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Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......ation. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......ed throughout the whole period of trial. The Assistant Sessions Judge, after trial, convicted the petitioner and another as mentioned above. 3. On appeal, the High Court Division, considered the evidence on record and found nothing which may call for its interference. The contention that the ap..Category: Criminal Law | Date: | Hits: 39
Md. Tariqul Islam Vs. State, 2009, 38 CLC (AD)
....r arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 626.......vision without touching the merit of the case most illegally rejected the application under Section 561A of the Code. He finally submits that the Tribunal convicted the petitioner without any legal evidence but the High Court Division failed to appreciate that the inherent power under Section 561A..Category: Criminal Law | Date: | Hits: 56
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......r book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605....... are petitioners No.10 and 11 also contested the suit and filed two separate written statements supporting the case of the defendant No.4. 5. The learned Assistant Judge on appreciation of the evidence on record by judgment and order dated 31st July, 2002 dismissed the suit. The plaintiff..Category: Property Law | Date: | Hits: 27
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......ed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598....... that the plaintiffs have got no prima-facie arguable case. 4. Mr. A.K. Badrul Huq, learned Counsel, appearing for the petitioners submitted that documents fled by the plaintiffs under Firisti are evidence that the suit is the land belonged to K.D.D.B. and defendants as well admitted that K.D.D.B..Category: Property Law | Date: | Hits: 31
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......on is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......ve transfers the plaintiff is not entitled to the saham as claimed in the plaint and he is entitled to a fractional share of the suit lands. The learned Senior Assistant Judge on consideration of the evidence on record decreed the suit and allotted 1.50 acres of land in favour of the plaintiff and d..Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590....... application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......ip, the disputed deed was registered with Palong Sub-Registry Office and that the plaintiffs had knowledge about the transfer of the lands. 3. The learned Assistant Judge on consideration of the evidence on record by judgment and order dated 23rd November, 1999 decreed the suit and declared the..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587....... permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......y Commissioner, Khulna. The said defendants filed written statements separately but the defendant No.6 ultimately did not contest the suit. The Deputy Commissioner, Khulna though did not adduce any evidence but cross-examined the plaintiffs witnesses. In the premises, the suit having been decreed ..Category: Limitation Law | Date: | Hits: 149
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......he petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......nd it has not been acted upon. The suit was instituted with a view to grab the Government's khas land which is liable to be dismissed. 4. The learned Joint District Judge on consideration of the evidence on record by judgment and order dated 30th January, 1997 dismissed the suit. On appeal by t..Category: Property Law | Date: | Hits: 26
....o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
...... till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......m, learned Counsel, appearing for the petitioners submitted that the plaintiffs having succeeded in proving that Kanai Chandra Das is the legitimate son of Krishna Chandra Das by oral and documentary evidence and on the basis of the said evidence the trial Court decreed the suit but the Court of App..
Category: Property Law | Date: | Hits: 58
Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......dingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ...... said plot No.65 is identical with Annexure-K and Annexure-A is a question of fact and it could be resolved in a regular title suit by making relayment by an Advocate Commissioner and other support evidence on record and the same could not be the subject matter of writ petition. Admittedly the pet..Category: Property Law | Date: | Hits: 23
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision 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: VII ADC (2010) 541.......so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......record, was competent to come to a decision of its own without sending back the suit on remand to the trial Court and that remand orders are not be made as a matter of course when there is sufficient evidence on record and in the instants case judgment of the trial Court is well reasoned and based o..Category: Civil Law | Date: | Hits: 72
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......(d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......rder of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......nvestigation is the precondition for ensuring dispensation of justice. Mainly for that purpose, when there is allegations of serious offence, bail is generally refused, in order to avoid tempering of evidence so that the police may collect evidence from the witnesses, who may otherwise be afraid of ..Category: Criminal Law | Date: | Hits: 68
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......r 22, 2000. Cases Referred To- Muhammad Zulfikar Vs. Abul Kalam Chowdhury and others, 42 DLR 21; 1990 BLD (AD) 58, 42 DLR (AD) 83. Lawyers Involved: Md. Idrisur Rahman with Md. Sultan Uddin, Md. Ekramul Islam and Md. Shahidullah, Advocates — For the Petitioner. Mahbubey Alam, with ......after declaration of election schedule without the permission of Election Commission, Electoral Roll or voter list could not be corrected or revised, Election Appellate Judge found that there were no evidence to show that exclusion of 555 voters had been done under the direction of Election Commissi..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......ith a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......mmission of murder and, as such, the disputed confession cannot be the legal basis for conviction and sentence of the appellant, that there is no eye-witness in the case and there is no corroborative evidence as to the circumstances, the prosecution witnesses gave discrepant evidence during the exam..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......amy Pillai and others AIR 1971 Mad 8; Dau Alakhram Vs. Kulwanth Bai and another AIR 1950 Nag 238; Ali Mohamma Shaha Mohammed PLD 1987 Lab 607. Lawyers Involved: Faruque Ahmed with Gazi Md. Mohsin, Advocates—For the Petitioner. Shahabuddin Ahmad, Advocate—For the Opposite Parties. Ci...... story of taking loan on deposit of a stamp paper with Khalil Raj was disbelieved, that the defendant No.1 also failed to prove that the plaintiff had stolen the stamp paper, that on consideration of evidence on record, both oral and documentary, the learned Munsif found that the bainapatra Exhibit ..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......d down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......s supplied) 16. In the case of Krushna Chandra Vs. Commissioner of Endowment reported in AIR 1976 Orissa 52 it was held by a Division Bench that before invoking section 73 of the Act there must be evidence before the Court that a thumb impression was that of a party to the litigation to be compar..Category: Procedural Law | Date: | Hits: 85
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......tive and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......in these years the assessee spent fabulous amount or incurred new family expenses. In that view of the matter we fail to understand on what basis the figure was raised by the DCT and on what material evidence. In consideration of these facts and circumstances of the Case it appears that the Tribunal..Category: Fiscal/Taxation Law | Date: | Hits: 64
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232....... Golam Mostafa……………… Petitioner Vs. Begum Rokeya Khandaker & others…………Opposite Parties Judgment January 8, 2001. Lawyers Involved: Syed Md. Dastagir Hussain, Advocate—For the Petitioner Taimur Alam Khandker Advocate—For the Opposite Party No. 1. ...... Assistant Judge, Second Court, Narayanganj by judgment and order dated 24-6-1992 allowed pre-emption Miscellaneous Case. In allowing the Case learned Senior Assistant Judge as trial Judge considered evidence both oral and documentary and other materials brought on record and recorded decision that ..Category: Property Law | Date: | Hits: 23
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214....... There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......the court and Court alone who decides the matter finally. 11. The report is yet be obtained and Court is yet to accept it or not and Court is yet to come to its own conclusion after he takes other evidence of record along with the expert’s opinion and, necessary, by comparing the LTI himself an..Category: Procedural Law | Date: | Hits: 90
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