Search Options
Judgment Advanced Search
Displaying 3481-3500 of 4280 results.
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......n the appeal. Accordingly the appeal is dismissed without costs. Ed. ......Hossain's father Awlad Hossain died before her mother Zeon Bibi has not been established and as such plaintiff has right, title and interest in the land in suit, that the plaintiff by reliable evidence, both oral and documentary, has established her possession in the land in suit and t..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....ut also of the breach of section 18 in that the time limit was not observed. The holder of the power of attorney, however, must pay the prescribed penalty, or else the power of attorney will still be inadmissible in evidence. 31. It has been submitted by the learned Counsel for the respondent t...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......ttorney of Md. Sirajul Huq fails and if he takes up the plea that he was otherwise "duly authorised" in terms of the Articles of Association of the Company to sign the plaint then this is a matter of evidence. It is absolutely premature to hold at this stage that the plaint was not signed by a duly ..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......ars by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it, the learned Judges upon a consideration of the evidence adduced by the plaintiffs held that it was satisfactorily proved that MA Naser has not be..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......he appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......aintiff has produced not an agreement of sale but a receipt of earnest money, signed not by the owner but by her son. The basis of his suit is an oral agreement, not Ext. 4 which is only a supporting evidence. The defendants have no burden to prove their alternative story with regard to the creation..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... sentence of death and the condemned prisoners also preferred criminal appeal as aforesaid. 5. The High Court Division on consideration of the materials on record found that it is case of no evidence and the judgment and order of the conviction and sentence of accused Mofizuddin is not bas..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ...... 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ...... Hossain to cross-examine the P.Ws. Thereafter the court of Sessions, upon compliance of the direction of the High Court Division, allowed cross-examination and then having retried the case taking evidence afresh by judgment and order dated 17.11.1992 convicted the appellant under Section 302 of..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ...... provided under section 100 of the Code of Civil Procedure in setting aside the concurrent findings of the courts below without any finding that those were perverse or unreasonable or without any evidence. II. Because the High Court Division failed to notice a vital document, Ext. ..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......ed Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......n allowed the application in part section 1.52E(2) of Income Tax Ordinance 1984 provides that when the application is allowed, the Commission is required to examine the relevant records and other evidence, if any, and the order of the Commission shall provide the terms of settlement. The afo..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ...... appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......Tayebuddin Biswas was possessing the suit land. The contesting defendants are the heirs of Tayebuddin Biswas and they have been possessing the suit land for over 12 years. 4. Both parties adduced evidence both oral and documentary before the trial court and on consideration of the materials on r..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......The contesting defendants went on appeal. The appellate Court dismissed the suit upon reversing the judgment and decree of the trial Court on the findings that plaintiff did not establish by reliable evidence that the deeds in the name of Ali Ahmed Khandker and Wali Mohammad Siddiqi were forged and ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
...., if any. 5. Mr. Abdur Rob-I, the learned Counsel appearing for the petitioners submitted that High Court Division relying on the letters dated 28.1.2003, 29.1.2003 and 30.1.2003 which are inadmissible papers being fake, false, forged, fraudulent, fabricated and collusive documents creat...... The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......f this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......he interests of the appellant. 8. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate opposed the appeal contending, inter-alia, that the trial court considered the facts and circumstances and evidence on record including written statement of the contesting defendant who contested the suit. ..Category: Property Law | Date: | Hits: 40
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......he Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......report stating that there was in fact a serious disturbance created by some miscreants in the centre. The appellant contested the election petition. The tribunal on consideration of the facts and evidence of the case, by its judgment dated 22.8.89, declared the election of the appellant void u..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....ffence of murder under section 302 of the Penal Code. 33. Mr. Jamiruddin Sircar, learned advocate appearing for the appellant, primarily submits that the dying declaration as made in the case is inadmissible in evidence and, at any rate, the same has got little probative value as it suffers fro......ant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he occurrence and nothing happened during the day which might have something to do with the alleged murder. In a case of this nature based only -upon the dying declaration there should have been some evidence of motive although motive may not be proved in cases of direct evidence or as an ingredient..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......eason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......lip;………………… 7. It is true there is no eye witnesses to the occurrence. The High Court Division it appears considering the circumstantial evidence of the case, the extra judicial confession and judicial confession of the condemned prison..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......e appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ...... the suit making untrue statements as well as on the basis of manufactured papers and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the findings that no evidence has been lead from the defendants' side to discard the evidence produced from the plaintif..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......4.1985 they served notice upon both parties who duly appeared and submitted written statements and other necessary papers and documents in support of their respective claim. They have also adduced evidence and perusing the necessary papers they passed the award and executed and registered the sa..Category: Property Law | Date: | Hits: 41
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ...... The petitioner is directed to make the appeal for expeditious hearing. Ed. ......eral other officers were present in the room of the enquiry officer and he was asked to cross-examine Mr. Jabbar and others in presence of all other officers. He was not allowed to adduce evidence in support of his case. The petitioner made prayer to the respondent for changing inquiry..Category: Employment/Service Law | Date: | Hits: 91
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
....Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......t Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......made the rule absolute as stated above. 3. The learned counsel for the petitioners submits that the ascertainment of possession is a judicial act which has to be ascertained by the court upon evidence and an Advocate Commissioner is not competent to ascertain possession and the High Court ..Category: Civil Law | Date: | Hits: 116
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......e High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......ed Advocate-on-record and perused the materials in the paper book. The learned Advocate-on-record could not point out that the finding arrived at by the High Court Division placing reliance on the evidence of P.W.1 and Ext.4 that pre-emptor on the death of his father inherited 6 decimals of land..Category: Property Law | Date: | Hits: 24
22762275227222712270226922682266226422632262226022522251224722462243223922312230