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Delwar Hossain (Md.) Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494.......order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494....... 2 examined two witnesses including the Writ petitioner who was PW 2. Respondent No. 5 was also examined as DW 1. 5. The learned Subordinate Judge after hearing the parties and on consideration of evidence, both oral and documentary, decreed the suit in part by the judgment and decree dated 16-4-..

Category: Civil Law | Date: | Hits: 76

Saidur Rahman Vs. State, 2001, 30 CLC (HCD)

....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......t be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......om the side of the defence. Since the appellant was found absconding at the time of trial examination under section 342 of the Code of Criminal Procedure could not be done. Then after considering the evidence on record the trial Court found the appellant guilty under section 4(2) (Ka) of Act 26 of 1..

Category: Criminal Law | Date: | Hits: 83

Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)

....se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500....... which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......court and the said suit was decreed on compromise by judgment and decree dated 24.08.1998 and all the parties willfully and consciously executed the solehnama in the said suit. Defendant No.1 adduced evidence in the Court in support of solehnama. Later on, plaintiff at the ill advise of some interes..

Category: Property Law | Date: | Hits: 20

Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......l for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......y, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division are bad in law and fact for its total non-con­sideration and misreading of evidence and misinterpretation of law points in a suit for specific performance of contract where th..

Category: Property Law | Date: | Hits: 42

Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)

....in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100....... Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......s a unique document solely supported by the respondent No. 30 himself and by nobody else. 9. We therefore hold that on balance respondent Nos. 28, 29 and 31 and the petitioner have produced better evidence in this Court that the Presiding Offi­cer postponed the polls under Rule 29 and informed t..

Category: Election Law | Date: | Hits: 81

Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)

....he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......e discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......t nothings in the Office file together with a list of employees have been marked Exhibit 'C and 'D' and Exhibits '£' and 'F' in the two suits respectively. The learned Munsif on consideration of the evidence on record found that the plaintiffs were not workers and as such the suits were maintainabl..

Category: Employment/Service Law | Date: | Hits: 76

Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)

.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No or­der as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84....... Chowdhury, Advocate—For the Opposite Parties. Civil Revision No. 276 of 1984. Judgment AM Mahmudur Rah­man J.- This Rule arises out of an order of the learned Munsif, Cox's Bazar dismissing the Miscellaneous Case No. 81 of 1983 filed under Order 9, Rule 13 of the Code of Civil Procedur......he eye of law and the learned Court below was wrong in dismissing the Misc. Case No. 81 of 1983. He fur­ther submits that the Court's finding as to service of summons was the result of misreading of evidence on record. The learned Advocate for the petitioner drawing my attention to the statement of..

Category: Property Law | Date: | Hits: 29

Angur Vs. State, 1988, 17 CLC (HCD)

....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......d to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66....... নিয়োগ করা হয় নাই। আসামী জেরা করিতে অস্বীকার করে। The learned Assistant Sessions Judge on a con­sideration of the evidence on record found appellant guilty of the charge leveled against him and he con­victed and s..

Category: Criminal Law | Date: | Hits: 42

Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)

....ible an admission must be voluntary if it proceeds from remorse and a desire to make reparation for the crime it is admissi­ble. If it flows from, hope or fear, excited by persons in authority it is inadmissible. 11. In the case of Habibur Rahman Vs. The State, 1988 BLD (HD) 210 a Division Bench......s directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62....... cross-examination was a plea of innocence. The further de­fence of the appellant was that his confessional state­ment was a product of physical torture by the police. 4. On consideration of the evidence on record the trial Judge noticed that excepting the confession­al statement marked Ext. 5..

Category: Criminal Law | Date: | Hits: 31

Abdul Mukit Chowdhury Vs. The Chief Election Com­missioner & others, 1988, 17 CLC (HCD)

....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......scharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......l the learned counsel argues that the learned Judges of the High Court were wrong in deciding the disputed question of facts relating to title to land which could only have been done by taking proper evidence, oral or documentary.... The question raised by the learned Counsel relates to the title..

Category: Election Law | Date: | Hits: 119

Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)

....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644....... barred by any law and relate to the adjustment of the loan liabil­ities of the plaintiff appellants and the defendant Nos. 3 to 10 due to the defen­dant bank as mutually agreed upon which required evidence to prove in the suit and therefore rightly set aside the judgment and order rejecting the p..

Category: Procedural Law | Date: | Hits: 81

Dilip Datta and another Vs. Additional Deputy Commissioner (Revenue), Brahmanbaria and others, 2010, 39 CLC (AD)

.... preparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 631.......ed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 631.......wed the same and set aside the judgment of the trial Court; that thereafter, the revisional application was filed mainly on the grounds amongst others that the Court of Appeal below by misreading the evidence on record allowed the appeal with wrong findings and came to an erroneous deci­sion causin..

Category: Property Law | Date: | Hits: 27

Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)

..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464....... bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......ts that the learned Assistant Sessions Judge was manifestly wrong in convicting and sentencing the accused appellants under sections 386/387 of the Penal Code without properly weighing and sifting he evidence on record and the same has occasioned failure of justice. The learned Advocate further subm..

Category: Criminal Law | Date: | Hits: 28

Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)

....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......ther………. Respondents Judgment December 9, 2001. Case Referred To- Sultana Jute Mills Ltd vs. Agrani Bank 1994 BID (AD) 196=46 DLR (AD) 174. Lawyers Involved: Mohammad Hossain, Advocate—For the Appellant. Habibul Islam Bhuiyan, Senior Advocate with Aminul Islam, Advoc......that he issued Exhibit 17 and 17Ka. He denied that storage of wheat is imaginary. He denied that Khaleque Jamadar received the wheat in front of him possibly on 22-6-1986. He also said that he has no evidence to show that Khaleque Jamadar received the wheat but volunteered that it is known to offici..

Category: Civil Law | Date: | Hits: 79

Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)

.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445....... their face value and accepted in their entirety, do not constitute the offence alleged and (5) The allegations against the accused although constitute an offence alleged but there is either no legal evidence adduced clearly or manifestly fails to o the charge. 7. But in the instant case there is..

Category: Criminal Law | Date: | Hits: 29

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)

.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......mad and others…………Opposite Parties Judgment July 10, 2001. Cases Referred To- Sahera Khatun and another vs. Anwara Khatun and ors 1 BCR 126 = 33 DLR 442; Hasmat Ali vs. Mofizuddin Majhi and others 37 DLR 231; Nurunnesa and ors vs. Babar Ali Bepari 33 DLR (AD) 124. Lawyers I......d property in India has not been exchanged with the ‘A’ scheduled property in Bangladesh and the power of attorney having not been authenticated by the then Pakistan Embassy was not admissible in evidence as per provision of section 85 of the Evidence Act. In support of the contention he has ref..

Category: Property Law | Date: | Hits: 23

Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......st order dated 21-5-2001 the respondents are bent upon the petitioner and with malafide intention resorted to the provision of section 13(3) of the Customs Act, 1969 and issued a show cause notice as evidenced by annexure “P” to the Writ Petition No. 2969 of 2001 whereby a show cause notice has ..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)

....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......2002)409....... judgment, as similar questions of law and facts are involved in the rules. 11. I have carefully gone through the impugned judgments passed by the learned Courts below and scrutinised the material evidence on record, both ocular and documentary. The only point for determination in the Rules for m..

Category: Civil Law | Date: | Hits: 69

Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)

....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......llaih Rajeswar and Co, AIR 1962 AP 510. Lawyers Involved: SK Siddique, Advocate—For the Appellant. Shafique Ahmed with Kazi Kamrul Alam, Advocates—For the Respondent. Appeal from Original Order No. 321 of 2000 with Civil Rule No. 483 (fm) of 2000. Judgment Md. Tafazzul Islam J......The petitioner then filed an appeal before the High Court and filed an application in the said appeal praying for ad interim relief but the said application was dismissed holding that the documentary evidence produced before the trial Court showed that a bearing trade mark Arminous had been imported..

Category: Intellectual Property Law | Date: | Hits: 200

Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)

.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......d against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......and was read over to them excluding Paltu (Zahid Hossain), who pleaded not guilty and claimed to be tried. Zahid Hossain alias Paltu was charged in his absence. 6. After closing of the prosecution evidence the appellants Jalal, Helal, Belal and Manju facing trial were examined under section 342 C..

Category: Criminal Law | Date: | Hits: 35