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Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......rim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......nishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Cour..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

.... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......inister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......e date of alleged occurrence. The respondents cannot be held responsible on the basis of vague and indefinite allegation relying upon some press reporting and photographs which are not the conclusive evidence of the facts. 4. The respondent Nos.4, 5 and 6 contested the Rule by filing a separate a..

Category: Constitutional Law | Date: | Hits: 264

State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)

....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......hich is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......emned prisoner Sadequl Islam Tusar to go to Dhaka or Natore to live there. Out of frustration, Rakhi committed suicide. The accused are not involved in this case. 7. After close of recording of evidence of the prosecution witnesses, the accused on dock were examined under Section 342 of the Co..

Category: Criminal Law | Date: | Hits: 43

Azam Reza Vs. State, 2010, 39 CLC (AD)

....ons as above we find nothing to interfere with the judgment of the High Court Division and according­ly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......ith the judgment of the High Court Division and according­ly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......olice Station Case No.24.01.2004, arose out of the incident of road accident the ambulance carrying the dead body of the deceased to the morgue faced. 11. The learned Judge on consideration of the evidence on record and the facts and circumstances of the case convicted and sentenced the accused a..

Category: Criminal Law | Date: | Hits: 100

A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)

.... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ......dingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ......he car. 4. The said claim case being renumbered as the Claim Miscellaneous Case No. 27 of 2003 was transferred to the Claims Tribunal and the Court of Special District Judge, Comilla. After taking evidence adduced on behalf of both the parties, the miscellaneous case was allowed in part by the Cl..

Category: Civil Law | Date: | Hits: 96

Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)

.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......d 307 and such offence has to be tried either under Section-326 or under Section-307 of the Penal Code having regard to prevailing circumstances. Considering the facts of the case as made out and the evidence on record we are of the view that Section 307/34 is applicable in the instant case, since a..

Category: Criminal Law | Date: | Hits: 45

Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)

....rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......ook is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......decree dated 24.03.1999. Being aggrieved, the defendant Nos.1 to 3, preferred the Civil Revision No.371 of 2000 in the High Court Division. 4. The High Court Division found that no documentary evidence was filed from either side. From the oral evidence on record he found that Abdul Jabbar die..

Category: Property Law | Date: | Hits: 23

Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and oth­ers, 2009, 38 CLC (AD)

....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......l) Present: Mohammad Fazlul Karim CJ BK Das J ABM Khairul Haque J Md. Sahfuzul Islam alias Shafizul…………….....Petitioner Vs. Md. Amjad Hossain and oth­ers.....................Respondents Judgment October 23, 2009. Law......Rule was also discharged by the judgment and order dated 18.03.2009, concurring with the judgments and orders passed by the Courts below. 4. The learned Assistant Judge on consideration of the evidence on record found that the Nadabi deed is a forged one, that 0.1112 acres out of the suit-lan..

Category: Property Law | Date: | Hits: 21

Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)

....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......o dated 20.02.200, the respon­dent No.3 terminated the lease by giving a notice for 90 (ninety) days, invoking clause 14 of the Agreement. The legality of such termination can be decided on tak­ing evidence in a civil suit but not under the writ jurisdiction of the High Court Division. 10. ..

Category: Civil Law | Date: | Hits: 90

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......issed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......­sive deed. As a matter of fact, he executed a deed of mortgage at a consideration of Tk. 25,000/-. The suit is, therefore, liable to be dismissed. 4.  The trial court on consideration of the evidence on record by judgment and order dated 26th February, 2003 dismissed the suit directing the ..

Category: Property Law | Date: | Hits: 17

Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)

....ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ...... No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......being the inland carrier is liable for the damages. 5. The case was heard by the learned Subordinate Judge (now Joint District Judge), 3rd Court, Dhaka and upon con­sideration of the material evidence on record the learned Subordinate Judge was pleased to decree the suit on contest against t..

Category: Business or Commercial Law | Date: | Hits: 186

Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)

....e, 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: VII ADC (2010) 411. ...... Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......tted that the Title Suit No.254 of 2001 is pending before the Assistant Judge, Patuakhali regarding the question of illegitimate committee which requires determination of disputed question of fact on evidence in the High Court Division ought to have discharged the Rule. 4. The High Court Divi..

Category: Civil Law | Date: | Hits: 84

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

....ch circumstances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ...... result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......favour of Sumoti Bala and Rajib Kumar by 9 (nine) registered kabalas dated 24.10.1972 and 10.09.1974. The defendant No.1 also purchased 0.18 acres of land from Jogendra. The Trial Court also found on evidence that the defendants are in possession of the suit land. With these findings, the Trial Cour..

Category: Limitation Law | Date: | Hits: 181

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ...... Ed. This Case is also Reported in: VII ADC (2010) 400. ......sferred. 9. I have perused the judgment of the High Court Division and those of the Courts below and heard the learned Counsels. The Court of appeal below on considera­tion of the documentary evidence has held that it is not clear as to in which portion of plot No.2261 the pre-emptor is in p..

Category: Property Law | Date: | Hits: 33

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

.... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ...... shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......ned-on-record appears on behalf the of respondent nos. 1-4 and 7. 8. We have heard the submissions of the learned Advocates for both the parties and perused the impugned judgment and all other evidence on record. The learned Advocate for the petitioner submits that the High Court Division com..

Category: Property Law | Date: | Hits: 43

Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......learned Counsel for the petitioner submits that it is the admitted position of the petitioner that he lives in Asham, and thus the date of knowledge of the petitioner is corroborat­ed by documentary evidence, such as, the petitioner's passport showing the date of his arrival in Bangladesh, and the ..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ...... to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......pre-emptor as to the mutation and payment of rent on the basis of a separation of jama by his mother, the learned Advocate submits that this was a bona fide mistake of fact and not support­ed by any evidence on record, as such, Rabeya Khatun the mother of the pre-emptor never ceased to be a co-shar..

Category: Property Law | Date: | Hits: 27

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......e is also Reported in: VII ADC (2010) 361. ......esh to do justice. 10. The arbitration tribunal framed as many as 18 issues to decide the claim and the counter claim made by both the par­ties. The tribunal, on 08.04.2006, after considering the evidence on record, the relevant exhibits filed by both the parties the written statements of the pa..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....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: 15 MLR (AD) (2010) 99. ......also Reported in: 15 MLR (AD) (2010) 99. ......e and perused the impugned judgment and order of the High Court Division and also other connected papers. 4. As it appears the High Court Division considered the plaint, written statement, the evidence on record and the judgment and decree passed by the learned Assistant Judge    and the i..

Category: Property Law | Date: | Hits: 24

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......ission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......bring their action within the mis­chief of Article 70 of the Constitution. Thus, there is no question of vacating their seats in Parliament by the said two members. In the absence of any prima facie evidence on their resignation or casting vote against the party decision, the question of referring ..

Category: Constitutional Law | Date: | Hits: 171