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Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 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: VII ADC (2010) 998.......gly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 998.......submitted that the Court of Appeal below and the High Court Division committed an error of law resulting error in the decision occasioning failure of justice in overlooking the oral and documentary evidence on record proving their case and observing, inter alia, that that the defendant Nos.1, 3-4 ..Category: Property Law | Date: | Hits: 47
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991....... the plaintiff. These defendants never took the plea that they paid back the money due to plaintiff against such supply of fish feed to them. Mr. Shamim Khaled also failed to show by referring to the evidence on record that the finding of the learned Joint District Judge as to the liabilities of d..
Category: Civil Law | Date: | Hits: 96
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....on of law and it is no meeting in the eye of law. 19. It is further argued that Shafiq Basak & Company was not appointed in accordance with section 207 of the Companies Act hence the report is inadmissible. The respondent also argued that the Secretary of the Company is not authorised to give......e Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......t as the Managing Director of the Company. 23. He then contends that the allegations of forgery are vague and have no factual basis. This Court in its summary jurisdiction should not take complete evidence to resolve the dispute. 24. He has further submitted that this Court may look into the a..Category: Company Law | Date: | Hits: 247
Md. Kamal and another Vs. State, 2010, 39 CLC (AD)
....and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......llate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......m when they pleaded their innocence and claimed to be tried. 6. Prosecution in order to prove the charge brought against the accused-persons examined 11witnesses. On the close of the prosecution evidence the prosecution examined the accused, persons under section 342 of the Code of Criminal P..Category: Criminal Law | Date: | Hits: 54
State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)
....e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrender forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......ana Paltan, P.S. Motijheel, Dhaka are directed to surrender forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......do not suffer from any inherent improbability and the defence failed to impeach the credit of the suit witnesses in cross-examination but the High Court Division failed to put any reliance on their evidence; that the statement of a co-conspirator is admissible against the whole body of conspirator..Category: Criminal Law | Date: | Hits: 46
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......w to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......t, as the case may be, within the ambit of section 464 of the Penal Code. He further submits that the findings of the High Court Division that the disputed deed's "genuiness may be challenged and evidence may be led to rebut its legal presumption under section 90 of the Evidence Act" is based on..Category: Criminal Law | Date: | Hits: 54
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960.......ion is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960.......ষ তাহার প্রার্থীত মতে প্রতিকার পাইতে পারে কিনা? 5. The learned Assistant Judge on consideration of the materials and evidence on record dismissed the suit holding that the suit was barred by limitation and the plainti..Category: Property Law | Date: | Hits: 51
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....scussed by the Courts below. The oral Heba in favour of Aushi Bibi could not be proved by any evidence. Therefore, oral or extraneous evidence to contradict the terms of the contents of a document is inadmissible under Section 92 of the Evidence Act. It appears that record of right is evidence of pr......gly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......sing the materials on record and the provision of law applicable thereto; that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mer..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......rdance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......d possessing 6½ decimals of land vide sale deed dated 27.07.1967 and heba deed dated 17.02.1993. Hence the suit is liable to be dismissed. 6. The trial Court on consideration of the materials and evidence on record decreed the suit in part allowing a saham of only 8¾ decimals of land in Plot No..Category: Property Law | Date: | Hits: 45
....arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
......
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
......d in the context of any proceeding initiated against writ petitioner nor is the petitioner an accused in any proceeding”.
“The information sought for by the notice does not amount to providing evidence by the then Bureau (at present Commission) against the petitioner contrary to the establish..
Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......s. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......ional Metropolitan Sessions Judge, 1st Court, Chittagonj for trial. The learned Additional Metropolitan Sessions Judge held the trial inabsentia of the accused-appellant and upon consideration of the evidence on record found the accused-appellant guilty under section 138 of the Negotiable Instrument..Category: Criminal Law | Date: | Hits: 57
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......mtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......g run on a commercial consideration even if all its shares are held by the Government. This is the duty of the Board of Directors of the bank and its share-holders, the Government. 19. There is no evidence on record that the Board did not consider the scheme in its proper perspective. It is also ..Category: Banking Law | Date: | Hits: 205
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......n is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......যোগ্য কিনা? ৪। বাদীপক্ষ প্রার্থিত মতে প্রতিকার পাইতে পারে কিনা? 5. After discussing the evidence and the materials on record the trial Court decided the issues and accordingly decreed th..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......ition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......ed there-against the plaintiff moved the High Court Division in Civil Revision No.227 of 2003. The Rule was contested by the defendant. The High Court Division on consideration of the materials and evidence on record and the submissions of the learned Advocate of the contesting parties made the ..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......t once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......ach other and the path way for getting entrance of both the premises are also separated and for all these reasons the suit is liable to be dismissed with cost. 4. At the trial both the parties led evidence both oral and documentary to prove their respective cases. 5. The learned Assistant Judg..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ...... BLD (HCD) (2009) 735. ......th a mala fide intention to grab the suit land and as such the suit is liable to be dismissed. 7. During the course of trial the learned Subordinate Judge, 4th Court, Dhaka on consideration of the evidence on record and after perusing the papers, documents and exhibits dismissed the suit of the p..Category: Property Law | Date: | Hits: 39
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......tuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......the similar language as made by the respondent No. 1, by denying the allegation made in the writ petition. It has been further stated that the Administrator of Waqf having considered and assessed the evidence on record rightly found that petitioner guilty of misappropriation of the property and mism..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151....... For the Petitioner. Masih-ul-Uslam, Advocate — For the Opposite-Party No. 1. Civil Revision No. 436 of 1986 Judgment Muhammad Ansar Ali J.- This Rule issued at the issuance of the plaintiff-petitioners is directed against the judgment and order dated 15.5.86 passed by Mr. Md. Sayedu......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......ed as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......nsel appeared for the appellant along with Mr. Gour Gopal Shaha while none appears for the State. 6. Mr. Shawkat Ali Khan, the learned Counsel having taken me through the impugned judgment and the evidence on record had submitted that the order of conviction and sentence cannot be sustained in ..Category: Criminal Law | Date: | Hits: 35
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......f securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......ners submits that before the learned Additional Sessions Judge there was no deposition of any witness, no inquiry report, no written documents submitted during inquiry and no substantive piece of evidence warranting an order of the kind passed by him. He has, in fact, quashed the proceedings w..Category: Criminal Law | Date: | Hits: 32
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