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Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....the first Court does not merge in that of the Court of appeal. The question whether the decree of the first Court of first instance has merged into that of the Court of appeal will depend upon the facts of each case. The proviso to the rule has taken care where the decree is of such a nature tha......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Wasiq Khan..……....Appellant Vs. Md. Sabiq Khan and others....…….Respondents Judgment July 5, 1978. Cases Referred to- 19 DLR (D...... scope in Order 9, rule 13 of the Code of Civil Procedure is larger than that of appeal because the remedies are distinct as has been rightly contended by Mr. Pal, the learned Counsel. In one case evidence is to be led on the point of non-service of summons or absence due to sufficient reasons, ..Category: Procedural Law | Date: | Hits: 80
....bodily injury as was likely to cause death. He has also pointed out that the learned Judges nowhere said that any of the exceptions enumerated under section 300 of the Penal Code was attracted to the facts of this case."
5. In such a state of the finding of the learned Judges, the learned Deputy ......ttorney-General, instructed by A. Backkar, Advocate-on-record - For the Appellant.
M. Behter Ali, Advocate-on-Record - For the Respondent.
Criminal Appeal No. 13 of 1977.
(From the Judgment and order dated 13-9-1977 by the High Court of Bangladesh in Criminal Appeal No. 285 of 1970).
Ju......sain (deceased) was engaged in an altercation with accused Siddique Ahmed, and two others. Tafazzal Hossain asked them why they were beating his tin roof. In reply they said, why he was going to give evidence against them in the paddy cutting case brought by Siddique Ali. The accused persons however..
Category: Criminal Law | Date: | Hits: 74
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....he Petition for Leave to Appeal is directed against the order dated the 23th day of September, 2007 passed by the High Court Division in Writ petition No. 1706 of 2005 discharging the Rule. 2. The facts of the case, in short, are that the petitioner filed an application on 20-10-2003 before the C......sion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Chittagong Container Transportation Company...................Petitioner Vs. Bangladesh and others......................................................Respondents Judgment July 12,...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....udgment delivered by my brother ABM Khairul Haque J. ABM Khairul Haque J.- This appeal is in respect of ejectment of a monthly tenant and for realisation of arrear rent and compensation. 4. The facts leading to the filing of this appeal are that Alhaj Sadequr Rahman Chowdhury instituted a suit......sion (Civil) Present: Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Monjur Morshed Chowdhury (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another.............................er used to accept as and when necessary, that the plea of reconstruction of the house is not correct. That on those grounds, the suit is liable to be dismissed. 5. The learned Assistant Judge, on evidence, found that the notice under section 106 of the Transfer of Property Act, was duly served u..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....proach to test the genuineness of the solenama. The settlement of Mr. Karim is difficult to accept. When a question of fraud of collusion is raised, it is a question of fact and is dependent upon the facts and circumstances of a particular case, and no hard and fast rule can be laid down. The learne......petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......of the donor who has signed the instrument, as well as the fact of execution. It is for this reason that the presumption under the section, unless rebutted stands, and the document can be admitted in evidence as a document executed by the person alleged to have executed it, without any further proof..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....Act, 1994 against an order dated 17-2-1999 of the subordinate, 5th Court at Dhaka rejecting its plaint in Title Suit No.30 of 1999 on a finding that the suit as framed was not maintainable. 2. The facts which are not disputed are that, deceased Rafiqul Islam insured his life for Taka 200000.00 wi...... Ed. This Case is also Reported in: 52 DLR (2000) 666. ......ising under a policy of life insurance assuring a sum not exceeding five thousand Taka may be referred to the Controller of Insurance and the Controller may, after hearing the parties and taking such evidence as he may, in his absolute discretion, consider necessary, settle the dispute Under sub-sec..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....he impugned Circular and actions of the respondents in not cancelling the impugned resolutions should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts, in short, are that, the petitioner was elected to the office of the President, Chittagong Cha...... High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Kamaluddin Ahmed...............Petitioner Vs. Director of Trade Organisations and others................Respondents Judgment July 25, 2000. Case Referred To- Banglade......terpolation by the applicants. Copies of the previous attendance sheets which are used by the CCCI showing attendance of the directors and a copy of the attendance sheet which is fabricated to use as evidence of service of notice are annexed as Annexures-1, 2 and 3 to the affidavit-in-opposition ent..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....aid election results of the Senate of the Registered Graduates of Dhaka University should not be declared to have been made illegally and without lawful authority and is of no legal effect. 2. The facts, in short, are that, the petitioners, as Registered Graduates of Dhaka University, took part i......in: 52 DLR (2000) 650. ......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....es, the plaintiff adduced the documents which were marked as exhibits 1 to 12 while the documents adduced by the defendants were marked as exhibits ‘Ka’ to ‘Ga’. 9. On consideration of the facts and circumstances of the case and the evidence on record, the trial Court held, inter alia, th...... July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insurance, 1906 AC 336; P Samuel Company Vs. DUMAS, 1924 AC 431; Portavan Cinema ......h were marked as exhibits 1 to 12 while the documents adduced by the defendants were marked as exhibits ‘Ka’ to ‘Ga’. 9. On consideration of the facts and circumstances of the case and the evidence on record, the trial Court held, inter alia, that (a) the suit as framed is not barred b..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... corresponding to February, 1979 and the cause of action arose from February, 1979 and the suit having been filed on 21-1-1982, the suit is very much within time and the trial Court misconceiving the facts and the law relating to the cause of action and the point of limitation arrived at a wrong dec......y order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......d document and that Guru Das Halder and others did never execute any kabala in favour of the father of the plaintiff. 4. The trial Court framed proper issues in the suit and upon assessment of the evidence added by the parties that the suit is barred by limitation stating that the plaintiff has a..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......f the suit and the amount of interest. Ed. This Case is also Reported in: ......te with Ms. Aziz Ul-Mawa, Advocate-For the Plaintiff. No one appears-For the defendant. Admiralty Suit No. 01 of 1990. Judgment AFM Abdur Rahman J. - This Suit has been heard upon taking evidenced of the Parties and now disposed of by this judgment. 2. This Admiralty Suit has been i..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....ischarge port since the vessel has to pass an ocean from where the same may face enormous hazard including act of god/peril of sea/accident or mechanical trouble. In the instant case the statement of facts of the deck log book will reveal that there was no unreasonable delay or any delay for the ves.............…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocea...... documents from the consignee Sonali Bank which was issued for the purpose of Customs assessment and not for the clearance of the goods, which has been exhibited as exhibit No. 2 series. But from the evidence on record it appears that upon a LIM account maintained in favour of the plaintiff by the S..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......cellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Tamima Akhter (Mitu)…………………………………Petitioner Vs. The Deputy Commissioner, Joypurhat and others.…………Opposite parties Judgment March 21, 2011. Lawyers Involved: Zakir......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ....... Zahida Khatun, Advocate-For the appellant. Bashir Ahmed, Assistant Attorney General - For the respondent. Criminal Appeal No. 4497 of 2007. Judgment AKM Asaduzzaman J. - By the judgment and order dated 02.08.2007 passed by the learned Nari-O-Shishu Niarjatan Daman Tribunal No. 2, Lalmo...... 11. The learned Assistant Attorney General appearing for the opposite party opposed the appeal and submits that the trial court has rightly convicted and sentenced him on proper assessment of the evidences on record and there is nothing to interfere in the impugned judgment and as such the appea..Category: Criminal Law | Date: | Hits: 60
Md. Ayub and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ...... - I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 48
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....s pointed out by the learned Advocate, are also not of any material character. We therefore, do not find any substance in the said submission. 37. In view of the discussion made above and from the facts and circumstances and evidence on record we are led to the irresistible conclusion that there ......earned Sessions Judge, Natore in Sessions Case No.6 of 1994 in confirmation of the sentence of death imposed upon condemned prisoner Md. Khosbar Ali convicting him under section 302 of the Penal Code and sentencing him thereunder to death by the judgment and order dated 2-9-1997. 2. The condemned......ed that he did not prepare the sketch map afresh or did not record the statement of witnesses whose statements were already recorded by the previous Investigating Officer. 27. This is in brief the evidence produced by the prosecution. 28. The accused was examined under section 342 of the Code ..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....ed by the defendant Nos. 1 and 2 and a notice was issued for evicting the tenants but other terms and conditions of the tender notice remained unfulfilled. So, in such a situation we hold that in the facts and circumstances of the present case it cannot be called a concluded contract, rather the ten......ion (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J United Commercial Bank Ltd……………Defendant-Appellant Vs. Rahimafrooz Batteries Ltd. and others……………….Plaintiff-Respondents Judgment February 23, 2000. Case Referre......o purchase the suit property over the defendant No. 3 at the price offered by the highest tenderer and whether the plaintiff is entitled to any other relief or reliefs. 8. Considering the material evidence on record and hearing the parties the trial Court decreed the suit in favour of the plainti..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....e vessel, MV Kadam Rasul belonging to the petitioner by the respondent Bangladesh Shilpa Bank vide Annexure ‘F’ be not declared to have been done illegally and without lawful authority. 2. The facts, in brief, are that the petitioner is a registered Private Company and it carries on business ...... Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
.... the execution of the plaintiff’s title deed by the defendant No.2, Samala Bibi, upon receiving the valuable consideration of Tk. 80,000.00, the finding of the Appellate Court is not tenable on the facts and circumstances of the case. 13. The learned Senior Counsel Mr. Taimur Alam Khandaker fu...... Pashi Bazar, Police Station-Rupgonj, District-Narayangonj................Opposite Party Judgment March 9, 2010. Result: The Rue is made absolute. Lawyers Involved: Taimur Alam Khandaker, Advocate with Nur Mohammad Miah, Advocate-For the Petitioner. AKM Zahirul Hoque, Advoca...... and possessing the same. These claim of the plaintiff has to be proved by the cogent witnesses in order to get the decree as prayed for. It appears that the learned Trial Judge while considering the evidence of P.W.2 and P.W.3 came to the finding that these two witnesses being the attesting witness..Category: Property Law | Date: | Hits: 74
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....on 342 of the Code of Criminal Procedure did not disclose any other hypothesis, or explain any cause of the death of his wife. It gives clear indication of his involvement in the occurrence under the facts and circumstances of the present case. 9. By now it is well settled principle of criminal l......e appellant. Shah Abdul Hatem, Assistant Attorney General. – For the respondent. Criminal Appeal No.2048 of 1993. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 29.9.1993 passed by the Sessions Judge, Brahmanbaria in Session Case No.60 of 1993 c......ne appeared. Today it has been taken up for hearing, still no one has appeared to press the appeal. In view of long pendency of the appeal, we have taken it up for disposal. 7. We have perused the evidence and other materials on records, the inquest and post mortem report, and have gone through t..Category: Criminal Law | Date: | Hits: 58
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