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Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be depositÂed within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......e an amicable partition of the suit lands which they refused. 3. Defendant Nos. 1,2,3,11,16 and 17 filed written statements but ultimately the defendant Nos.1 and 12 contested the suit by adducing evidence. They admitted that original recorded owner of the suit land was Herajtullah Sheikh, Binod ..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petiÂtion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ...... dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......hich could not be placed before this court at the time of hearing of the leave petition. He further submits that the trial Court and the lower appellate Court on consideration of oral and documentary evidence having found that the plaintiffs have been able to prove their claim of taking settlement o..Category: Property Law | Date: | Hits: 80
....nings.
Under such circumstances, this petiÂtion for Review has got no substance and it is dismissed with the aforesaid observaÂtion.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......substance and it is dismissed with the aforesaid observaÂtion.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......rned Subordinate Judge, by his judgment and decree dated 26.11.1981, decreed the suit.
3. On appeal being the First Appeal No.67 of 1982, the High Court Division, by an elaborate discussion of the evidence on record, by its judgment and order dated 11.07.1991, allowed the appeal and set-aside the..
Category: Limitation Law | Date: | Hits: 165
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......t Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Ayesha Khatun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. ......possession in respect of kha scheduled land? 6. To what relief, if any, are the plaintiffs entitled to? 12. The learned Subordinate Judge considering the facts and circumstances of the case and evidence on record by his judgment dated 31-5-1999 decreed the suit deciding all the issues in favou..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......e, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......case there is no eye-witness of the murder of victim of crime. Having regard to the manner, place and time of occurrence it was difficult on the part of prosecution to place on witness box any ocular evidence for the commission of murder of victim of crime. It is posited here that for a crime to be ..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......f 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......awyer. The trial Court however, appointed a State defence lawyer to defend all the 7 condemned convicts and co-accused Sultan. 8. To prove the charges, the prosecution adduced oral and documentary evidence by producing 44 witnesses and examined 35 of them. Nine of the prosecution witnesses (PWs 1..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607....... Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......hich he pleaded not guilty and claimed to be tried in accordance with law. 5. In order to substantiate the charge, prosecution produced 5 witnesses before the Tribunal below, On the closure of the evidence of the prosecution witnesses the jail appellant was examined under section 342 of the Cr.P...Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......iously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......the doctor declared him dead. In cross-examination PW 2 further states that the victim was unable to speak so they could not make any queries to him about the incident. 7. PW 3 Jharna Begum in her evidence stated that on 16-12-98 at about 3-00 AM some people knocked at the western door of the nor..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......t July 12, 2004. Cases Referred to- Md. Jabed Ali and others Vs. Rakhal Chandra Mandal and others, 33 DLR (AD) 309; Abdur Rouf Vs. Ahmuda Khatun, 33 DLR (AD) 323; Md. Rais Ali Vs. Imam Hossain and others, 33 DLR 318; Chandra Kumar Vs. Abdul Motaleb, 19 DLR (SC) 36; Md. Khaindlah Bhuiyan Vs...... three witnesses including appellant No. 1, Copy of impugned sale deed dated 2-6-97 was marked as Exhibit-1 while the documents of the appellants were marked as Exhibit 'Ka' to 'Cha'. 13. Upon the evidence oral and documentary on record learned Subordinate Judge found that the pre-emptor was a co..Category: Property Law | Date: | Hits: 69
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......on (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Abdul Aziz (Md.)………………………………………...Petitioner Vs. Sonia Pervin Liza (Minor) ……………………………Opposite Party. Judgment July 9, 2006. Cas......rn up to place the contention of the defendant before the Court but the case, as it appears from the revisional application, is that the learned appellate Court below failed to consider the facts and evidence of the defendant while affirming the judgment and decree passed by the Family Court, Shatur..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......iberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......regular appeal being Criminal Appeal No. 3644 of 2003 condemned prisoner Hasan has taken the said grounds and also some other grounds raising legal and factual issues including the credibility of the evidence of PWs 2, 3, 4, 5, 12, 13, the credibility of the retracted confessional statements of Shah..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ...... in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......n purchased the said land and the auction sale was acted upon, but the learned lower appellate Court misconceived and misunderstood that fact and came to an erroneous decision without considering the evidence of PW and DWs and the documents filed by the contesting defendants and thus he reversed the..Category: Property Law | Date: | Hits: 70
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......lshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......red that the petitioner is a renowned businessman having reputation both here and abroad. Further, there is no evidentiary value of confessional statement of the co accused if not corroborated by the evidence. So, this instant statement has no value in the eye of law. 9. We have also taken seriou..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......rt's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......standing election dispute between them, that over such rivalry', the appellants were falsely implicated in this case. 6. After trial, the learned Judge of the trial Court upon consideration of the evidence on record and by the judgment and order of conviction and sentence dated 30-9-1991 convicte..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ...... Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 13, 2004. ...... receive any communication from first defendant PBL refusing the documents within seven days. Third defendant KEB received the letter of acceptance dated 26‑6‑1993 on 2‑7‑1993 but they had no evidence to show to the Court that on 2‑7‑1993 they received the letter. The telex was dated 3â€..Category: Business or Commercial Law | Date: | Hits: 289
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no subÂstance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ...... the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......y; that the plaintiffs failed to prove the alleged story of transfer of the suit land by defendant No.25 to Masaddar Ali, plaintiffs' predecessor cither by exeÂcuting any document or by adducing any evidence as payment of any consideration money, delivery of possession, and more particularly when P..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......rdingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91....... there was no consent at all and the consent decree was on the basis of intimidation and thereÂfore it was not a consent decree at all and the Court of appeal ought to have decided the allegation on evidence and decided the appeal on merit instead of rejecting the same on maintainability only. 1..Category: Property Law | Date: | Hits: 65
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......er as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......isdiction on the disputed question of facts, inasmuch as whether the petitioner No. 1 is a loan defaulter or not and that the issues raised in this writ petition require proper adjudication on taking evidence and/or examination on oath and, as such, the allegations brought against this bank in the w..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......e in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......les. The Appellate Tribunal, as it appears from the impugned order, took the view that admittedly the assessee appellant is the director of more than one company and he could not show any documentary evidence from the other company that he does not receive any remuneration therefrom and thus, upheld..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......accused persons. 4. The investigation of the case was entrusted to Abu Md. Arif Siddique, Inspector, DAB Chittagong who visited the place of occurrence, seized alamats of the case and recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and subsequently, Insp..Category: Criminal Law | Date: | Hits: 53
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