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M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......urisdiction) Present: AFM Abdur Rahman J M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor......ted 28.4.1983 15. The parties cross-examined the respective other side witnesses at length and the learned Advocates appearing on behalf of the parties summarized and assessed the entire evidence before this Court at the time of argument. 16. The learned Advocate Mr. M. B. Taj Moham..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......esses. After the prosecution was closed, the learned Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, and declined to adduce any evidence in defense. The defense case, as it transpires from the trend of cross-examination that the..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......re released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......ge examined the appellants under section 342 of the Code of Criminal Procedure, to which they reiterated their innocence and examined five witnesses in defense. The defense case as it transpires from evidence of the defense witnesses as well as from the trend of cross-examination that the appellants..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ...... Send down the lower Court records. Ed. This Case is also Reported in: ......ed with trial. The plaintiffs in order to prove their case cited three witnesses, namely, plaintiff No.1 Md. Jahir Uddin as P.W.1, one Abdul Khaleque as P.W.2 and Mafiz Uddin as P.W.3 and adduced in evidence the R.S. Khatian Nos. 173 and 174 marked exhibit-1 series; a letter issued from office of t..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......his order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......ge could not read over to the appellant ATM Qumruzzaman Khan as he was absconding. 5. In this case prosecution examined as many as 10 witnesses and defence examined none. On closing of the evidence of the prosecution the convict appellant Md. Atiq Ullah Khan Masud was examined under secti..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......e in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t No.1. 3. The learned advocate appearing for the appellant on drawing our attention to the factual aspect of the case submits that the investigation officer during investigation considering the evidence of the victim as well as medical report and other evidences found no prima facie case again..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......nce, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......r the inherent infirmity of the prosecution witnesses and came erroneous finding in convicting the appellant and the victim P.W.1 disclosed about the occurrence after a long laps of time and from the evidence of P.W.1 it is clear that she willingly had sexual intercourse with the appellant and as ..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ...... Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......aw money from HRC Case No. 224 of 1983? 5) Whether the plaintiff is entitled to get a decree as prayed for? 6. Both the parties examined witness and their documents were admitted into evidence. 7. The learned Subordinate Judge by the impugned judgment and decree dated 2-11-1996 ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......ce this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......951. So the sole question arose for determination in this suit was which of these 2 kabalas of the contesting parties was valid. 9. The trial court, on consideration of the facts, circumstances and evidence came before it found that the plaintiffs' alleged kabala in the name of Sirajul Islam was v..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......d. Yusuf Ali and others…………………….Opposite Parties Judgment March 20, 2011. Lawyers Involved: Joya Bhattacharjee, Advocate-For the petitioner. Sk. Forhadul Haque, appearing for Md. Abdul Jabber, Advocate-For opposite party No.1. Civil Revision No. 3904 of 2001. J......hat the preemptor was a co-sharer in the case land. 4. On the aforesaid pleadings, the trial Court framed the issues and proceeded with trial. Both the parties examined their witnesses and adduced evidence to prove their respective cases. After conclusion of trial, the learned Assistant Judge fou..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......sult, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ...... cause death making them punishable under sections 302/34 of the Penal Code……………… (30) The confessional statement can not be treated as a valid piece of evidence either to convict its maker or to corroborate any other evidence as non-compliance of the v..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....peal is thus disposed of with the above observations and direction. Communicate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......icate this order to the Artha Rin Adalat concerned at once. Ed. This Case is also Reported in: VIII ADC (2011) 424. ......dalat Ain, 2003 has clearly stated that a Artha Rin Suit has to be filed by presentation of plaint accompanied by an affidavit in support of the averments of the plaint and the relevant documentary evidence and also ad valorem court fee. The very language of the above quoted sub-section (2) of sec..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......r case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......thout jurisdiction and the conviction and sentence is liable to be set aside and quashed. He further submits that the prosecution has miserably failed to prove the place of occurrence by adducing any evidence and accordingly the impugned conviction also can be said to be passed basing of no sufficie..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......cord at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......e suit property. The case of the present opposite party No.1 is false and liable to be dismissed. 4. The learned Assistant Judge, Singair, Manikganj after hearing the parties and considering the evidence on record allowed the said miscellaneous case and setting aside the order of auction date..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......ted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......ferred the instant appeal. 9. The learned advocate appearing for the appellants on drawing our attention to the deposition of the prosecution witnesses submits that this is absolutely a case of no evidence and the trial court convicted the appellants on mere surmises and conjecture, which is liab..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
....ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......of the tender file which were marked as Exhibits-1 series, in the instant case the High Court Division elaborately discussed the relevant provisions of law as to the admissibility of documentary evidence. The photocopies of some documents of the tender file are secondary evidence. Admissib..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
...... dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......dents
Judgment
February 17, 2011.
Result:
The petition is dismissed.
When additional evidence sought to be adduced.
It is well established that Order XL, rule 27, CPC does not conf..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......ed. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......of the objection. Objection regarding the ownership or possession of land or of any interest in land shall be decided summarily by the Revenue-Officer. The record shall contain a brief summary of the evidence taken and an abstract of the reasons for the decision. Objections shall not be disposed of ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......Vs. Momtaz Zafar Ahmed and Others…………………..Respondent Judgment February 9, 2011 Result: The Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate ......r did not mention any case being Artha Rin Case No. 771 of 2004 in the body of the plaint and no relief was sought for against the judgment and decree of the Artha Rin case and as such without taking evidence there is no legal scope at all to decide the question whether the suit is barred by section..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895.......on of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895.......tion 342 of the Code of Criminal Procedure irrespective of the fact whether she offers to produce defence or not. The examination must precede the stage when the accused is required to adduce defence evidence. The section is based on the principle involved in the maxim "audi alteram paterm" namely t..Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
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