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Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ...... on the suit land had accrued on the aforesaid date; that even if the original owner subsequently after 23.04.1945 had migrated to India which the defendant Government totally failed to prove and the evidence on record does not support the contention by the defendant that the suit land had vested in..Category: Property Law | Date: | Hits: 28
....ction of a court or tribunal; (2) when court or tribunal acts illegally improperly; (3) where there is an error of law apparent on the face of the record; (4) admissible material hag been rejected or inadmissible one has been accepted; or (5) when finding of fact is based on no evidence at all.
...... of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......l, which has been annexed by the petitioner No. 1 in the supplementary affidavit to substantiate the plea of malafide. To meet the argument suffice it to say that a paper cutting is not admissible in evidence unless the contents of the news item are proved in accordance with law. We do not know if t..
Category: Constitutional Law | Date: | Hits: 126
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ...... Cases Referred To- Muslim Halder (Md) Vs. Hajrat Ali Halder and others 48 DLR 175; Abdul Khaleque Vs. Abdur Noor and others 49 DLR 74 & Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan 50 DLR 147;Tamizunnessa Vs. Umar Ali 18 DLR 572. Lawyers Involved: Md. Serajul Islam ......trial Court also found that the pre-emption Case was filed before the cause of action arose and accordingly the pre-emption proceeding was not barred by limitation. The Court noticed that there is no evidence with regard to estoppel, waiver, acquiescence and res judicata. The trial Court further not..Category: Property Law | Date: | Hits: 31
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......pugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ...... explained the same to him. The convict appellant pleaded not guilty and claimed to be tried. The prosecution thereupon examined ten (10) witnesses to prove the charge. After the close of prosecution evidence the convict appellant was examined under section 342, Cr.P.C. to which he again pleaded not..Category: Criminal Law | Date: | Hits: 27
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......esponsibility is not over as soon as he completed the investigation and submitted the police report i.e. charge-sheet. But his responsibility continues till the conclusion of the trial to see that no evidence in the Case is lost by means of gaining over a witness or otherwise which may happen in Cas..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......hammad Ali Khan, Advocate—For the Petitioner. Md Khurshid Alam Khan, Advocate—For the Opposite Party. Civil Revision No. 2219 of 1997. Judgment AK Badrul Huq J.- Feeling aggrieved by a decision rendered by appellate Judge in a family Appeal where under maintaining d......r 41 of the Code of Civil Procedure. 19. Section 107 of the Code enjoins that subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power to additional evidence or to require determine a Case finally, to remand a Case, to frame issues and refer them fo..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ....... Rewrite more laws. Chew more clauses out of the Constitution. May be, as a former Vice-President once said, the American people are too dumb to understand, but I would bet that the outcropping of evidence at the top in testimony before the US Senate says something about the swelling concern amon..Category: Criminal Law | Date: | Hits: 49
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ...... This Case is also reported in: 53 DLR (2001) 131. ......he application under rule 19, Order 41 of the said Code nor the application under section 5 of the Limitation Act having been opposed and controverted by the defendants-respondents and there being no evidence taken in the Case on the issues both on sufficient cause and on limitation, the appellate C..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ...... In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......t the goods to be returned to all the 6 FIR named persons as well as seizure list persons. But the customs authority will return the goods on strict scrutiny of the individual claims as well as other evidences on record. Send a copy of this order to the customs authority for compliance. From ..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......he charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......e Department of Anti-Corruption but he has not been examined in this Case. PW1 Narayan Chandra Biswas partly investigated the Case but he is totally silent about the sanction order. There is no other evidence as to what paper was placed before the sanctioning authority and thus there is no extraneou..Category: Criminal Law | Date: | Hits: 42
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
....lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ...... on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ...... son was in the school, the appellant petitioner entered into the house and raped the victim forcibly. The learned Advocate invites our attention to the fact that the Tribunal solely relying upon the evidence of the deaf and dumb victim convicted the present appellant-petitioner. With reference to t..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....be expunged. In Panchan Banerji Vs. Upendra Nath Bhattacharjee AIR 1927 Allahabad 193 it was held that the High Court has inherent power to order a deletion of passages which are either irrelevant or inadmissible and which adversely affect the character of persons before the Court. The High Court as...... order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......h the petitioner has taken objection was not necessary for the determination of the learned Senior Assistant Judge. 10. The learned Assistant Judge also went wrong to co and again, without any evidence or material on record, “এক্ষেত্রে প্রার্থী কোনট..Category: Civil Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......mmercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......r. 8. Prosecution examined 35 witnesses while defence examined none. Accused No.16 however, filed some papers at the time of his examination under section 342 Cr.P.C. 9. On consideration of the evidence on record learned trial Judge found the prosecution Case well proved and consequently convi..Category: Property Law | Date: | Hits: 33
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......ipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......rned Advocate appearing for the accused petitioners, submits that the learned Additional. Sessions Judge evidently erred in law in passing the impugned judgment without discussing and considering any evidence of the witnesses examined by the prosecution in contravention of the clear provisions of la..Category: Criminal Law | Date: | Hits: 60
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ...... to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ...... allegation that petitioner is not the original owner of the building, rather he is an impostor of the original owner. 9. On the other hand, the petitioner has submitted sufficient documentary evidence to prove that he is the original lease holder of the plot in question namely, Abul Hossain ..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......eference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......rd illegally added the income of building. The learned Advocate further submits that as usual the learned assessee advocate did not maintain any books of account and failed to produce any documentary evidence in support of his declared income and the Assistant Commissioner estimated his provisional ..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......he aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......d to assume the office of the Managing Director for the greater interest of the company and he is functioning as the Managing Director under the supervision of the Board of Directors. But there is no evidence that the respondent No.3 relinquished the office of Managing Director. It further appears f..Category: Business or Commercial Law | Date: | Hits: 198
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......ce and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......e submits that the accused-petitioner being a former State Minister o the People’s Republic of Bangladesh has tremendous influence and if he is released on b there is a chance of tampering with the evidence besides taking advantage of the bail he is likely go abroad on the plea of treatment and th..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......imate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......aid application as irrelevant and belated. Mr Abdus Sobhan Tarafder also submitted that in the trial Court, the plaintiff proved their title and possession but the Trial Court without considering the evidence on record disposed of the suit on those mistaken statements as recorded. Appellate Court al..Category: Property Law | Date: | Hits: 22
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......and others......................Petitioners Vs. Abdul Jalil and others......................Opposite Parties Judgment November 18, 1999. Cases Referred To- Guinness Peat (Trading) Ltd, 1992 BLD (AD) 247, 44 DLR (AD) 242; Burmah Eastern Ltd Vs. Burmah Eastern......y be mentioned that in the earlier suit dispute was raised as regards area of land sold in 1954-55 to the defendants in CS plot No. 371. After local investigation and after considering other material evidence on record both documentary and oral, it was clearly held by the trial Court, the High Court..Category: Property Law | Date: | Hits: 61
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