgonj, District-Narayangonj…....................Petitioner Vs. 1. Noor Mohammad, Son of late Safaruddin alias Safaruddin 2. Samala Bibi, wife of late Safaruddin alias Safaruddin of Village-Goalpara...... and possessing the same. These claim of the plaintiff has to be proved by the cogent witnesses in order to get the decree as prayed for. It appears that the learned Trial Judge while considering the evidence of P.W.2 and P.W.3 came to the finding that these two witnesses being the attesting witness..Category: Property Law | Date: | Hits: 74
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ould, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ne appeared. Today it has been taken up for hearing, still no one has appeared to press the appeal. In view of long pendency of the appeal, we have taken it up for disposal. 7. We have perused the evidence and other materials on records, the inquest and post mortem report, and have gone through t..Category: Criminal Law | Date: | Hits: 58
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......his appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......s from the cross-examination of the witnesses, is that of absolute innocence of the accused and that the deceased died of poison. 2. During trial prosecution produced 26 witnesses. After recording evidence the trial Court examined the accused under section 342 Cr.P.C. to which she pleaded again h..Category: Criminal Law | Date: | Hits: 60
.... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614.......der as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614.......permission was not necessary for filing a suit in a representative capacity. The objection regarding locus standi of the plaintiff or whether there was any cause of action for the suit are matters of evidence to be decided in the suit. The defendant-petitioners are at liberty to agitate those questi..
Category: Civil Law | Date: | Hits: 94
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612.......urt of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612.......ng against the petitioner under section 186 of the Penal Code. Even if there is any statement of the Superintendent of Police to the effect that he received a telephonic call from the petitioner such evidence cannot be basis of implicating the petitioner in the case because the identity of the calle..Category: Criminal Law | Date: | Hits: 58
Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......r attention to the confessional statement of the petitioner submits that although in this case by this time 26 P.W.s. have been examined save and except the confessional statement there is no iota of evidence against the petitioner and none of the P.Ws have disclosed the name of the petitioner and o..Category: Criminal Law | Date: | Hits: 48
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......Jurisdiction) Present: AFM Abdur Rahman J 1. Mohammad Ali, son of late Sebu Miah 2. Ambia Khatun, Wife of Mohammad Ali, both of village Pachdona, P.S. Keranigonj, District Dhaka……..Plaintiff-Respondent-Petitioners Vs. Noor Mohammad, Son of Late Kafiluddin of village-Nababercha......ts in order to prove their respective claim in the suit. 8. The learned trial Judge Mr. Md. Borhanuddin Ahmed, being Senior Assistant Judge, Keranigonj upon hearing the argument and examining the evidence, both the oral and documentary, found that the plaintiffs successfully proved their case an..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ...... petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......unt and the borrowers used to bear the pay and allowances of the respondents. 6. The respondents No.1 i.e. the 2nd Labour Court Dhaka after considering the facts and circumstances of the cases and evidence on record allowed the aforementioned complaint cases filed by the respondent No.2 on contes..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......ditional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......y order on the prayer of the Investigating Officer. An order stopping further proceeding under this provision does not operate as an order of discharge. In this case Police having found no sufficient evidence submitted final report with a prayer for discharge of accused and the Magistrate accepted t..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593......., be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593....... examined under section 342 of the Code of Criminal Procedure to which he reiterated his plea of innocence. He further stated his signature was obtained by force. He, of course, refused to adduce any evidence. 13. Thereafter the Tribunal passed the impugned judgment and order as already stated ab..Category: Criminal Law | Date: | Hits: 48
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ......icate a copy of this judgment at once. Ed. This Case is also Reported in: ......Acquisition and Requisition of Immovable Property Ordinance, 1982 the suit itself is not maintainable. This is the settled principle of law that the plaintiffs are to prove their own case by adducing evidence oral and documentary, she argues. If the defendants fail to produce any documents in suppor..Category: Property Law | Date: | Hits: 58
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ...... 10. Being aggrieved there against the appellants preferred the instant 2(two) separate appeals. 11. The learned advocate appearing for the appellants submits that this is absolutely a case of no evidence and the prosecution has failed to prove the charge by adducing any corroborative evidence o..Category: Criminal Law | Date: | Hits: 56
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......ed in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......veled against them. 8. Being aggrieved there against the appellant preferred the instant appeal. 9. The learned advocate appearing for the appellant submits that this is absolutely a case of no evidence and the trial court convicted the appellant only on relying upon P.W.1 the informant but on..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......rred the instant appeal. 10. The learned advocate appearing for the appellant on drawing our attention to the deposition of the witnesses and the impugned judgment submits that there is no iota of evidence against the appellant and the appellant is simply been convicted only on unproved circumsta..Category: Criminal Law | Date: | Hits: 52
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134....... and the defendant No.2 examined one witness but Safiuddin Bhuiyan, the attorney holder, did not adduce any witness. 3. On consideration of the facts and circumstances of the case, materials and evidence on record and the submissions of the learned Advocates of the contesting parties, the Trial..Category: Property Law | Date: | Hits: 61
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......ment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......uses to his daughter - the plaintiff on her assurance that she would not claim any further share from the remaining properties of Abdur Rahman. 4. The learned Subordinate Judge on consideration of evidence and other materials on record decreed the suit. 5. Being aggrieved by and dissatisfied w..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......med J Biplob Chandra Das and another….………..Petitioners Vs. Biren Chandra Das and others ………….Opposite Parties Judgment July 31, 2000. Cases Referred To- Moslemuddin (Md.) and others Vs. Md. Johab Ali and another, 50 DLR (AD) 13; HN Fabrics Ltd. Vs. Mallick Texti......terest of the defendants was the owner in possession of the suit. And which is situated within the homestead of the defendant petitioners as well as the plaintiffs-opposite parties. It is also in the evidence that there was some dwelling huts of the defendants on the suit property comprising an area..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
.... Paper-Book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ......earlier by this Court is extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 127. ...... Rules,1985, were instituted against him on the allegations of corruption and that he was also placed under suspension. In course of the departmental proceedings, an enquiry was held but found no evidence in respect of the allegations as raised against the writ-petitioner. As such, the concern..Category: Employment/Service Law | Date: | Hits: 73
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......e petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......lation of any mandatory procedural provision the High Court Division stayed of proceedings allowing the offenders to escape criminal justice inasmuch as the notice in this case is the tool together evidence on assets and it is in no way concerned with natural justice which shall be available to ..Category: Fiscal/Taxation Law | Date: | Hits: 86
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