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KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......ing the address to which the notice of demand had allegedly been sent, Exhibit 6(2) the postal acknowledgment card showing, address where the registered letter was sent and relevant oral evidences on record, there is no presumption of service under the General Clauses Act and, as such, the suit is n......ibit 2 is genuine or forged. Mr. Khandoker Mahbubuddin Ahmed also argued that no notice of demand under section 9(1)(i) in the name of the appellant having been addressed, as required by rule 33, and service having not been proved according to law, the whole proceeding against the appellant is illeg..Category: Civil Law | Date: | Hits: 83
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......nd some rent receipts, a municipal tax receipt, an electricity bill, etc. were admitted into evidence on the side of the defendants. The learned Subordinate Judge, on consideration of the evidence on record, dismissed the suit with the finding that the plaintiff-appellant failed to prove the alleged......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......ession in the suit land nor he was dispossessed, as alleged. 4. The learned trial Court has been pleased to dismiss the suit on his findings that the Exhibit‑Ka i.e. RoR Khatian was prepared and recorded in the names of Korban Ali and Hatem Ali, instead of Abdul Jabbar's daughters Hamida and Sa......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ...... seem fit and proper. 2. It deserves mention here that during the pendency of this revisional application both the petitioner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, a......olding. Further, he was a contiguous land holder to the case land. On 17‑3‑1976 opposite party No. 2 transferred his 1/3rd interest covering 0.361/3rd acre of land to opposite party No. 1 without service of any co-sharer's notice upon him. The said kabala was registered on 18‑1‑1980. Opposit..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....or injuries they ought to have informed the police at that moment. But they did not give such information, rather they put their signature on the inquest report thereafter the said doctor who has got good relation with the doctors of Dhaka Medical College wherein the post mortem was held, managed to......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..Category: Criminal Law | Date: | Hits: 96
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963....... have considered the submissions of learned Counsel appearing before us representing the respective parties, and perused the impugned judgment of the High Court Division as well as the materials on record. 14. We find substance in the submissions made by the learned Counsel in both the Civil Pe......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......tiffs as alleged and that the deed of contract for sale is a forged one. The plaintiffs are "not in possession of the suit land as alleged. 4. The trial court on consideration of the evidence on record decreed the suit. On appeal from the said judgment and decree by the defendant, the court of ......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..Category: Civil Law | Date: | Hits: 55
.... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......7.11.1942. The plaintiffs father Akhil settled .40 acre of land with Hasmat Ali and thus he is entitled to 1.60 acres of land.
6. The trial court, on consideration of the evidence and materials on record, found that the defendant No.1 is not adopted son of Purna Chandra. The trial court held that...... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
..
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ...... Dipak Datta Bhola was arrested. His confession led to recovery of the severed head of the deceased. Then accused Dipak Datta Bhola, Jahangir Alam and Md. Mobarak Hossain made confessional statements recorded by the Magistrates under section 164 of the Code of Criminal Procedure. Police after invest......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......, which gave rise to Kotwali P.S. Case No.42 dated 20.04.97. 3. During the course of investigation statements under sections 164 of the Code of Criminal Procedure of four important witnesses were recorded as well as statements of other witnesses under section 161 of the Code. Also TI Parade was ......statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......n and Ramija Khatun were arrested on suspicion and forwarded to the Court of learned Magistrate. Accused Edu Miah and Ratan Miah were taken on remand and thereafter their confessional statements were recorded under section 164 of the Code of Criminal Procedure by a Magistrate, 1st Class, Comilla. Af......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......ellant for the murder of Khiroda Bala Mahajan. Mr. A.K.M. Shahidul Huq, learned Advocate-on-Record appearing on behalf of the appellant has placed the evidence of the witnesses and other materials on record and submits that there is no legal evidence to corroborate the confessional statement of co-a......lly places like Gaya and Kashi in India, when the appellant demanded to her to donate the said piece of land. Subsequently the victim gifted the said land to the informant on being satisfied with the services he was rendering to her during her ailments. Subsequently the appellant by false personatio..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....he defendant had a cordial relation with the husband of the plaintiff and he paid him rent regularly but because of the warm relationship the landlord did not grant him rent-receipts regularly and in good faith he did not insist on it. As a matter of practice he used to give receipts against payment......iolating the correct principle of law relating to appreciation of evidence. The learned Court below fell in error in not deciding the present case on its own merit on consideration of the evidence on record, both oral and documentary. Order passed in a miscellaneous proceeding before the Rent Contro......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....tedly for over 20 years within the full view and knowledge of its owners, the defendant and all others in assertion of hostile title, denying the title of the owners and in this way he has acquired a good title in the said land by way of adverse possession; recently he learnt that 8 decimals of land......nnot be the ground for rejection of the plaint and Title Suit No. 27 of 1985 does not stand as a bar against the present suit. 12. From the facts and circumstances of the case and the materials on record I am of the opinion that the learned Subordinate Judge committed no attached error of law in ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....e only in accordance with the provisions of this Act, and may be of the following kinds only, namely: (a) fines; (b) deductions for absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employed person for custody; or for loss of money for which he is r....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......Limited, is a private Limited Company engaged in the business of shipping agents, characters, etc. The respondent No.1 was an employee of the petitioner company and worked as an office assistant. His service was terminated under section 19 of the Employment of Labour (Standing Orders) Act, 1965 vide..Category: Labour and Industrial Law | Date: | Hits: 255
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......placed on trial before the learned Magistrate, Second Class, Feni where seven witnesses have been examined from the side of the prosecution. The learned Magistrate on consideration of the evidence on record by judgment dated 27-12-93 acquitted the accused-petitioners. 3. On being aggrieved by thi......and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......e with fine and further convicted accused Nos. 1 and 3 under section 412 of the Penal Code and sentenced each of them to suffer rigorous imprisonment for one year and to pay fine. 3. Thus the case record in respect of Abul Hashem has been sent to us under section 374 of the Code of Criminal Proce...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ..Category: Criminal Law | Date: | Hits: 66
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......ndustry) (Annexure G) shall not be declared to be illegal, without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that Arbitrator appointed under the provisions of the Co-operative Societies Ordina......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15...Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....on asserting that it is not true to say that the election was held peacefully. It is also not true that the petitioner secured 2178 valid votes on 17.2.92 and asserted that the respondents made out a good case and demanded recounting after the poll was closed and the Election Tribunal rightly allowe......ies and the Tribunal proceeded to arguments fixing a date, but before the argument could start, the respondent No.1 Motalib, filed petition before the Tribunal praying that in view of the evidence on record in order to decide the issue as to the legal and correct counting of votes, the ballots shoul......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....ction 43 is an indemnity clause in the said Ordinance which reads as follows: "43. Indemnity.‑ No suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Ordinance or any order or rule made ther...... was in favour of the plaintiffs. 3. Whether the plaintiffs would suffer irreparable loss if no temporary injunction is granted. The learned Assistant Judge on consideration of the materials on record and the facts of the case found that the plaintiffs have prima facie case only in respect to ......s that no notice under section 3, 6 or 7 of the aforesaid Ordinance has been served upon the plaintiff in the LA Case though their ownership over the suit land is not disputed. In order to show non‑service of the said notices, upon the plaintiffs, they have filed an application under section 151 o..Category: Property Law | Date: | Hits: 47
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