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M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......o Reported in: ......on in the suit land or not and to the effect that whether the suit schedule land is government khas land or not. 9. In the suit the plaintiffs examined 5 (five) witnesses and adduced documentary evidence in support of their case while defendants examined 1(one) witness and adduced documentary e..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......(c) as quoted above, a question still remains to be seen, whether there are ingredients of offence under section 415 of the Penal Code. The trial Court is fully competent to determine it after taking evidence. So, it cannot be said outright that the complaint does not disclose any criminal offence. ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......rected to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ...... recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure, collected the materials on record and after investigation having found prima-facie case submitted memo of evidence before the Commission. After obtaining sanction as per section 32 of the Durniti Daman Comm..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
.... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
......sposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
......ot;the nomination of the writ petitioners is still valid against some posts designation against their names".
7. These observations were made in the facts of the given cases and documentary evidence produced in the High Court Division. In respect of alleged left out Ex-Mujib Nagar Employee..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......ier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......such the plaintiff could not acquire any right, title and possession in the suit land by virtue of his so-called purchase from the heirs of Nabid Ali. 5. The trial court, on consideration of the evidence-both oral and documentary adduced by both the contesting parties dismissed the suit by hi..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......ision
(Civil)
Present:
Nozrul Islam Chowdhury J
KM Kamrul Kader J
AHM Kamruzzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka......nt District Judge, 5th Court, Dhaka praying for 7 reliefs, these reliefs are not simple one in nature for adjudication in summary manner and need be adjudicated after taking both oral and documentary evidence and should not be decided in this summary proceeding under section 43 of the Companies Act...
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... Khan(P.W.2), A.T.M. Matin (P.W.3) and other witnesses; that the authenticated copy of the register of Power of Attorney, exhibit-M. is related to the lands of Tangail; that there is no corroborating evidence that the original power of attorney was destroyed by fire; that Zakir Hossain was not appoi..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......his judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......ion of land however imperfect his title may be, has a good title against the whole world except the true owner and until the true owner comes in Court to assert a claim to the property. Possession is evidence of title, and gives a good title as against wrongdoer. The High Court Division, in the..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... extraordinary reason for doing so. Criminal proceedings can be quashed if there is something on the record to show that the accusations in the complaint do not disclose an offence, at all, or that evidence adduced in the case discloses no offence as in that event, the process of the Court can be ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......udgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......tice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served. Plaintiff did not bring on record any evidence that address of the notice is not the address of the plaintiff. 14. We have also seen ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......d quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......ed Upazila Magistrate Court by the informant opposite party against the charge-sheet No.52 dated 02-05-1993 for not sending Ansar Sarder as accused in the Charge-sheet and the learned Magistrate took evidence on inquiry and also took cognizance against Ansar Sarder in this case. 5. The Rajbari PS..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......erference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......the New Nation Printing Press was not the successor establishment of the New Nation Publications Limited and held that this was a defence plea which as per well settled principle was to be decided on evidence before the trial Court and it was not at all ground for quashment. 11. The discrepancy..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......is appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ...... raise any objection to that effect. That the election was held freely and fairly and as such the election petition was liable to be dismissed. 5. The Election Tribunal, after considering the oral evidence and also the documents adduced by the contesting parties, allowed the election case vide ju..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......or any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ten witnesses who were duly cross-examined by the defence. The accused were examined under section 342 of the Code of Criminal Procedure whereupon they repeated their innocence but did not adduce any evidence in their defence. 5. The defence case, apparent from the trend of cross-examination of..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......with, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......ific allegation of brutal physical torture on an innocent housewife. The prosecution witnesses including two eyewitnesses, informant, victim and the doctor clearly proved the case by their respective evidence. The learned Judge rightly passed the judgment and order of conviction and sentence. There ..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......stances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......he period from the date of accident to the date of realization. The defendant Sadharan Bima Corporation contested that suit by filing written statement. The trial court, on consideration of the evidence adduced by both the contesting parties, and other facts and circumstances decreed that suit..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......ot;, and also the case of Sontosh Kumar Chakraborty Vs. MA Motaleb Hossain, 36 DLR (AD) 248, wherein it is held that when there is "Glaring misconception of law and non-consideration of material evidence, under section 115 High Court Division can interfere, and also the case of Government of Ba..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......is petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......f the trial Court. This power has been given to the appellate Court with a view to minimize the harassment of the parties to the litigation and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opini..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......llip;. Respondent Judgment February 14, 2012 Result: The appeal is dismissed. The Court of Law— Case Referred to- 37 DLR (AD) 1;Bipradas pal Chowdhury Vs. Kamaini Kumar Lahiri, AIR 1922 PC 48 and Lala Hakim Rai Vs. Lala Ganga Ram, AIR 1942 PC 61 Lawyers ...... statement. Subsequently after enactment of Act 4 of 1990 the suit was renumbered as Artha Rin Suit No. 264 of 1990 in the Court below and proceeded with the suit. The Court below after examining the evidence both oral and documentary decreed the suit to the tune of Taka 2, 25,886 only. Being aggrie..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......s also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......ll of the telephone and as such, the impugned judgment and order should be set aside. The findings of the High Court Division regarding non-payment of telephone bill are erroneous and contrary to the evidence on record.
13. Mr. M. Amirul Islam, learned Senior Advocate with Mr. A. J. Mohammad Ali, l..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
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