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Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......bdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Kohinoor Chemical Co. Ltd. Vs. Royal Exchange Assurance 25 DLR 155; Kutubuddin Jaigirdar Vs. Nurjahan B......s of their own sanction letter and the suit is liable to be dismissed with costs. 4. The parties have examined one witness each and produced some documents and marked exhibits admitting those into evidence. The learned trial Court on consideration of the facts, materials and evidence of the case,..Category: Civil Law | Date: | Hits: 85
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......ion. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......y in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......মি তার ঘোষনা রেকর্ডের সময় সে কথা বলে, আবার অক্সিজেন দেয় আবার কথা বলে”। So the above evidence, shows that the state of condition of the victim was very serious and so it was the duty of..Category: Criminal Law | Date: | Hits: 33
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......h if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......police. The appellants have also stated in their examination under section 342 Cr.P.C. that the alleged confessional statements made by them were not voluntary and true. 7. On consideration of the evidence and materials on record the learned Additional Sessions Judge convicted and sentenced the a..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... on 25‑1‑95 and produced before the court on 26‑1‑95. However, he denied to have extracted the confession of Rafiqul by police torture in collusion with the Magistrate. 20. This is all the evidences adduced by the Prosecution. In addition, accused Moksed Ali Fakir made the following confe..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ...... the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......ation has been done in violation of the mandatory provisions of Section 3 of the Arbitration Act; that the finding of the High Court Division as to the points of limitation is perverse in view of the evidences and materials on record and the trial Court as well as the Court of Appeal below after app..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......e find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......ed counsel submits that the father of the plaintiff and then the plaintiff has been using the disputed passage from the time immemorial and the same having been proved by P.Ws.1,3,4,5 and 6 and those evidences have been rightly construed and appreciated by the trial court which rightly decreed the s..Category: Property Law | Date: | Hits: 33
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ......ional pay scale, the benefits of which are available to a permanent employee and further that the case is not maintainable as it is barred by estoppel, waiver and acquiescence.
5. Both parties led evidence in the aforesaid IRO Case No. 52 of 1980 and the learned Chairman Of the Labour Court in co..
Category: Labour and Industrial Law | Date: | Hits: 93
Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ....... Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ...... miscellaneous case for its restoration is pending. 7. On the submission of civil liability, the allegations contained in the complaint petition would be considered by the Sessions Judge on taking evidence. As such, the Rule issued under Section 561A of the Code of Criminal Procedure was rightly ..Category: Criminal Law | Date: | Hits: 43
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ...... order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......granted. 24. In this connection, it should be remembered that the merit of the suit has got nothing to do with the matter of granting, an order of mandatory injunction. The depend oil its merit on evidence outcome of the suit will depend on its merit on evidence but an order in the nature of mand..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......ecords at once. Ed. This Case is also Reported in: 55 DLR (2003) 49....... possession and also for recovery of possession in respect of 3 decimals of land out of said 92 decimals and also prayed for perpetual injunction. 3. Both the suits were tried together, one set of evidence was led by the parties. Both the parties examined equal number of 5 witnesses and adduced n..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43....... In re: Clements, Republic of Costa Rica Vs. Eglanger (1876) 46 LJCJ 375; Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Lawyers Involved: Md. Abdus Sobhan with Mir Moklesur Rahman and Nasrin Parvin, Advocates‑ For the Petitioner. Dr. Rafiqur Rahman with MA Baki, Advocates– For the......he contemner to flout that part of the order. The other part of the order is a direction whereby the contemners were asked to accept rent and electric is bill in usual course. There is not an iota of evidence to show that the petitioner ever tendered any rent for the suit shop after obtaining the or..Category: Property Law | Date: | Hits: 34
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......bove modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......ap of straw. She found Sobhan to take away the chadar and shoe of the deceased. After lapse of one month Sobhan and the wife of Bhola told that if the wife of Mohammad Ali is killed there would be no evidence. After two months they asked her to call the wife of Mohammad Ali but instead of calling he..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ...... The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......se is not maintainable under section 34 of the IRO, inasmuch as no right is guaranteed to the respondents by or under any law. 4. The learned Labour Court on consideration of the materials and evidence on record by the impugned judgment found that there is no controversy between the parties..Category: Labour and Industrial Law | Date: | Hits: 121
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......nce with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......to which they pleaded not guilty and claimed to be tried. 5. In course or trial the prosecution in all examined nine witnesses and defence examined none. 6. After closure of prosecution evidence when appellants were examined under section 342 of the Code of Criminal Procedure they repe..Category: Criminal Law | Date: | Hits: 82
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......……Opposite Parties
Judgment
July 9, 2006.
Cases Referred To-
Laxmi Kanta Roy vs. Upazila Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mia vs. Suruj Mia 51 DLR (AD) 57; Shamser Ali (Md.) vs. ...... instant Rule from this Court.
10. Mr. Abul Kalam Mainuddin, learned Advocate appearing on behalf of the plaintiff-petitioners, submits that the Court of appeal below failed to properly assess the evidence on record and that came to an erroneous finding that the plaintiffs had no right, title, in..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......rt High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Puspak Kumar Roy and another……….Defendant-Petitioners Vs. Eldrin Khan and others.............Plaintiff-Opposite Parties. Judgment November 22, 2005......efendant's documents as Exhibits Ka series, Kha series, Ga, Gha, Uma series, Cha series, Chha, Ja, Jha, Neo, Ta, Tha series, Da series. 7. The learned Assistant Judge on consideration of the evidence on record decreed the suit by the judgment and decree dated 30-1-2003. 8. Being aggr..Category: Property Law | Date: | Hits: 34
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......hin 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......terfere with the findings of a tribunal of fact under its extraordinary jurisdiction under Article 102, if it can be shown that the tribunal had acted without jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining par..Category: Property Law | Date: | Hits: 40
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......rds at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ...... as the impugned judgment dated 2-8-2005, it appears that the trial Court passed the conviction and sentence solely on the basis of counterfoils of cheques but counterfoils cannot be treated as legal evidence unless and until the original cheques are proved to be encashed by accused-petitioner. If t..Category: Criminal Law | Date: | Hits: 40
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ...... ......Petitioner Vs. Tobarak Ali and others…………………Opposite Parties Judgment February 14, 2007. Cases Referred To- Shafi Khan vs. Mannujan Hussain, 35 DLR (AD) 225; Md. Sukur Ali vs. Sree Suresh Chandra Barman and others, 1984 BLD (AD) 219. ......thorities. 14. I have examined the record. 15. Only issue that is facing me is, whether or not the Court of appeal below was justified in the facts and circumstances of the case and the evidence on record in allowing the prayer for preemption. 16. The facts which do riot admit o..Category: Property Law | Date: | Hits: 28
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