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Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)

.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......ized under the Seizure List No. 7 and 8. PW 4 Abdul Motaleb attested witness of the aforesaid Heba deed. PW 5 Makbul Hossain was attached to Bogra Sadar Registration Office as a Record Keeper and his evidence is that the investigation officer seized the Thumb Impression Register Ext. 14 bearing the ..

Category: Criminal Law | Date: | Hits: 129

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....this case in­volves substantial question as to the interpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......erpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......icer were declared to be invalid, but the orders which were averred by the signing officer to have been made after consideration of the relevant materials or in respect of which there was no contrary evidence, were held to be valid. 13. The case of Liversidge Vs. Anderson was distinguished in the..

Category: Constitutional Law | Date: | Hits: 291

Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)

....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......6, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......and. Mr. Mahbubey Alam, appearing for the plaintiffs contended that the High Court Division failed to notice that apart from the admission of Abdul Majid, the plaintiffs led both oral and documentary evidence in support of their claim, but the defendants failed to substantiate their claim that in pu..

Category: Property Law | Date: | Hits: 127

Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)

.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285.   ......to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285.   ......l safety valve by inserting section 25(3) in the Contract Act to enable creditors to chase such moonlight flitters even beyond the limitation period. 9. In the light of the pleadings, the trend of evidence and the judgment under appeal and, of course Mr. Hasnat's broad spectrum submissions, the, ..

Category: Banking Law | Date: | Hits: 215

Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)

.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... Alam Kabiraj, Sharifuddin, Majid Sarder, injury certificate, inquest report, chalan, map, index were marked Exhibit 1‑16, alamats were marked materials Exhibit I G. After conclusion of prosecution evidence accused present at the trial were examined under section 342 Cr.P.C. and the statements wer..

Category: Criminal Law | Date: | Hits: 42

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......s. Ed. This Case is also Reported in: 55 DLR (2003) 264. ...... The parties were directed to place only the relevant certified copies relating to the said Writ Petition No. 42 of 1960 at the time of hearing the parties should not be allowed to adduce any further evidence with regard to the valuation of the acquired land. 11. At the very outset, plaintiffs su..

Category: Property Law | Date: | Hits: 95

Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)

....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......with SS Sarker Advocates—For the Petitioners. AB Roy Chowdhury, Advocate—For Opposite Party No.1. Civil Revision No. 3240 of 1993. Judgment Md. Awlad Ali J. - This Rule is directed against the judgment and decree dated 8-7-93 passed by the District Judge, Chandpur in Title Appeal No.......e entire land the plaintiffs claim their possession is unascertainable and the conclusion of the trial Court is that exclusive possession of the plaintiffs in the suit land has not been proved by the evidence adduced, and the defendants were found to be in possession of the land as they are residing..

Category: Property Law | Date: | Hits: 64

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......q Siddique, Advocate -For the Petitioner. Muhammad Samsul Hoque, Advocate‑For the Opposite Parties. Civil Revision No. 3089 of 1998. Judgment Hasan Foez Siddique J.- Rule is directed against the judgment and decree dated 16‑6‑1998 passed by the learned Subordinate Judge, First Cour......ismissed. 4. The plaintiff examined five witnesses and the contesting defendant petitioner examined two witnesses in support of their respective cases and both the parties adduced some documentary evidence. 5. The learned Assistant Judge, on consideration of the materials on record, decreed th..

Category: Property Law | Date: | Hits: 84

State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)

....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ...... of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......pondents have been falsely implicated in the case out of enmity and that they are not at all involved in the mur­der of Giasuddin. 4. The learned Additional Sessions Judge on consideration of the evidence on record by judgment and order dated 3rd February, 2005 found the accused respondent Abdul..

Category: Criminal Law | Date: | Hits: 47

Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)

.... we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53....... the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53.......n-Record, appearing for the petitioner submitted that the High Court Division erred in law resulting in an error occasioning failure of justice in misread­ing, misconstruing and misunderstanding the evidence and materials on record and consequently failed to comprehend the facts of the case and mis..

Category: Criminal Law | Date: | Hits: 44

Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......ssions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......ved in the mater is an abuse of the process of Court. 5. It appears that the allegation brought against the accused petitioner in the FIR and charge sheet would be proved or dis­proved by leading evidence at the time of trial and the offence of the accused peti­tioner could not be adjudicated w..

Category: Criminal Law | Date: | Hits: 55

Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)

.... of paper books is dis­pensed with as prayed for. The period of order of stay granted ear­lier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......xtended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......Md. Zahangir, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division has committed illegality confirm­ing the death sentence without considering the material evidence on records such as the F.I.R., the charge sheet, the statements of the P.W.'s of the case; ..

Category: Criminal Law | Date: | Hits: 49

Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)

....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......emises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......6 filing written statement claimed that the predecessor-in-interest of the plaintiffs settled 2.57 acres of land with the said defendant. 4. The learned Subordinate Judge on con­sideration of the evidence and materials on record dismissed the suit vide judg­ment and decree dated 22.10.1991. Bei..

Category: Property Law | Date: | Hits: 93

Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)

....bove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......it to grab the land. The suit is barred by limitation and is liable to be dismissed. 4. Mr. Md. Nurul Amin, learned Advocate, appearing for the petitioner submitted that the plaintiffs admitted in evidence that নালিশী কবলা ভুক্ত জমি জমা ভাইয়ের..

Category: Property Law | Date: | Hits: 84

Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)

.... be sustained and accord­ingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......dated 15.4.75, which is a permanent record and is kept under double lock, was not called for and accordingly the High Court Division rightly refused to rely on the photocopies of the same as the best evidence was with­held; further the execution of the Deed No.21065 dated 21.4.75 was proved by Faru..

Category: Property Law | Date: | Hits: 109

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......ce of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... of the deceased and sent the dead body to morgue for post­-mortem examination. The Investigating Officer prepared the sketch map of the place of occurrence with separate index thereof, recorded the evidence of witnesses under section 161 of the Cr.P.C., got the confessional statement of accused Fa..

Category: Criminal Law | Date: | Hits: 84

Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)

....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for re­hearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ...... Md. Abdul Wahhab Miah J Atiqur Rahman Mullah……………………Petitioner Vs. Abul Kalam Azad and others……………..Opposite Parties Judgment December 14, 2002. Lawyers involved: Md. Samsul Hoque, Advocate-For the Petitioner AKM Shahidul Hoq with Tania Siddiqua, ......ecree dated 28‑11‑93 passed in Title Appeal No. 62 of 1991 by the learned Additional District Judge, Madaripur who mostly relied upon the application filed by said Mosarnmat Rahima Khatun and the evidence of Md. Habibur Rahman Mollah. Said Rahima Khatun was not examined in Court for which she co..

Category: Property Law | Date: | Hits: 73

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......ts. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......1 for re­-adjudication of the matter afresh in the light of the observations made above after giving an opportunity of being heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported i..

Category: Intellectual Property Law | Date: | Hits: 226

Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)

.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......t is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... She further stated that the trial Court while conducting the suit has seen the father and the child and found the similarity of their appearance. She further submits that the plaintiff stated in her evidence that she had been with her husband for few days after marriage. In cross-examination she de..

Category: Family Law | Date: | Hits: 186

State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)

....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ...... decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......ry. She stated that on hearing about the incident she went to the place of occurrence and saw the dead body of the victim. This witness does not corroborate the testimony of PW1 and she makes hearsay evidence. PW12 also does not support the prosecution case. She has been declared hostile by the pros..

Category: Criminal Law | Date: | Hits: 43