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Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......he judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......rigation. This dam will not affect the land of Sailokupa. Out of previous grudge and enmity, the plaintiffs have filed this suit. 5. Both the parties examined witnesses and adduced documentary evidence in support of their respective cases. 6. The trial Court decreed the suit. The conte..

Category: Property Law | Date: | Hits: 25

Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)

....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......ail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......anspires from the trend of examination-in-cross and suggestions put to the PWs, is that he has been falsely implicated in this case at the instance of his local enemies. 7. Considering the evidence including the report of the Chemical Examiner Exhibit 3, the learned Judge of the Tribunal ..

Category: Criminal Law | Date: | Hits: 35

Faruq (Md) Vs. State, 2006, 35 CLC (HCD)

....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......pleaded not guilty and claimed to be tried. 4. In this case the prosecution examined as many as 11 witnesses out of 15 charge sheeted witnesses and the defence examined none. On closing of the evidence the appellant was examined under section 342 of the Code of Criminal Procedure where he aga..

Category: Criminal Law | Date: | Hits: 27

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......i vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented by the Additional Deputy Commissioner (Rev)...... the deed of gift dated 19-6-1948 and also failed to prove the fact as to why the said deed of gift was not registered and that both the Courts below have misread, misinterpreted and misconstrued the evidence and did not consider the material evidence on record while passing the impugned judgment an..

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......e lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......he accused under section 6(2) of the Ain. Cognisance was taken by the Judge of the Nari-o-Shishu Nirjatan Daman Bishesh Adalat and Sessions Judge, Jhenaidah. By his order dated 22-1-2001, upon taking evidence and after hearing submissions with regard to the age of the accused, the learned Sessions J..

Category: Criminal Law | Date: | Hits: 167

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......Appellants Vs. Md. Shamsuzzaman and others………….…………….Respondents Judgment July 19, 2006. Cases Referred To- Ali Mahammad Khan (represented by his heirs) vs. Riazuddin Khera PLD 1981 Karachi 171; Shankarkal Narayan Das vs. The New Mofussil Co Ltd. and others AIR 19......was no valid contract between the plaintiff and the defendant No. 1, so they had nothing to perform. The learned Counsel submits that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decis..

Category: Business or Commercial Law | Date: | Hits: 208

Abul Kalam Vs. State, 2005, 34 CLC (HCD)

....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......d. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......ned 11 (eleven) witnesses, tendered one witness named PW 7, Md. Yunus Ali and defence examined 2(two) witnesses namely DW 1, Daud Dalder and DW 2, Nur Mohammad. 6. After closure of the prosecution evidence the accused on dock was examined under section 342 of the Code of Criminal Procedure, again..

Category: Criminal Law | Date: | Hits: 40

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......he application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......ey will be seriously prejudiced and suffer irreparable loss and injury and, as such, they are seriously opposing the application for winding up of the respond Company. 25. In view of the foregoing evidence on record which have been annexed to the petition as well as to the supplementary affidavit..

Category: Company Law | Date: | Hits: 239

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......s vs. Ghulam Shah 15 DLR 315; PLD 1982 (Kar) 111; AIR 1961 Bom 136; AIR 1953 Cal 15; Abdur Rahman vs. Sajjadur Rahman 51 DLR 420; Abul Kalam Azad vs Sunhar Ali 46 DLR (AD) 130; Major (Retd) M Afsaruddin vs Kamal Rahman 41 DLR 190; Kirtish Chandra Dev vs. Begum Sufia Akhtar 1992 BLD 591 = 46 DLR 313;......to blow hot and cold at the same time. In the case of Abul Kalam Azad vs. Sunhar Ali reported in 46 DLR (AD) 130 it has been observed as follows: "From the materials on record, it appears that the evidence on the side of the plaintiffs having been closed and all the plaintiffs' witnesses having b..

Category: Property Law | Date: | Hits: 42

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......rts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......m who pleaded not guilty and claimed to be tried. 6. In course of trial the prosecution in all examined 13(thirteen) witnesses and the defence examined none. 7. After closure of the prosecution evidence the accused on dock when examined under section 342 of the Code of Criminal Procedure, they..

Category: Criminal Law | Date: | Hits: 44

Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)

....ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......ords at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ......ed under aforesaid charge. 6. In course of trial the prosecution in all produced thirteen witnesses, of them examined eleven witnesses. The defence examined one. 7. 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: 33

Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)

....long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......an Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ......not named in the first information report, police on the basis of his perfunctory confessional statement submitted charge-sheet against him. 10. Secondly, Mr. Karim submits that there being no evidence of throwing acid or corrosive substance on the person of victim Beauty (PW 12) by the accus..

Category: Criminal Law | Date: | Hits: 45

Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)

.... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......udgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ......ections 4(Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983. The same having been read over to him he pleaded not guilty and prayed to be tried. 6. After the closure of the evidence the accused appellant was examined under section 342 of the Code of Criminal Procedure wher..

Category: Criminal Law | Date: | Hits: 40

Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)

....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......Judge, Chittagong, for trial and the learned Judge framed charge against the accused appellant in absentia. 4. The learned Special Judge considering the facts and circumstances of the case and evidence on record passed the impugned judgment and order of conviction and sentence on 17-1-1994 co..

Category: Criminal Law | Date: | Hits: 31

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......y on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......16-8-1999 in which he pleaded innocence stating that he will not adduce any witness and will not say anything. 6. The learned Magistrate considering the facts and circumstances of the case and evidence on record convicted the accused person under section 420 of the Penal Code and sentenced hi..

Category: Criminal Law | Date: | Hits: 41

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......er section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......xtracted from that case. First, where the directors do not assign any reason because of the articles it is competent for those who seek to have the transfer registered to show affirmatively by proper evidence that the directors had not duly exercised their power. Secondly, if reasons are given by th..

Category: Company Law | Date: | Hits: 181

Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)

.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......le is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ...... holding the trial of such disputes is the same as that of an ordinary Civil Court be­ing constituted by Munsifs and empowered to decide Election disputes relating to right to of­fice, after taking evidence and hearing argu­ments, both on facts and law, are definitely exer­cising judicial powers..

Category: Election Law | Date: | Hits: 100

Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)

....part subject to the modification with re­gard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37.......bdul Karim by Badaruddin Malitha has no corroboration by any of the witnesses. In this view of the matter, we feel that it is not at all safe in the facts and circumstances of the case to rely on the evidence of P.W. 4 who is the son of the informant and naturally interested and to convict and sente..

Category: Criminal Law | Date: | Hits: 52

Amir Hossain Vs. State, 1988, 17 CLC (HCD)

....se. So far as accused appellant Rustom Ali is concerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......oncerned his appeal is dis­missed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......on 395/397 of the Penal Code against 10 accused-persons including the 3 appellants. The prosecution examined 9 witnesses and the defence none. 4. The learned Sessions Judge on consideration of the evidence on record convicted the 3 accused-appellants under section 395/397 of the Penal Code and se..

Category: Criminal Law | Date: | Hits: 51

Jamil Siddique alias Bulbul Vs. State, 1988, 17 CLC (HCD)

....lready examined during the absence of the appellant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......lant. Let a copy of this judgment and order be sent to the learned Special Tribunal at once. Ed. This Case is also Reported in: 41 DLR (1989) 30.......at certain witnesses have been examined in the absence of the appellant when he was absconding, ft is fur­ther admitted that the prosecution has not yet closed the case and same is fixed for further evidence next week. As the prosecution has not yet closed the case and as some of the witnesses have..

Category: Criminal Law | Date: | Hits: 35