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Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......rred To- Sultana Jute Mills Limited and others Vs. Agrani Bank Limited and others, 46 DLR (AD) 174. Lawyers Involved: Moniruzzaman Khan, Advocate‑ For the Appellant. Syed Dastagir Hussain, Advocate‑ For Respondent Nos. 1 and 2. Appeal from Original Decrees No. 304 of 1997 and No.......ion Accordingly, the Subordinate Judge and Artha Rin Adalat No. 3, Dhaka did not commit any illegality in disposing of the aforesaid two suits. 15. We have heard the learned Advocates. Perused the evidence on record as well as the order sheet of the Title Suit No. 182 of 1984. It appears that t..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......rred To- Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 45 DLR 509; P Moosa Kutty Petitioner, AIR 1953, Madras, 717. Lawyers Involved: N H Khandaker & KMS Hossain, Advocates‑ For the Petitioner. Nikhilesh Dutta, Advocate‑ For the Opposite Parties. C......fore the 1st Court of Joint District Judge, Chittagong for declaration of title in the suit property. In course of time, the suit became ripe for peremptory hearing and the contending parties adduced evidence in support of their respective cases. At about this time, the present petitioner on her own..Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......on the dead body and thereafter submitted post‑mortem report Exhibit 6 with his opinion as to the cause of death. PWs 1, 4, 6 to 8 were cross-examined by defence. 8. After closure of prosecution evidence accused Zakir Hossain, being present at the trial alone was examined under section 342 of t..Category: Criminal Law | Date: | Hits: 34
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....ction relates to the admissibility of the document itself under the law, such an objection is available to the party even at the appellate stage. But an objection that a document, which per se is not inadmissible in evidence has been improperly admitted in evidence in the trial Court can not be ente......r as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......tian was prepared in the names of Pear Baksha and others they have had no possession therein. The appellants deed are forged and collusive. 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suit in part declaring the appellants title in respect of .11 acres o..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......(2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......plaintiffs, and therefore, the report of the surveyors were not binding upon it unless the losses were covered by valid insurance policies. 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suits with interest. The defendant thereupon unsuccessfully moved the..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......ers Involved: Golam Mostafa, Advocate-For the Petitioner. AA Chowdhury Advocate-For the Opposite Party. Civil Revision No. 2969 of 1997. Judgment Khondker Musa Khaled J.- This Rule arising out of an application under section 25 of the Small Cause Court Act 1887, is directed against th......o the Rent Controller. Since the defendant remained a monthly tenant under the plaintiff, he was not liable to be evicted from the suit property. The learned Judge of the SCC after considering the evidence on record, decreed the suit with the finding that the admitted tenancy of the defendant und..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......shmadev Chakraborty, Advocate-For the Opposite Parties. Civil Revision No. 4343 of 1999. Judgment Mir Hashmat Ali J.- This Rule under section 115 of the Code of Civil Procedure was issued against the Judgment and order dated 7‑7‑1999 passed by the learned Subordinate Judge, Tangail, in ......templated under section 90 of the State Acquisition and Tenancy Act. 11. The trial Court found that the case has been filed within the period of limitation but the appellate Court on misreading of evidence allowed the appeal and set aside the judgment and order of the trial Court only on the poin..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ...... out of previous enmity. He has neither assaulted the deceased on the date, time and manner nor he has caused the death of the deceased in any way as alleged by the prosecution. 7. Considering the evidence of PW Nos. 1, 2,5, & 6, the learned Sessions Judge has found the accused-appellant guil..Category: Criminal Law | Date: | Hits: 30
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
.... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......l which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145.......as Opposition Case No. 1624 of 2000. It appears that after filing of the opposition case the applicant filed counter statement in TM 6 whereupon in due course the appellant i.e. the opponent, filed evidence before the Registrar on 1‑3‑2001 but no copy of the evidence was forwarded to the appli..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......nd accused appellant Anowar Hossain Pintu rest of the accused persons were examined under section 342 of the Code of Criminal Procedure when they maintained their innocence and declined to adduce any evidence. 5. The defence case, as it appears from the trend of cross-examination as well as the s..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......ode and convicted them thereunder. Death penalty was imposed upon each of them. 10. Learned Sessions Judge in awarding conviction and imposing death penalty discussed and considered circumstantial evidence, judicial confessional statements and other materials on record and found: a. Learned Ma..Category: Criminal Law | Date: | Hits: 31
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..............Petitioners Vs. Sekandar Ali Hawlader..................Opposite Party Judgment April 15, 2002. Result: The Rule is made absolute. Cases Referred to- Maulana Abdul Motin and others vs. Shah Alam Bhuiyan and others 41 DLR 244; Londa Colliery vs. Bholanath, AIR 1954 Ca...... incidents which could only be investigated under Order XXVI rule 9 of the Code. Elaborating, he submits that under Order XXXIX rule 7 of the Code neither boundary disputes can be ascertained nor any evidence could validly be collected thereon. He finally, submits that learned Joint District Judge f..Category: Property Law | Date: | Hits: 26
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......absconsion and the trial was concluded against them in absentia after observing all the formalities as provided under section 339B(1) of the Code of Criminal Procedure. The defence did not adduce any evidence. 6. The defence case, as could be gathered from the trend of cross-examination, is total..Category: Criminal Law | Date: | Hits: 28
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65....... of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......er close of the prosecution witnesses, the accused in the dock were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case, as could be gathered from the trend of cross-examination, is total..Category: Criminal Law | Date: | Hits: 88
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Standard Bank Ltd…………………Petitioner Vs. Tripos Engineering & Trading Company (GD) and others ...................Opposite Parties Judgment N...... the beneficiary for payment under the credit. 9.34 In the first situation, if the bank pays in accordance with the terms of the credit, then it is entitled to reimbursement unless there was clear evidence of fraud at the time of payment. The bank has strictly limited period to consider the docum..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
.... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ......56 DLR (2004) 53. ......ional application. The defendant denied title of the plaintiff. Whether the defendant is a tenant in the suit premises under the plaintiff shall be decided at the time of trial, of the suit on taking evidence. The plea of the defendant that he is not a tenant under the plaintiff cannot be decided at..Category: Tenancy Law | Date: | Hits: 171
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......s petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467....... judgment will not be binding upon the learned Assistant Judge, and that the learned Assistant Judge will be at liberty to dispose of all issues involved in the suit independently on the basis of the evidence to be available with the record. The order of status quo as directed by the learned Single ..Category: Civil Law | Date: | Hits: 75
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......t to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......and it was numbered as Jananirapatta Case No. 47 of 2000. Charge was framed on 21-5-2000 under sections 10/12 of the Ain of 2000. 5-6-2000 was fixed for trial. One prosecution witness gave Hajira. No evidence could be recorded in view of non-production of accused Mokter Hossain before Tribunal. Ther..Category: Criminal Law | Date: | Hits: 34
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......on of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378....... 8. Since there is none to represent the accused appellant before us, we have carefully gone through the first information report, the charge framed against the accused appellant at the trial, the evidence of the witnesses examined by the prosecution as well as the impugned judgment. 9. To arr..Category: Criminal Law | Date: | Hits: 97
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......s not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......onviction and sentence are illegal and without jurisdiction and, as such, the impugned order of conviction and sentence is liable to be set aside. The learned Advocate further submits that except the evidence of P.W. 2 Md. Shahjahan, who should be treated as an accomplice, there is no other reliable..Category: Criminal Law | Date: | Hits: 40
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