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Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ...... These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......eds, the register of the hotel, Exhibit 6(a) and thereafter submitted charge sheet against the appellants and other accuseds. 17. The learned Additional Sessions Judge, on consideration of the evidence on record, found the appellant Ayub Ali guilty under section 302 of the Penal Code and sent..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......nt to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......essential consideration which is implicit to accord consent is that it should be in the interest of administration of justice. It is either that the prosecution will not be able to produce sufficient evidence in support of the charge or that it will be difficult to predicate on information as reveal..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......n the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ...... Exhibits,1 to 10. Documents produced by Mohiuddin were marked as Exhibits 'Ka' to 'Ga'. Sherunnessa also produced voter ID card and certificate issued by the local ward commissioner. 18. Upon the evidence, oral and documentary, on record, the trial Court decreed both the suits directing the defe..Category: Property Law | Date: | Hits: 35
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......nt February 8, 2007. Cases Referred To- Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR 1937 Calcutta 745; S Sibtain Fazli vs. Messrs Star Film Distributors 14 DLR......amined two witnesses for their each set. Papers and documents adduced by the plaintiff were marked Exhibits 1 to 14 and those of the defendants were marked as Exhibit 'Ka to Ka(4)'. 16. On the evidence oral and documentary on the record, the trial Court was of the view that seeking declaratio..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ove, 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: 15 BLC (AD) (2006) 183. ...... the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ...... under section 26 of the Ain notice under Rule 15(ঘ) does not arise at all. Moreover, issuance of notice under Rule 15(ঘ) is a question of fact, which can only be decided at the trial by adducing evidence. Moreover, in view of the long absconsion of the respondent Nos. 1 and 2 writ petitioners h..Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the instance of Gaiasuddin and others but informant Hossain Ali (P.W.1) did not say in his evidence that he told this fact to P.W. 4 Sadem Ali. Therefore this portion of the evidence of P.W.4 is inadmissible in evidence. Further in cross-examination he admitted that he did not know Giasuddin. T......hwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ...... for the appellant has attacked the propriety and legality of the impugned judgment and order of conviction and sentence on the ground that it is bad in law as well as in merit and that there is no evidence to warrant conviction of appellants under section 302 B.P.C. and that during trial there ..Category: Criminal Law | Date: | Hits: 30
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......titioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ...... has any fact been alleged so as to connect the petitioner with citizenship of Pakistan after the law of abandoned property came into operation. On the contrary, the petitioner has given convincing evidence that he surrendered his Pakistani passport obtained in 1963 in London and that the said p..Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......roceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......6.85. On 23.6.85 the accused remained absent and filed a petition for time. The Court Sub-inspector also prayed for issuance of warrant on the witnesses and the learned Magistrate fixed 15.7.85 for evidence. 4. On 15.7.85 the learned Magistrate extended the time for trial of the case by 30 days..Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 720); AIR 1925(A11) 442. Malas and another (Trading as Hamezeh) Malas and Sons vs. British Imex Industries, Ltd. 1958 All England Law Reports (C...... the schedule property is still within the jurisdiction of this court for being attached before judgment. It is seen from the judgment of the Court below that the court could not find any documentary evidence to show that the money had already been paid to the seller by the negotiating bank namely..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....t Dablu to be assailant nor all witnesses named above stated in their evidence that name of appellant Dablu as assailant of victim Sajeda was told to this witness. So evidence of this witness being inadmissible in evidence is left out of consideration. 25. P.W. 15 Md.Liakat Hossain who was th......ther case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......The fact that Sajeda Khatun was murdered has not been challenged by the defence side. P.W.6 S.M.A. Hadi held post-mortem examination over the dead body of the deceased Sajeda Khatun. He stated in his evidence as follows:- "I am now attached to Kishoregonj Upazila Health complex as a Medical Speci..Category: Criminal Law | Date: | Hits: 61
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......n and Distribution Company Ltd…………………………….Petitioner
Vs
Habib Oil Mills (BD) Ltd....…………….Opposite Party
Judgment
July 30, 2001.
Lawyers Involved:
Mainul Hosein, Barrister-at-Law with Manjur Kadir and Md. Shamim ul-Alam, Advocates—For the Petition...... But ultimately, the Rule was disposed of with the observation that the disputed question of the facts are involved in the petition which for the purpose of proper adjudication would require adducing evidence and it would be a best course on the part of the Oil Mills to go to the civil Court for dec..
Category: Civil Law | Date: | Hits: 115
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......e disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......ther submits that in view of section 5(4) of the Artha Rin Adalat Ain there is no difficulty in disposing of other Civil cases, specifically in view of the fact that common question of law, facts and evidence are involved in both the suits and the should be heard analogously in order to avoid confli..Category: Civil Law | Date: | Hits: 73
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......lorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ...... such a case an application under section 233 will be successful, only if the member’s interest as a shareholder is distinctly divisible. But no such case is made out here, nor is it established by evidence how the petitioner’s interest as a shareholder is prejudiced or discriminated. Therefore,..Category: Company Law | Date: | Hits: 220
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......ined shall apply to the Court and the Court shall decide the question on affidavits:
Provided that where the Court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for discovery and particulars as it may do in a suit:
..
Category: Civil Law | Date: | Hits: 101
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ....... In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......cedent that the public servant cannot be prosecuted or proceeded against without sanction from the Government for any offence under the Act. The Government is never required to have any disclosure of evidence before it to accord sanction. But the minimum requirement of this section appears to be tha..Category: Anti-Corruption Laws | Date: | Hits: 138
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ...... Firojul Islam (Md) (Firoj)…………..Petitioner Vs. Zahanara Akter…………………………..Opposite Party Judgment December 2, 1999. Lawyers Involved: Md. Abul Kalam Moinuddin, Advocate—For the Petitioner. Khurshid Alam Khan with Farida Yeasmin, Shahnaj Bablee an......taken was that the cardinal point which requires adjudication in the suit is whether the plaintiff and defendant are wife and husband and the same can be decided on production of documentary and oral evidence by the parties. Last view recorded by the learned Judge was that the laying of the applicat..Category: Family Law | Date: | Hits: 185
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......s restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......ourt we find that the appellate Court came to the findings that SA Khatian has been recorded in the name of the predecessors of the defendants and that no conclusion could be arrived at before taking evidence in respect of title and possession of the parties and upon such finding set aside the order..Category: Property Law | Date: | Hits: 21
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......ties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......ainant-petitioner, submits that the learned Court of appeal below was evidently wrong in acquitting the accused persons on illegal and irrelevant considerations without discussing and considering any evidence adduced by the prosecution and the same has occasioned failure of justice. The learned Advo..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......Case is also Reported in: 56 DLR (2004) 39. ......mined 3 persons including him. Papers and documents produced by the plaintiff were marked exhibit 1 to 6 series while those of the defendant were marked his exhibit 'Ka', 'Kha' and Ga'. 17. On the evidence, oral and documentary, the learned Subordinate Judge decreed the suit as prayed for. 18...Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......hid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......ving failed to recover PW 2, he lodged the first information report with the Uttara Police Station on 13‑3‑2000. Later, the second investigating officer PW 7, Faruque Hossain, on the basis of the evidence collected by the first investigating officer, submitted charge-sheet on 30‑8‑2000 under..Category: Criminal Law | Date: | Hits: 43
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