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Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......ĻâĻâĻâĻâĻâĻâĻâĻâĻâĻ.Petitioner Vs. Gour Gopal Datta and othersâĻâĻâĻâĻâĻâĻâĻâĻâĻOpposite Parties Judgment April 28, 1998. Lawyers Involved: Md. Mozaffar Hossain, Advocate â For the Petitioner. Bivash Chandra Biswas with SS Halder, Advocates â For the ......ntiff-petitioner examined 3 witnesses and the contesting defendants examined 3 witnesses and exhibited documents in supports of their respective case. 5. The learned Munsif on consideration of the evidence on record was pleased by this judgment dated 29-6-1983 to dismiss the suit on contest. Agai..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......uddjn Khan, AdvocatesâFor the Opposite Parties. Civil Revision No. 2527 of 1991. Judgment ABM Khairul Haque J.- This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause a......und title and possession in favour of the plaintiff and decreed the suit. On appeal being Title Appeal No. 169 of 1985, the learned Subordinate Judge and Commercial Court, Khulna, on consideration of evidence on record found, inter alia, that it is Amin Ali Biswas, the father of the miner plaintiff,..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51....... ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......arty to this criminal conspiracy. 4. Khondaker Mahbubuddin Ahmed, learned Advocate appearing for KM Obaidur Rahman, submits that the investigation of the case has failed to collect any material or evidence to establish involvement of the petitioner with the Jail killing. He submits that the Presi..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......port goes against the prosecution. (iv) Complainants are 8 brothers and 2 sisters. None of the complainantâs brother came to depose before the Court and they were the competent witnesses to give evidence regarding the fact and withholding of those persons went against prosecution. (v) There ..Category: Criminal Law | Date: | Hits: 42
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......ate of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......nlarged on bail, the accused petitioner along with other co-accused-petitioners threatened the informant and her sons and the charge-sheet named witnesses not to proceed with the case and not to give evidence in support of the prosecution. It is also stated that the informant made a General Diary wi..Category: Criminal Law | Date: | Hits: 65
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66....... The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......ave been proved by Noor Mohammad (P.W.3), Bachchu Mia(P.W.4), Kamal Hossain (P.W.6) and Haripada Das (P.W.7), the confessional statement proved by A.K.M. Humayun Kabir (P.W.13) and the circumstantial evidence of recovery of a tape recorder from the possession of P.W.4 which was said to have been sol..Category: Criminal Law | Date: | Hits: 58
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12....... the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......āĻ¤āĻžāĻšāĻžāĻ° āĻĒā§āĻ°āĻžāĻ°ā§āĻĨāĻ¨āĻž āĻŽā§āĻ¤āĻžāĻŦā§āĻ āĻ āĻ¤ā§āĻ° āĻŽā§āĻāĻĻā§āĻĻāĻŽāĻžāĻ° āĻĄāĻŋāĻā§āĻ°ā§ āĻĒāĻžāĻāĻ¤ā§ āĻĒāĻžāĻ°ā§ āĻāĻŋ āĻ¨āĻž? 5. On consideration of the evidence adduced and the exhibits produced as well as other materials available on record the trial ..Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......he leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ...... out in auction and purchased by the defendant No.5, who after purchase got possession in due course and is in peaceful possession thereof. 5. The Trial Court on consideration of the materials and evidence on record and submissions of the learned Advocates, appearing for the contesting parties, d..Category: Property Law | Date: | Hits: 58
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1......., the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1....... if it is within Municipal area, in that case the land would assume the character of non-agricultural land even if the said land was used for the purpose connected with agriculture. 7. There is no evidence on record to show that the tenancy was created for non-agricultural purpose. The case land ..Category: Property Law | Date: | Hits: 54
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......ent: Amirul Kabir Chowdhury J Fatema KhatunâĻâĻâĻ.âĻAppellant Vs. Wach Khatun and othersâĻâĻâĻâĻâĻ.Respondents Judgment March 5, 1998. Case Referred to- Nurul Hossain vs. Government of Bangladesh and others 49 DLR (AD) 108. Lawyers Involved: Mahinudul Islam,......e Court in Title Appeal No. 21 of 1985 (by his predecessor in office) and sent the suit on remand directing the trial Court to dispose of the suit after giving chance to the parties to adduce further evidence. 8. Being aggrieved by the aforesaid judgment and order dated 19-5-96 passed in the Revi..Category: Property Law | Date: | Hits: 59
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I donât find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......e record to the Court below immediately. Ed. This Case is also Reported in: ......ings that the issue of maintainability was not pressed at the time of hearing; that the present suit was not barred by limitation or res judicata. The learned Munsif also considered and discussed the evidence regarding the execution and registration of the deed in question, and arrived at conclusion..Category: Property Law | Date: | Hits: 54
Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......eventive measure survives, and that the acquittal was on technical ground, or on benefit of doubt or due to the witnesses refusal to tell the truth for fear of reprisal from the accused or that fresh evidence that has been discovered would have secured a conviction, if produced." 10. From the afo..Category: Criminal Law | Date: | Hits: 55
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
.... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......e, 55 DLR 7; State Vs. Miss Eliadah Maccord, 1996 BLD (AD) 239 = 2 BLC (AD) 157. Lawyers Involved: M Shamsul Hoque Advocate-For the Appellant. Sk A Awal, Deputy Attorney-General with Saifuddin Md. Aminur Rahim, Assistant Attorney-General-For the state. Criminal Appeal No. 31 of 2001. ......as PW 8 as the investigating officer. He testified that he investigated the case and after receipt of the chemical examiner's report he submitted a charge-sheet. 14. After close of the prosecution evidence, coming both the accused were examined under section 342 of the Code of Criminal Procedure ..Category: Criminal Law | Date: | Hits: 90
....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......er of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......ence and the inquiry report was neither supplied to him nor shown to him and he was not also given any opportunity to cross-examine any witness or to rebut any allegation or to produce any witness or evidence in his support and, as such, finding him guilty and imposing penalty upon him is without la..
Category: Others | Date: | Hits: 116
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......or corporation has the benefit of the Court, as in the case of borough and city Courts of record. The proceedings of a Court of record preserved in its archives are called records, and are conclusive evidence of that which is recorded therein." 19. Corpus Juris explains the expression as follows:..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......he discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ...... of no merit, that the contention that has been raised in the writ petition is a disputed question of fact and that same is a matter for are adjudication by the trial Court after consideration of the evidence that would be produced by the respective parties; that the plaintiff in support of his pray..Category: Civil Law | Date: | Hits: 90
....ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......e and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......e case and most illegally disallowed the gift, made by Md. Abul Kashem simply on the ground that the letter sent to donor Md. Abul Kashem came back unserved but did not consider the material piece of evidence that is, the certified copy of statements of account of the donor and the affidavit sworn b..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......t jurisdiction and, as such, the impugned order of conviction and sentence is liable to be set aside. The learned Advocate further submits that in view of the fact that in the absence of any reliable evidence on record to prove that the accused appellant Eman Ali, in violation of the trust, illegall..Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......rve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......elonging to the same owner and the accused petitioner has been falsely implicated in the case with oblique motives. 7. The learned Magistrate on detailed discussion and proper consideration of the evidence of the 6 witnesses examined by the prosecution found the accused petitioner guilty under se..Category: Criminal Law | Date: | Hits: 37
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......he Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......z Huq, the learned Advocate appearing for the petitioner, submits that in view of the fact that the prosecution has failed to prove the charge against the accused appellant by any reliable and cogent evidence the impugned order of conviction and sentence is liable to be set aside. The learned Advoca..Category: Criminal Law | Date: | Hits: 58
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