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Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ...... Ed. This Case is also Reported in: VI ADC (2009) 825. ......6 in proving the plaintiffs possession of the suit land, though appear to be of independent witnesses, but their evidence cannot get preference to those of D.Ws. since supported by documentary evidence, marked Exhibit-B series and F, and thereby the appellate Court believed the possession o..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ved al 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: VI ADC (2009) 823. ......d. Ed. This Case is also Reported in: VI ADC (2009) 823. ......the petitioner submits that the High Court Division erred in holding that suit was barred by limitation inasmuch as it was so held without properly adverting to the relevant fact and evidence on record. He further submits that the finding of the High Court Division as to the unregi..Category: Property Law | Date: | Hits: 30
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ...... There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......1) amply prove title of the plaintiff No.1 in the land in suit, that the judgment and decree in Title Suit No.616 of 1969 is collusive, fraudulent and not binding upon the plaintiff, that no cogent evidence has been brought on record in support of the case of the defendant No.1 that plaintiff No...Category: Property Law | Date: | Hits: 35
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......ion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......rned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that the trial Court on proper assessment of evidence decreed the suit. But the appellate court without averting to those finding set aside the ..Category: Property Law | Date: | Hits: 27
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ...... Case is also Reported in: VI ADC (2009) 775. ......e defendants although D.W.3 categorically deposed that he received the summons but did not file written statement. 5. It appears from the record that there are discrepancies in the evidence of P.W.'s and clear deviation from the pleadings which the trial Court has failed to consi..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re 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: VI ADC (2009) 772. ......e. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......legal provisions and also after adverting to the reasons assigned by the trial Court, reversed the judgment and the findings recorded by the court of appeal below are well reasoned and supported by evidence on record and are based on correct principle of law. 6. We are of the view tha..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......shy;er on adverse possession of the suit land inasmuch as the appellate court was itself competent to re-determine the suit by framing necessary issue when there was no order for taking additional evidence in the matter. It is stated that while the Rule in the said Civil Revision was pending the..Category: Property Law | Date: | Hits: 32
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......his Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ...... to consider the submission of the learned Advocate for the appellants that "Because the High Court Division has erred in modifying the decree passed on concurrent findings of fact upon reassessing evidence although there was no case of non-consideration of evidence." 5. Mr. S. M. Munir, learne..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ...... This Case is also Reported in: I ADC (2002) 230. ......ounted from the date of their ad-hoc appointment. The Public Service commission, the Ministry of Communication and the Department of Roads and Highways made enquiries for a long time but did not find evidence of the failure of the writ petitioners before the PSC and accordingly the PSC Vide letter d..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......eal No. 19 of 1997) Vs. Bangladesh and others............Respondents (In both the appeal) Judgment April 19, 1998. Cases Referred to- Kay V. Goodwin; Surtees V Ellison; Dosso's case 11 DLR (SC) 1; Halima Khatun 30 DLR (AD) 207; Haji Joynal Abedi...... or as necessary step towards, the change of Government of the People's Republic of Bangladesh and the Proclamation of Martial Law on the morning of the 15th August, 1975, shall be sufficient evidence of such act, matter or thing having been done or step having been taken in connection with..Category: Constitutional Law | Date: | Hits: 167
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ...... of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......ue notice for failure to complete the contracted work within the stipulated time limit.
24. Thus it appears that there were disputed question of fact which requires to be adjudicated upon taking evidence for coming to a proper decision. However the High Court Division on detailed discussion f..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......terfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......e order of the Superintendent of Police, Tangail of his Memo No. 1023 dated 16.2.91. 5. As it appears on the question of sanction for the prosecution the High Court Division found that there is no evidence on record showing such sanction from proper authority though for prosecution of the accused..Category: Criminal Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so 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: ......interference. The petition is dismissed. Ed. This Case is also Reported in: ...... Division committed error of law in directing the petitioner No.1 to pay a solatium of Tk.4,50,000 over and above the loan amount of Tk.3,50,000 in an arbitrary manner without any justification or evidence as to how such solatium was calculated and further solatium may only be paid in relation t..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......punishable under Section 302/34 of the Penal Code. 8. The learned Trial Court Judge also framed another charge under Section 201 of the Penal Code for wilfully causing disappearance of the evidence. 9. Appellants Farooque Rahman, Sultan Shahriar and Mohiuddin (Artillery), who were..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......He further stated that at about 10 P.M. Major Rashid and Farooque Rahman came to the varendha of his office and some times thereafter they jointly left the place with a jeep. 182. The above evidence shows that Major Rashid and Farooque Rahman, who as the records show are close relation, a..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......ous unknown to civilization and rare in the history of mankind. 341. Mr. Mahbubey Alam, the learned Attorney General, termed it as tragic and inhuman (he burst into tears while placing the evidence on murder of Sheikh Russel). Mr. Ajmalul Hossain, Q.C., described it as horrendous killing..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......as pleased to dispose of the Death Reference and the connected appeals as per provisions of Sections 378 and 429 of the Cr.P.C. It has transpired that the decisions of Supreme Court of the Sub-continent have not laid down a clear guide-line as to how the third learned Judge should deal with the ......opinion in respect of all the accuseds i.e. where first learned Judge acquitted all accuseds and the second learned Judge convicted all, and secondly, when there is difference of opinion either on evidence or points of law leading to conviction under different provisions of law or acquittal of s..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......e defence in any manner. ...... explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue delay so as to afford enough scope for manipulating evidence. Whether the delay is so long as to through a cloud of suspicion on the seeds of the pros..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......iety in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......ra) and other decisions (AIR 1974 SC 1545, (1975) 1 SCR 747, AIR 1975 SC 258, AIR 1966 SC 40 and AIR 1977 SC 2274) Desai, J. and was of the view that there is neither any rule nor of prudence that evidence furnished by extra judicial confession can not be relied upon unless corroborated by some ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......ference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......on of the petitioners before the High Court Division that the judgment of the appellate Court was not a proper judgment of reversal since the finding of the trial Court, which was based on material evidence, was not reversed, that the finding of the appellate Court in the background of the Ext. C ..Category: Tenancy Law | Date: | Hits: 176
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