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Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ...... Reported in: 65 DLR (HCD) (2013) 59. ......e plaintiffs respectively while the defendant No.1 as witness No.1 for the defendants while one Mahbubur Rahman was examined as witness No. 2. Upon hearing, the trial Court having considered the evidence and materials on record decreed the suit by his impugned judgment and decree dated 17-7-200..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ...... Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......tted offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offence must be based on evidence....................................(11 & 12) Lawyers Involved: No..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......t for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......t;in order to for inclusion in the category of aggravating circumstances which may form the basis of special reasons in section 354 (3) circumstance found on the facts of a particular case, must evidence aggravation of an abnormal or special degree". 12. In Sher Hassan, PLR 1959 SC (P..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......her Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......tle Suit No.38 of 1.992 to the trial Court for writing out a fresh judgment, for deciding the defendant's claim of possession and dispossession in respect of 2nd schedule land on the basis of the evidence available with the record. The learned Judge noticed that there are conflicting findings as..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......istrate of first class, Cox’s Bazar acquitted the respondent on the grounds that no registered Kabinnama was produced to substantiate the allegation of second marriage against the accused; that the evidence of the eye witnesses, namely, P.Ws.6 and 5 are contradictory and do not corroborate each ot..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......municate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......fusal which is a mandatory requirement of law under section 265C and on a misconception of law erroneously framed charge against the accused petitioner without taking into consideration the facts and evidences in its proper perspective. 9. He further submits that the learned trial court while d..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......nt its representatives Mr Kazi Salam Hafiz, Chief Town Planner, RAJUK and Mr. M Murtaza, Assistant Town Planner of RAJUK on 6-8-1998 when the date was fixed for hearing but they failed to produce any evidence of authorization by the respondent. The Sole arbitrator in presence of the officers of the ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......on is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......্রার্থিত প্রতিকার পাইতে বাদী হকদার কি না? 9. The learned Joint District Judge considering the pleadings of the parties and the evidence on record, oral and documentary, decided all issues in favour of the plaintiff and decreed ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......is Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......nem Chowdhury alias Monem Vs. State Appellate Division held that; "The High Court Division in rejecting the revisional application summarily observed that the trial Court considered all the evidence that were before it and was not in a position to hold that the petitioner was a child on th..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......foresaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ...... any reasoning in support of the same is found not to have persued the proper way of disposing of the Appeal. And whereas further the Order (Judgment) of the Appellate Tribunal has not touched on the evidence on record at all and has not taken into consideration the grounds of appeal the judgment, t..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
...., from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......or leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......n and the defendant has got no other homestead to reside in. That the case of the plaintiff is absolutely false and as such is liable to be dismissed. 4. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit. 5. Being aggrieved by and dissatisfied ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ...... 152 ...... started. The First Party claimant submitted his statement of claim. In reply the Second Party filed written-objection against the said statement of claim. After hearing the parties and recording the evidence as adduced by the parties the Arbitral Tribunal unanimously came to decision that to comple..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......th, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......irina Begum is the eyewitness, who saw the appellant Ikhtiar Rahman to kidnap the victim-child, while P.W.1 herself is an eyewitness to his (victim’s) rescue. There is no reason to disbelieve their evidence and therefore, the learned Judge rightly passed the judgment and order of conviction and se..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... Company, AIR (1955) Cal.298; Anwara Begum Vs. Md. Karimul Haque and others 5 BLC (AD) 119; Ma Shwe Mya Vs. Maung Mo Hnaung, 63 I.C. 914; Mojibur Rahamn Vs. Bangladesh, represented by the Secretary, Ministry of Works 47 DLR 232; Yousuf (Md.) Vs. M A Wahab 6 BLC (AD) 99; Uttar Pradesh Cooperative Fed......lance of the consideration money was never paid by the Purchaser, and any suggestion that the payment was made to the learned Advocate Salah Uddin within the stipulated period is not supported by the evidence and is also contrary to the terms of the contract, which clearly stipulated that the balanc..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......miss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......o entered appearance and filed written statement supporting the case of the plaintiff. But ultimately this defendant No.14 did not remain present during trial, of the suit and did not adduce any evidence in support of his pleading. 7. The defendant Nos.2, 3 and 5 contested the suit by fili..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......n. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......ded to trial before the sessions Judge, Madaripur and charge was framed on 5.11.2005 under sections 302/326/307/114/34 of the Penal Code. Prosecution having examined 28 (twenty eight) witnesses, (the evidence was) closed the evidence and the case was fixed for hearing of arguments and at that stage ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Anti-Corruption Commission Vs. AKM Shamim Hasan and another, 2012, 41 CLC (AD)
....ge, Barisal is set aside. The Divisional Special Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......Judge, Barisal is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 82. ......nd to examine them in accordance with law and to get the relevant documents proved by the witnesses in support of the prosecution case and to place the argument before the Court with reference to the evidence on record and the law. He cannot have and must not have any role to dispense justice by a C..Category: Anti-Corruption Laws | Date: 2 Jan, 2012 | Hits: 179
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......lf of the respondent Nos.1 and 2. 9. Mr. Mahbubey Alam has mainly argued that the petitioners are not at all owners of any land contiguous to the land transferred, that there are sufficient evidence and materials on record to prove that there is a public road in between the land trans..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......ail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......ce of death awarded to the petitioner by the trial Court. 10. We have perused the materials on record including the testimony of the P.Ws. From the inquest report, the post mortem report and the evidence of P.W.6, Doctor who held the post mortem examination of the victim, it appears that the ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ...... is illegal and without jurisdiction." Mr. Razi further submits that although the appellant could no cross-examine the witnesses, but the learned Judge in the trial Court should have weighed the evidence of the P.Ws. judiciously. He further submits that all the witnesses were the official ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
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