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Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......nce. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......ted a knife blow on the neck of the victim and Motahar died on the spot. 10. It further appears that P.Ws.2, 3, 4, 6 and 7 have corroborated the testimony of P.W.1. It further appears that the evidence of P.W.10 Dr. Khairul Khabir also supÂports the ocular evidence of P.Ws. 11. In suc..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ......to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ......d trial. 5. The prosecution examined 18 witnesses out of them 2(two) witnesses were tenÂdered and the rest 16 witnesses were cross examined by the defence and the defence did not adduce any evidence. 6. After the examination of the prosecution witnesses, the convict-respondents we..Category: Criminal Law | Date: | Hits: 294
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......se is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......he was its Chairman, as such, the suit should be disposed of in her presence. However, her liability is not dependent on her status as the Chairman or shareholder of the company unless it is found on evidence that she executed the charge documents in favor of the bank or mortgaged her property in it..Category: Banking Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......ut lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......ecord of right has been described as 'Pukur par' (bank of the pond) and hence the suit land are not forest or waste land and that the record of right though not document of title but it is rebuttable evidence as to possession which proceeds to show title in the land and that the Government by accept..Category: Property Law | Date: | Hits: 21
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....rived at a correct decision. We, thereÂfore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ...... The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......th the judgment of the court of appeal below in failing to consider that the learned Additional District Judge being the last court of facts should have properÂly considered the oral and documentary evidence on record and thereby committed error of law in dismissing the appeal withÂout application..Category: Property Law | Date: | Hits: 25
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....sponÂdents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......uit in its present form is not maintainable and the plaintiff is not entiÂtled to get any declaration of title and recovery of khas possession of the suit land. 4. The trial court upon taking evidence and on hearing both the parties decreed the suit. Being aggrieved thereby the defendant a..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......r, 1994 and the deed was regisÂtered on 22nd October, 1994 on payment of the balance consideration money. He being a co-sharer had been in possession of the land. 5. Upon consideration of the evidence on record, the learned Senior Assistant Judge by the judgment and order dated 26th January,..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ...... dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......ed trade mark No. 21508 in class-30 he left the proceeding and the applicaÂtion was allowed to proceed to registraÂtion. As a matter of fact, the Registrar of trade marks ought to have examined the evidence further and ought to have considÂered the application in the light of statutoÂry objectio..Category: Intellectual Property Law | Date: | Hits: 273
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......issed. Ed. This Case is also Reported in: VII ADC (2010) 318. ...... the plaint. 4. The learned Subordinate Judge framed five issues including one on the question of dispossession of the plaintiff from the suit land. After hearing and on consideraÂtion of the evidence on record, the learned Subordinate Judge found that the plaintiff is entitled to only one d..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interferÂence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......iew petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ...... and decided those issues in favour of plaintiff. Learned trial Judge then took up issue Nos.4 and 5 together. In deciding those two issues learned trial Judge took into account pleadings of parties, evidence, both oral and documentary. Learned trial Judge considered two rent receipts, Exhibits-2 ..Category: Property Law | Date: | Hits: 22
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......ngly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......t No. 265 of 1976 and though the defendant claimed the Title Suit No. 295 of 1996 challenging the decree passed in the Title Suit No. 265 of 1976 yet he did not get any relief therein and further the evidence on record also show that the plaintiff was given possesÂsion in kha schedule land but ther..Category: Property Law | Date: | Hits: 20
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......ussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......ndment of the plaint which may be allowed by the Appellate Division and the case be sent on remand for fresh trial for proper adjudication. 9. It appears that the courts below considÂered the evidence of D.W.2 Md. Azizur Rahman, who served the summons on the plaintiffs, who were defendants i..Category: Property Law | Date: | Hits: 35
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......se is also Reported in: VII ADC (2010) 288. ......eds; that the alleged deed dated 12.1.1961 in favour of the mother of the plaintiffs is false, forged and fabricated and as such the suit is liable to be dismissed. 4. The trial Court upon taking evidence and on hearing the parties decreed the suit by judgment and decree dated 26.10.1998 in prel..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......is Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......ed from heirs of Karam Ali Sheikh after his death and got possession of the land in suit and prayed for dismissal of the suit. 5. The trial Court framed necessary issues and on considering the evidence on record, by judgment and decree dated 17.7.1986 decreed the suit in favour of the plainti..Category: Property Law | Date: | Hits: 26
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ...... Ed. This Case is also Reported in: VII ADC (2010) 271. ......title and claimed that the plaintiff did not acquire any title on the basis of certificate sale and he was not given possession of the suit property. 5. The trial Court on consideration of the evidence on record held that the sale was a nullity; the plaintiff acquired no right in the suit lan..Category: Property Law | Date: | Hits: 20
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......nts are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......compelled to be a witness against himself. So, any information which may be obtained or extorted by taking an accused on 'remand' and by applying torture, the same information cannot be considered as evidence and cannot be used against him...............................................................
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd 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 BLC (AD) (2010) 140. ......ecision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......motion and sentiment must not sway their findings and decision and it is desirable that a judge should avoid expressing their feeling, emotion and sentiment in the judgment but to follow the law, the evidence and material on record but in the present case, the learned Session Judge deviated from the..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......€™ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......nd so the provisions of Order XXIII, rule 1(3) of the Code of Civil Procedure regarding withdrawal/dismissal are not appliÂcable and the High Court Division was wrong in not properly considering the evidence of both the parties on the question of possession of the disputed land. 6. Mr. Abdul..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......se of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......t the learned Judge of the High Court Division erred in law in interfering with the concurrent findings of the Courts below in failing to consider that the Court below on a proper appreciation of the evidence on record have arrived at the finding that the defendant Nos. 1-8 and 12 have failed to pro..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ase. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......the Penal Code and thereafter five witnesses were examined on behalf of the prosecuÂtion and at that stage, the prosecution filed an appliÂcation intimating the Court that it had no other medÂical evidence to be adduced in the case other than that was proved by Dr VV Gupta (P.W. 3). Under such ci..Category: Anti-Corruption Laws | Date: | Hits: 195
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