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Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....1 to show cause why order dated 29-6-1997 passed by the learned Additional District Judge, Second Court, Bogra in Other Class Appeal No.26 of 1997 should not be set aside. 3. A brief resume of the facts essential and requisite for the purpose of answering to the question is stated hereunder: T......CD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....he case of Pakala Narayan Swami Vs. Emperor, AIR 1939 PC 47 a confession is said to be a statement made by an accused which must either admit in terms the offence or at any rate substantially all the facts constituting the offence. A statement containing self-exculpatory matters cannot amount to con......e is also Reported in: 51 DLR (HCD) (1999) 397.......trate who recorded the statement of appellant Ahsan Ali and tendered one. The defence examined none. 6. Mr. MA Wahab Miah, the learned Counsel, for the accused-appellants, has taken us through the evidence on record and the judgment delivered by the trial Court and argues that there is absolutely..Category: Criminal Law | Date: | Hits: 132
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344....... sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......so not adverted to this clear finding and therefore on all material points the appellate Court's judgment is not a judgment of reversal at all. 10. The trial Court also found after discussion of evidence on record that the suit land is possessed by the plaintiff-petitioner. The appellate Court ..Category: Property Law | Date: | Hits: 133
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......ed in: 42 DLR (HCD) (1990) 335.......l Banoo and Lal Banoo is wife of defendant No.20 Amjad Ali. In his cross-examination he has stated that he is not an attesting witness in the document and that he heard about the document only. His evidence thus has no evidentiary value in respect of the execution of the deed of gift of Korfulness..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....he Subordinate Judge, Second Court, Sylhet in Title Suit No.147 of 1988 confirming the order of ad interim injunction passed on 26.9.1988 against the defendant petitioner Nos.27 and 28. 2. Short facts leading to this revisional application is that Title Suit No.206 of 1970 was decreed and the......zizur Rahman Chowdhury with Md. Shamsul Hossain, Advocates—For the Opposite Parties. Civil Revision No. 43 of 1989. Judgment Qazi Shafiuddin J. - This Rule is directed against the judgment and order dated 23.1.1989 passed by the Subordinate Judge, Second Court, Sylhet in Title Suit No.147......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....d 3.8.1988 in analogous hearing passed by Assistant Judge, Second Court at Sadar Chittagong being Other Suit No.68 of 1988. Both the Rules are being disposed of under this judgment. 2. The brief facts leading to this Rule are these. The Bangladesh Chemical Industries Corporation (BCIC) had a pr......Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company Vs. Hawkesford, 37 L.J. 248; Mian S......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....aru, (the vessel) in which the alleged bunkers were supplied. Defendant No.2 is the Master of the vessel while defendant No.3. Momtaz Shipping and defendant No.4 is the owner of the vessel. 2. The facts leading to the filing of this admiralty suit, as stated in the plaint, in brief, are that on t......neering Co. Ltd. Vs. mv Andrea Ursula (1973) 1 QB 265; David Morgan Vs. Steamship "Castlegate" (1893) AC 38, Owner Of "Arild" Vs. Societe Anonyme De Navigation Hovrani 1923 Lloyd's List Law Rep KB 50 and The "Yuta Bondarovskaya (1998) 2 Lloyd's Law Rep 357. Lawyers Involved: Tania Amir Advocat......mission of those documents which were, however, marked ex‑hibits with objection. 8. Besides, under section 118 of the Evidence Act, it is for the plaintiff to prove his case, on preponderance of evidence, either by deposing himself or by examining any other person on his behalf. In this case, t..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....fety. The respondents have not filed any affidavit-in-opposition disclosing materials justifying retention of the petitioners gun and licences in their possession for indefinite period. 16. In the facts and circumstances the impugned order as exhibited by Annexure ‘A’ to the writ petition is ......ion (Special Original Jurisdiction) Present: Md. Fazlul Haque J Md. Abdul Matin J Major (Retd.) M Asaduzzaman……………………..Petitioner Vs. District Magistrate, Jessore and others…………………………Respondent Judgment June 21, 1999. Result: The R......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471...Category: Criminal Law | Date: | Hits: 132
....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......tion.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......by the defendant. But possession of the plaintiff in the aforesaid circumstance has not created any title by adverse possession. Both the Courts below legally and rightly found on appreciation of the evidence on record that the plaintiff failed to prove his title. Original plaintiff Abul Hossain has..
Category: Property Law | Date: | Hits: 130
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....gainst an order passed by District Judge, Noakhali on 25-3-95 in Probate Miscellaneous Case No.38 of 1993 rejecting an application refusing to summon transferees to produce documents. 2. The short facts for the purpose of disposal of the Rule are that, the opposite party No.1 being petitioner ins.............is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460...Category: Property Law | Date: | Hits: 106
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....ctive of whether he did any overt act or not. 10. I have perused both the cited cases. It is clear to me that the principle laid down in the case of Bangladesh Vs. Abed Ali is applicable in the facts and circumstances of the present case. It is true that when the accused persons assembled at f......d. This Case is also Reported in: 51 DLR (HCD) (1999) 457....... The learned public prosecutor Barisal preferred the above appeal against the judgment and order of acquittal. In the appeal the learned Additional Sessions Judge after discussing and considering the evidence on record found all the accused guilty under section 147 and the accused Bazlur, Alamgir an..Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......lso Reported in: 51 DLR (HCD) (1999) 454....... of arrest for production of the defendant No.3. 11. Order 16 rule 10 sub-rules (1) and (3) read as follows: “10. (1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a document fails to attend or to produce document in compliance with such sum..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....the Holy Quran as written in the deeds have been given to her from the side of donees. 15. So the decision of 21 DLR 626, as referred above, is not applicable in the present case in view of the facts and circumstances of this case. 16. Courts below found the suit not barred by limitation...... hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......en held as follows: “In a case of a document executed by an illiterate pardanashin lady, the burden lies on those who seek to hold the lady to the contents of her deed to satisfy the court on evidence that the deed was actually executed by her with full understanding of what she was about to..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447....... Vs. Bangladesh…………….Opposite Party Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred to- Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Kalyan Krishna Goswami Vs. Madhyapara High School and another, 15 BLD 5......tion of complicated title is concerned the plaintiffs should have filed a suit for declaration of title and should make the prayer for permanent injunction. 8. Both parties led their respective evidence. 9. Trial Court decreed the suit believing claim of settlement of the plaintiffs on t..Category: Property Law | Date: | Hits: 103
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......— For the Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revision No.1984 of 1996. Judgment Md. Iftekhar Rasool J.- This Rule is directed against the judgment and decree dated 3-6-1996 and 10-6-1996 respectively passed by the District Judge, Netrakona in Fami......t and when the defendant was going to arrange a ‘darbar’ for recovery of the said amount, the plaintiff brought this false suit which is liable to be dismissed. 4. The trial Court recorded the evidence of 5 P.Ws. as against 3 D.Ws. and upon conclusion of trial of the suit he decreed the suit ..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....stries Ltd. under Article 34 of the Bangladesh Shilpa Rin Sangstha Order, 1972 (PO 128 of 1972) read with the Bangladesh Shilpa Rin Sangstha (Direct Sale of Mortgaged Property) Rules, 1981. 2. The facts leading to the passing of the impugned judgment and order are briefly as follows: The Bangl...... Result: Both the appeals are allowed. Cases Referred to- Food Controller Vs. Cork, 1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to 99 All ER (reprint) 408; MK Ranganathan and another Vs. Govt. of Madras and others, AIR 1955(SC) 604; Buldeo Narain Singh Vs. United Indian ...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....n of restoration of possession to the petitioners does not arise at all. Report submitted by the Additional Deputy Commissioner (LA) Dhaka to the Ministry on 10.5.1983 is incorrect and suppression of facts. The petitioners managed to prepare the said report and the map attached thereto in illegal co......ed in: 44 DLR (HCD) (1992) 447. ......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....ppeal is directed against the judgment and order of conviction and sentence passed by Mr. SM Jamshedur Rahman, Additional Sessions Judge, Netrokona in Sessions Case No.297 of 1984. 2. The relevant facts of the case as stated in court by P.W.1 Abdur Rashid, son of the informant Abdul Hamid Khan (n......ported in: 44 DLR (HCD) (1992) 441........ The accused persona pleaded not guilty to the charges. 6. The prosecution examined 11 witnesses and the defence examined none. 7. The learned Additional Sessions Judge on consideration of the evidence and materials on record found accused appellant Abdul Quddus guilty of the offence under se..Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......rted in: 44 DLR (HCD) (1992) 431.......trial there was addition to the prosecution story as set up in the first information report, that the report of the post‑mortem examination of the dead body of Amiruddin was illegally admitted into evidence, that the learned Sessions Judge did not notice that the appellants' acts in question were ..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......ssain Ansari, PLD 1955 Sind 282; Amin & Co. Vs. Province of East Pakistan, I8 DLR 629. Lawyers Involved: Dewan A M S Zaman, Advocate‑For the Petitioner. Nazrul Islam Chowdhury and Md. Abdur Rab, Advocates- For the Opposite parties. Appeal from Original Decree No. 42 of ......t that Ataur Rahman who was a wage‑earner in the United Kingdom influenced the defendant No.1 who was the Chairman, that the said defendant No.1 turned down the prayer of the plaintiff for adducing evidence in the arbitration proceedings and that the award was in fact prepared by one Mr. Saiful Al..Category: Alternative Dispute Resolution | Date: | Hits: 362
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