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Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Communicate a copy of the judgment. Ed. This Case is also Reported in: ......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....(f) of the Arms Act. The prosecution examined 12 witnesses including the informant and defence examined none. 5. The learned Judge of Special Tribunal after conclusion of trial considering the facts, circumstances and evidence on record passed the impugned judgment and order dated 31.10.1999 ......Salam Mondal, Deputy Attorney General - For the State respondent. Criminal Appeal No. 2890 of 1999. Judgment Md. Nuruzzaman, J. - The instant Criminal Appeal is directed against the judgment and order of conviction dated 31.10.1999 passed by the Special Tribunal No.1, Chuadanga in Special T......The prosecution examined 12 witnesses including the informant and defence examined none. 5. The learned Judge of Special Tribunal after conclusion of trial considering the facts, circumstances and evidence on record passed the impugned judgment and order dated 31.10.1999 convicting the appellant ..Category: Criminal Law | Date: | Hits: 95
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....isonment or by attachment of his property or by both in case of his willful and deliberate disobedience to the decree and the revisional Court seriously erred in law on total misconception of law and facts in passing the impugned judgment setting aside the order of the Executing Court and the same i...... Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
.... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Masuk Miah and others.....................................Petitioners Vs. Md. Foyzur Rahman and others…......e boundary wall. 5. Upon hearing 8 (eight) witnesses in support of the plaintiffs' case and 6 (six) witnesses in support of the defendant No.1's case and after considering the oral and documentary evidence, the trial Court decreed the suit by judgment and order dated 29.05.2000 on the ground that..Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....dditional District Judge reversed the material findings of the trial Court on proper consideration of the evidence on record on assigning cogent reasons in support of his conclusions. 11. From the facts and circumstances of the case and the evidence on record it is manifestly clear that the origi......he LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367......., submits that the learned Court of appeal below erred in law in reversing the judgment of the trial Court without reversing the material finding arrived at by the trial Court on consideration of the evidence on record and the same has occasioned failure of justice. 9. Mr. Idrisur Rahman, the lea..Category: Property Law | Date: | Hits: 88
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....mely, Abdus Satter Solaiman where the presence of both the wife of the plaintiff in the house of Abdus Satter Solaiman and of P.W.2, his brother-in-law, would be not be very normal and natural in the facts and circumstances of the case, they having not even been named as witnesses, but if present, o......s Case is also Reported in: 50 DLR (HCD) (1998) 352. ......issed the appeal being First Appeal No.184 of 1990 on 12th April, 1994, affirming the Judgment and decree of the court below. In the Judgment the Division Bench mentions as follows: “It a not in evidence that the document was executed sitting in the house of the plaintiff where the wife would h..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
....iff took Title Appeal No.78 of 1990. The appeal was contested and it was dismissed by the impugned judgment and decree dated 18-7-90 by the Subordinate Judge 1st Court, Lakshmipur. 3. The relevant facts of the case is that the property in dispute comprising an area of 0.35 acres land belonged adm...... costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ...... registration of a document or a particular Sub-Registrar’s office, such a document is to be adjudged as void under section 28 of the Registration Act.” Here, in the present case, it is not in evidence that the recitals of the documents were read over to the unsophisticated illiterate village..Category: Procedural Law | Date: | Hits: 105
Maudud Vs. State, 1998, 27 CLC (HCD)
....mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......l Hoque J.- This is an application for bail of the convict Maudud sentenced to seven years RI on 29-4-97 having been convicted under section 19(f) of the Arms Act, 1878. 2. Perused the application and heard the learned Advocate who contended that then is no requirement of holding any licence for ......anding key on entering into the shop of the informant and he caused bleeding injury to the informant with the dagger when the informant snatched away the pistol from his hand. On consideration of the evidence, Special Tribunal found the appellant guilty of possessing the dagger but did not find him ..Category: Criminal Law | Date: | Hits: 87
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....efendants. The apprehension in the minds of the petitioners that the transferor-defendants are not interested to proceed with the suit cannot be said to be without any foundation. Weighing the entire facts, circumstances and materials produced before this Court and in the light of the proposition of......acated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......mplead as transferor- defendants in the suit and by the error a failure of justice has been occasioned. 23. From the impugned order it appears that the suit reached to its peremptory stage and the evidence of P.W.1 Niranjan Kumar Mondal had been recorded in part. The suit having reached to its pe..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....barred. In this connection, the learned Advocate for the petitioner referred to the case of Syed Mokbul Hossain Vs. Government of Bangladesh, reported in 44 DLR 39. From this case it appears that the facts of the case relate to revocation of passport. However, it appears that the Court while discuss......……………………………………………………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...Category: Constitutional Law | Date: | Hits: 238
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....t property in favour of the defendants and the same having been acted upon the plaintiffs are estopped from giving a go by to the same to the prejudice of the said defendants. 11. In the aforesaid facts and circumstances of the case I find that decision of the Courts below is contrary to law in n......d 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......them by a kabuliyat dated 3rd Chaitra, 1330 BS Ext. C. Their further case is that Alabuddin and after his death his heirs paid rent of the suit property to the landlord. 4. On consideration of the evidence on record trial Court found that Rahmat Ali had 8 annas share in the suit land and decreed ..Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
.... beyond his control like unsuitable working condition in the Court room, should be excluded while computing the working days. 11. The same argument leads us to the conclusion that depending on the facts and circumstances of a particular case, the days on which the case was adjourned due to defaul...... This Case is also Reported in: 47 DLR (HCD) (1995) 24.......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....e appellants, Mr. Nurul Haque, the learned Advocate for the plaintiff‑respondent however argued that the submissions made by the learned Advocate for the appellant relates mainly to the question of facts as to whether the Bainapatra was genuine or not. He further submits that the allegations made ......t Vs. Nuruddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian ...... from the plaintiff of the 2nd suit who was put into possession of the suit land by the defendant No. 1 Santosh Kumar Paul himself i.e. the present appellant and further found on consideration of the evidence on record that it would be unjust to deny a decree for specific performance of contract to ..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....WT, to show cause why they should not be proceeded against for contempt of Court for violating the order dated 07-2-2005 passed by the High Court Division in Writ Petition No.377 of 1991. 2. The facts of the case relevant for disposal of this Rule, in brief, are that the petitioner, Lt. Cdr. (R......রাষ্ট/৬১৩ dated 09-3-1991 passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submitted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring t......ar 2009. In our view that the contemnor No.3 has simply carried on the process left behind by his predecessor and we cannot find any mala fide in his activities. There does not appear to be any evidence of mens rea on his part to deliberately flout the order or direction of the Court, and, the..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....y of the order dated 27-9-2006 passed by learned Special District Judge, and Paribesh Adalat, Dhaka refusing to comply the order dated 6-6-2006 passed by learned District Judge, Dhaka. 2. Material facts are that the plaintiff instituted the suit for permanent injunction which was dismissed by...... order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147...Category: Civil Law | Date: | Hits: 95
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....e judgment and order dated 17-1-2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title Suit No.41 of 2000, allowing an application for amendment of the plaint. 2. Short facts leading to this Rule are that on 22-3-2000 opposite party No.1 as plaintiff instituted Title......41.......ent is necessary for the purpose of determining the real question in controversy between the parties and proper adjudication of the suit. Moreover, the plaintiff will prove his own case by adducing evidence and the defendants have the ample opportunity to file additional written statement against ..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....wspaper-owners to challenge the award themselves. So the Appellate Division denied standing to the Association of newspaper-owners. The observation quoted above must be understood in the light of the facts of that case. 50. In the case of Bangladesh Retired Government Employees' Welfare Ass...... (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Ataur Rahman (Md.)...............Petitioner Vs. Bangladesh and others…………………Respondents Judgment February 4, 2010. Res......adverted to be Mr. Abdur Rab Chaudhury are quite distinguishable from those of the instant case. So the decisions rendered in two Indian cases do not seen to be of any avail to him. In the absence of evidence of any discernible guidelines, objective standards, criteria or yardsticks upon which the i..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....his writ petition filed Title Suit No.142 of 2009 in the Court of Assistant Judge, 5th Court, Dhaka which is pending. It has been further stated that the petitioners obtained the Rule suppressing the facts but the respondents never stopped the allowances of the petitioners but stopped the allowances......desh..........Respondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or give......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297....... order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......) of rule 50, a Tribunal shall, after giving opportunity to the contesting candidates and any other candidates against whom allegations of illegal or corrupt practice have been made and taking such evidence as may be produced before it make such order as it may think fit. So the whole process of t..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....The High Court made the Rule absolute upholding the contention of the Dacca Municipality and declared the impugned order to be without lawful authority and of no legal effect. 24. The relevant facts are that the American Life Insurance Company was assessed by the Dacca Municipality on the ann...... Court Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J KM Subhan J American Life Insurance Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal ...... A quasi-judicial decision pre-supposes existence of a dispute between two or more parties and presentation of the respective case by the parties to the dispute, ascertainment of fact by means of evidence when the dispute is a question of fact; submission of legal arguments by the parties of t..Category: Fiscal/Taxation Law | Date: | Hits: 156
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