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Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....nd the Assistant Secretary of the Ministry of Law, Justice and Parliamentary Affairs as well as by the added respondents who are facing trial in the aforementioned Sessions Case by reiterating the statements made by respondent Nos. 1 and 2 in their affidavit‑in‑opposition. ......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....used persons upon conducting the hearing of the Sessions Case by Advocate Mr. Khandker Abdul Mannan, a partisan lawyer. Statements so made on their face value can hardly be accepted since whatever statements have been made in making out a case that Advocate Mr. Khandker Abdul Mannan is a partisa...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
....e Act referring to such disputes as wide an import as reasonably possible........."
(the underlinings are mine).
From the above mentioned quotations from the Banerjj's case and the statements made in para-159 of the Bangalore Water Supply case we understand and appreciate the anxi......ble properties of the value of about Rs. 67 lac from which an income of Rs. 4 lac accrues a year. 'It was urged that the Club in thus constructing buildings for the purpose of earning income from rents payable by business concerns, to whom those premises are let out is carrying on an activity wh..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
.... contract as claimed by the plaintiff is genuine and enforceable in law. After the order was passed allowing addition opposite party No.4 along with opposite party Nos.1 and 2 submitted joint written statements denying the case of the plaintiff. 13. In the circumstances and in view of legal pos......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......ection 53 of the Transfer of Property Act and within the meaning of the section the term "creditor" is a person to whom a debt is due, and that is why a landlord is a creditor in respect of rents due from his tenant, See Nagendra Vs. Satadal, 26 Cal 536. 24. I have given the backgroun..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....eed of dowry has been demanding dowry to him (PW 1). The Bishesh Adalat has misconstrued the statement of PW 1. On a plain reading of the testimony of PW 1 along with that of PW 9, we find that their statements that the condemned prisoner has killed his wife for dowry are hearsay evidence. Sub‑sec...... person of the victim, that the medical evidence proved that victim Shafali Begum died due to injuries which were ante mortem and homicidal in nature, that the condemned prisoner did not inform the parents of Shafali Begum or to the local police after the incident, that the evidence on record did no..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ahman as tenant by the Government landlord. Moreover, the Government, in its affidavit‑in‑opposition, also specifically claimed that it had inducted late Shamsur Rahman as its tenant and received rents from him and therefore, the Government is under legal obligation to restore the vacant possess..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....aid bare that she laid strike on throat of Tipu Sultan with spade. 20. P.W.13 Md. Abdul Aziz performed Investigation partially. He inspected place of occurrence, prepared map and index, recorded statements of witnesses under section 161 of the Code of Criminal Procedure, seized alamats and prep......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....of wrong record the plaintiffs were constrained to bring the suit. 3. The defendant Nos. 1‑3, 4‑12 and 13‑16 contested the suit by filing three separate sets of written statements. They denied the material allegations made in the plaint. The case of defendant Nos. 1......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....as a note that Nazrul was sent to Mymensingh for treatment on 19-4‑98. She denied the defence suggestion that Nazrul was mad and that he made the statement without understanding the contents of his statements. 12. P.W.7 Dr. Mohammad Ismail Hossain stated that on 15‑2‑ 98 he performed the ...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....ের জন্য মারপিট করে জামাই শামীমাকে মেরে ফেলেছে।” 7. Therefore, we find that all the witnesses make similar nature of statements which are hearsay evidence. We find that none of them are eyewitnesses of the occurrenc......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....ding the confessional statement of the condemned prisoner the witness has not complied with the provision of law. It has also been submitted by the learned Counsel for the condemned prisoner that the statements of the witnesses under section 161 of the Code of Criminal Procedure was recorded after l......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....the Labour Court is not a speaking one, although the Labour Court disposed of the case ex parte but it has not discussed the evidence of the respondent No.2 and the Labour Court did not discuss statements made in the written statement and, also did not discuss about the enquiry report. The L......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....he defendant No. 1, herein the appellant and the defendant No. 2, Deputy Custodian of Vested Property as well as by the defendant No. 5 (Respondent No. 6 herein) by filing separate sets of written statements. The case of the contesting defendant Nos. 1 and 2 was that plaintiffs had no causes of ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
.... 10. From the above, we find that section 80 relates to presumption as to documents produced as record of evidence. The section itself does not deal with the admissibility of the evidence of statements as referred to in the section but deals with presumption as to such documents. Only ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....11‑2001 the petitioner as informant lodged a FIR with Daudkandi Police Station alleging that on 20‑10‑2001 he, his wife and other members of his family went to Daudkandi police station to make statements in an arson case (registered as GR case No. 229/01) against the accused persons leaving h......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....al in this case is quoted below: "(4) The Magistrate shall then, Without reference to the merits or the claims of any of such parties to a right to possess the subject of dispute, pursue the statements so put in, hear the parties, receive all such evidence as may be produced by them respec......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....o.2 and 3 as Defendant nos.2 and 3 and Respondent No.13 as added defendant No.13 put up resistance in the suit and traversed allegations mounted against them on presentation of three separate written statements. 7. Essence of statements embodied in three sets of written statements are: a. Suit......d on the other hand, Defendants-Respondents through evidences, oral and documentary, proved possession of Defendants over suit property. Defendants got their names mutated in Record of Right and paid rents and rent receipts are evidences of possession of Defendants. iii. Suit was barred by limita..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....e arrear rent of the building at the new rate first, then after completion of repairing works you are advised to come forward to execute a lease agreement with us at an early date." 13. The statements "temporary yearly rent" and "You are advised to come forward to execute a ......efaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to eject a tenant. From their own averments the defendants are habitual defaulters for not paying rents for the year 1385‑1386 BS. The Court of appeal below further found that the suit premises is..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... as such, the present Case was started. 3. Police took up investigation, visited the place of occurrence, prepared sketch-map with separate index thereof, examined the witnesses and recorded their statements under section 164 of the Code of Criminal Procedure, produced the victim before competent...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
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