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Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....2‑2003 calling upon the respondents to show cause why the said resolution should not be declared to have been taken or made without any lawful authority. Subsequently, having come to learn some new facts and with a view to avoiding future complications, an application was filed and moved for issua......ecial Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Raquibuddin Ahmed………………………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made ......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...Category: Civil Law | Date: | Hits: 63
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....of the occupied lands to the respondents. It is in this context that the impugned notice was issued, the respondent No.1 stating that the notice reflects the mere initiation of a process to ascertain facts and questions of title and is a direction to show cause and is by no means to be treated as a ......t Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Rahman (Md.) & another...........Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment July 10, 2004. Result: The Rule is discharg......is report stated that SA Plot No.1730 has been created out of the land of CS Plot No.3600 (Annexure‑'B'). The petitioners state that the plaintiff in the said suit filed unregistered do Amalnama in evidence of settlement of the suit land and on the basis of the same the suit was decreed on 28‑4â..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....e of section 9(1)(i) of the Act. 5. Mr. Shamim Khaled Ahmed, the learned Advocate appearing for the respondent No.1, submits that although the word 'debtor' has not been defined by the Act but the facts remain that the Guarantor is equally liable for the debt and, in view of section 9(1)(i), the ......me Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Matin J Afzal Hossain Ahmed J KM Akhtaruzzaman........................Appellant Vs. Agrani Bank and others.................Respondents Judgment June 18, 2003. Result: The appeal is all......unt as the guarantor. No notice under section 9 was served upon him. The defendant No.3 also filed an additional written statement by denying his signature on guarantee form and after considering the evidence of the parties and the documents which have been exhibited the Bankruptcy Court allowed the..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....Advocate for the petitioner as well as the learned Deputy Attorney‑General as have been noted hereinabove, it appears to us that the only question to be decided in this Rule is as to whether in the facts and circumstances of the instant case respondent No.1 was justified in refusing to assess and ......& others.................Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- A Hannan Vs. Collector of Customs, Customs House, Chittagong and others, 40 DLR 273; Collector of Customs, Customs House, Chittagong and others Vs. A Hannan, 42 ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
....boundary wall which has been in existence since over a century. In the application for amendment of the written statement the defendant No.4 sought to amend paragraph No.16 (cha) by including certain facts which are completely new having no connection or relevance with the statements made in the ori......ision
(Civil Revisional Jurisdiction)
Present:
Bijan Kumar Das J
Abul Kashem Al-Asad………………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties
Judgment
June 22, 2004.
Result:
The Rule...... the written statement and submits that by such amendment the entire complexion of the written statement has been changed which is contrary to law. Mr. Deb further submits that after the close of the evidence of the plaintiffs the written statement could not be amended introducing a new story by tak..
Category: Property Law | Date: | Hits: 71
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. ......ourt High Court Division (Civil Appellate Jurisdiction) Present: SM Dastagir Husain J AKM Fazlur Rahman J Rafia Begum..................... Plaintiff-Appellant Vs. Afroza Bewa and others..............Defendants Respondents Judgment April 20, 2004. Result: The appe......contested the suit adopting the written statement filed by their predecessor. 5. At the trial in order to prove the plaint case, the appellant alone deposed as P.W.1. No document was admitted into evidence on her side. On the other hand, 3 D.Ws. were examined and some rent receipts, a municipal t..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. ......urt High Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J A Halim (Md.)...............................Petitioner Vs. Mafijul Islam Tarafder alias Kalu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is mad......authentic deed of family arrangements and also in view of the fact that the RoR khatian was not recorded in the names of the predecessors of the plaintiff. The plaintiff could not adduce any reliable evidence in support of the alleged gift and he also failed to provide any reasonable circumstances i..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. ...... expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ...... purchased 1/3 rd interest of opposite party No.4 Raisuddin by a kabala dated 13‑3‑1976. His own deed of purchase which was exhibited by opposite party No.1 in the trial Court and was received in evidence as exhibit A(1) showed that opposite party No.1 purchased from Abdus Sattar on 30‑1‑198..Category: Property Law | Date: | Hits: 79
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....t of Gulshan Police Station Case No.18(1)04 dated 10‑1‑2004 under sections 302/201 of the Penal Code now pending in the 3rd Court of Additional Metropolitan Sessions Judge, Dhaka. 2. The short facts for disposal of the Rule is that, the petitioner's wife deceased Joyanti Munshi alias Joyanti ......itan Sessions Judge, Dhaka. 2. The short facts for disposal of the Rule is that, the petitioner's wife deceased Joyanti Munshi alias Joyanti Reza committed suicide by hanging from a fan by a scarf and on his instance a UD Case being UD Case No.2 of 2004 dated 9‑1‑2004 was started in Gulshan P......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)
....in Artha Rin Suit No.7 of 2008, now pendÂing before the Artha Rin Adalat, 1st Court, Chittagong. It was contended that the preÂsiding Judge was not authorised to pass the orders impugned. 5. The facts of the case in brief arc as follows: 6. The writ petitioner company proposed to develop the......Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J One Bank Limited…………................Petitioner (In Civil Petition No.620 of 2011) Vs. Chaya Developer (Pvt.) Limited and others................Respondents (In Civil Petition No. 620 of 2011) Chaya Developer (Pvt.)......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)
....ntiffs and the defendant, and had arrived at the conclusion that "the impugned judgment and order suffer from misconception and mis-appreciation of law, inasmuch as, the plaint does not conÂtain the facts regarding offer, acceptance, time and place of the baina and also the names of witnesses as re......ion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Khokan Chandra Mondal and another........................Appellants Vs. Nanda Lal Mridha and another.........by the plaintiffs as alleged and that the deed of contract for sale is a forged one. The plainÂtiffs 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, t..Category: Civil Law | Date: | Hits: 55
.... and decisions of the High Court Division and in the circumÂstances this appeal be dismissed on conÂtest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......ana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Roy Mohan Dey ........................................Appellant
Vs.
Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others............................................nd with Purna Chandra on 17.11.1942. 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...
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....also stated the same. The accused persons on dock repeated their innocence and declined to adduce evidence. 6. The learned Judge of the Tribunal on consideration of the evidence on record and the facts and circumstances of the case convicted and sentenced twelve accused persons and acquitted the......ted. Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 17 of 2008 (From the judgment and order dated 20th April, 2008 passed by the High Court Division in Death Reference No.85 of 2004 ......y P.W.14 Constable Khorshedul Alam, P.W.17 Constable Abu Taleb and P.W.20 S.I. Mofazzal Hossain for cross-examination, but the defence declined to cross-examine them. After closing of the prosecution evidence the accused persons on dock were examined under section 342 of the Code of Criminal Procedu..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: ......ent: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ratan Sikder alias Ratinnya alias Ratan Das and another.................. Petitioners Vs. The State... .............................Respon......transpires from the trend of cross-examination and suggestion put to the P.Ws., is that they have been falsely implicated in this case out of previous enmity and suspicion. 6. Considering all the evidence on record, the learned Judge of the Tribunal found the condemned accused persons guilty of ..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
.... a single judgment of the High Court Division, they were heard together and are disposed of by this single order, which will govern both the criminal petitions for leave to appeal. 3. The relevant facts of the case are as follows: The informant Nurul Amin lodged a First Information Report (FI...... Lawyers Involved: Zainul Abedin, Advocate on Record - For the Petitioner (In both the cases). No one - For Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 348 and 349 of 2009. (From the judgment and order dated 20th January, 2009 passed by the High Court D......e cross-examination by the defence and examination of the accused under section 342 of the Code of Criminal Procedure, the defence case appears to be one of innocence. 6. Upon consideration of the evidence and materials on record, the learned Additional Sessions Judge, 4th Court, Comilla convicte..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....d order dated 2nd February, 2009 of a Division Bench of the High Court Division in Criminal Appeal No.588 of 1989 at the instance of convict Pulin Mohajan. 2. The appeal arose out of the following facts: Khiroda Bala Mahajan, mother of the appellant was said to have been assassinated on 17th Augu......For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From the judgment and order dated 2.2.2009 passed by the High Court Division in Criminal Appeal No.588 of 1989.) Ju......d his mother and at one stage, he inflicted blows on her person with sharp cutting weapon who succumbed to the injuries. 4. Leave was granted to consider whether there are sufficient corroborating evidence in support of the charge against the appellant for the murder of Khiroda Bala Mahajan. Mr. ..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....cial mind in to the material evidence on record in reaching his conclusions. We get support of this view in the case of Abdul Malek Miah Vs. Maya Debi and others, reported in 1984 BCR (AD) 42. In the facts and circumstances of the case and the law bearing on the subject the impugned judgment is not ......oner Vs. Salenoor Begum………………Plaintiff Opposite Party Judgment June 26, 1997. Result: The Rule is made absolute. Case Referred to- Abdul Malek Miah Vs. Maya Debi and others, 1984 BCR (AD) 42. Lawyers Involved: Shahid Ahmed, Advocate - For the Petitioner. ...... Advocate appearing for the defendant petitioner, submits that the learned Senior Assistant Judge seriously erred in law in passing the impugned judgment without at all considering and discussing the evidence of any of the witnesses examined by the contending parties and the same has resulted in err..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....by the learned Senior Assistant Judge, Sadar Dinajpur, in Other Class Suit No.325 of 1986 whereby the plaint of the suit was rejected under Order 7 rule 11 of the Code of Civil Procedure. 2. Short facts necessary for the disposal of the Rule are: Opposite party Abdus Sattar as plaintiff insti......s. Abdus Sattar being dead his heir Momtaz Begum……………………….Opposite Party Judgment June 15, 1997. Result: The Rule is discharged. Cases Referred to- Golam Kader and others Vs. Abdul Khaleque Chowdhury and others, 43 DLR (AD) 107; Noor Banu Vs. Noor Mohammad and......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)
....dents to show cause why impugned Judgment (Annexure-J) dismissing the appeal of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, the petitioner are that Shaw Wallace Bangladesh Limited, is a priv......Present: KM Hasan J Md. Awlad Ali J Shaw Wallace Bangladesh Limited, represented by its Managing Director……………Petitioner Vs. Tofazzal Hossain son of late Abdul Kader, Dhaka and others………………Respondents Judgment August 18, 1997. Result: The Rule is m....... 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. ..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. ......ed in: 50 DLR (HCD) (1998) 19. ......s were then 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 aggr..Category: Criminal Law | Date: | Hits: 83
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