Judgment search - Chancery Law Chronicles

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Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... DLR (AD) (2002) 106. ...... 6, 2002. The Evidence Act, 1872 (I of 1872), Section 115 Recital in the document of sufficiently older period can be considered as clear evidence of representation made therein as enquiry for establishing truth of the same is impossible..

Category: Property Law | Date: | Hits: 47

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......LR (AD) (2002) 101. ......34 of the Penal Code. The petitioner and the others who were in the dock pleaded not guilty and claimed to be tried. 6. The Court of Sessions Judge on consideration of the evidence both oral and documentary convicted and sentenced the accused persons as mentioned hereina..

Category: Criminal Law | Date: | Hits: 76

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......elow decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......ndings of fact the Courts below only on the ground of error of law resulting in an error in the decision occasioning failure of justice. The findings of the Courts below based on consideration of the evidence on record is not liable to be interfered with in revision. The revisional power exercised b..

Category: Tenancy Law | Date: | Hits: 76

Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)

.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......ngly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......e time he also got information that on the previous night his son-in-law, who is the petitioner hereafter, committing murder got the dead body of Sabila hanged with a Mango tree for concealing the evidence. On getting this report the police took up inquiry and visited the house of the convict he..

Category: Criminal Law | Date: | Hits: 52

Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)

....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......8 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......same merely on an application filed by the plaintiff-respondents for amendment of the plaint and in remanding the case back to the trial Court to fill in the lacuna in the pleadings and to lead fresh evidence by the plaintiffs which opportunity cannot be granted to them to the prejudice of the defen..

Category: Procedural Law | Date: | Hits: 114

Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)

.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......AD) (2002) 69. ......arties and the appellate Court found that the names of the three brothers or their predecessors have not been recorded in the record of right and the alleged settlement has not been proved by legal evidence. The finding of fact arrived at by the lower appellate Court was concurred by the High Cou..

Category: Property Law | Date: | Hits: 43

State Vs. Monu Miah and others, 2001, 30 CLC (AD)

....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......r infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......�…………………………. Respondents Judgment August 16, 2001. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898) Section 342 Incriminating evidence or circumstances sought to be proved by the prosecution must be put to the accused during e..

Category: Criminal Law | Date: | Hits: 59

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......so Reported in: 54 DLR (AD) (2002) 36. ......t manner when the incorporation is incomplete. Section 25 of the Companies Act provides that a certificate of incorporation given by the Registrar in respect of any Association shall be conclusive evidence that all the requirements of this Act in respect of registration and of matters precedents..

Category: Constitutional Law | Date: | Hits: 199

Osman Gani Vs. State, 2002, 31 CLC (AD)

.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J &......t 18, 1999. The Penal Code, 1860 (XLV of 1860) Section 304 Circumstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved ..

Category: Criminal Law | Date: | Hits: 55

State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)

.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......st issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......odily injury as was likely to cause death and, in fact, the death was caused and injury caused by other respondent Jahidul Hoque alias Jaju was not on the vital part of Bakul Bibi and as there was no evidence that he knew about the pregnancy of Bakul Bibi he committed an offence under section 304, p..

Category: Criminal Law | Date: | Hits: 55

Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)

....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......esult, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......lastly submits that the plaintiffs-respondents could not prove their case so as to get a decree in a simple suit for ejection of monthly tenant. It is well settled that when both the parties have led evidence question of onus is out of place and matter is to be decided on the evidence led by the par..

Category: Tenancy Law | Date: | Hits: 70

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......so Reported in: 54 DLR (AD) (2002) 14. ...... There is no scope in the writ petition to decide disputed question of ownership of the parties in the land in question which should be left to be decided by the civil court after consideration of evidence if it is so desired by the writ petitioners……………&hellip..

Category: Property Law | Date: | Hits: 43

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......ent No. 1 in Miscellaneous Case No. XIII-6/1977-78 is illegal, void, without jurisdiction and is of no legal effect and not binding upon the petitioner. 3. The learned Subordinate Judge on taking evidence by his judgment dated 12-9-1983 dismissed the suit. The petitioner then preferred Other Cla..

Category: Procedural Law | Date: | Hits: 121

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......terference. The petition is, therefore, dismissed. Ed. ......t not to have inflicted major penalty as has been meted out to the petitioner. 7. He further submits that the lower appellate court being the final court of fact, on proper appreciation of evidence found that the action of the respondent inflicting major penalty upon the petitioner for h..

Category: Employment/Service Law | Date: | Hits: 78

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ...... suit expeditiously. There is no order as to costs. Ed. ......ertificate Case No. 1723/63-64. Along with other contentions of the plaintiff the contention as to Certificate Case number was required to be adjudicated by the civil Court on consideration of the evidence that would be adduced by the parties as regard that vital contention. 18. As stat..

Category: Civil Law | Date: | Hits: 77

Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....d from this point also the suit land could not be enlisted as enemy property. The trial court took into consideration inquiry report without examining the Magistrate which was not legal and it was inadmissible evidence. It also appears that the homestead of Monitara has not been declared enemy p......the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ......d Counsel for the petitioner and perused the record. 5. It appears that the first order was passed on 09.07.1970 in the lease Case No. XII-E-129/1969-70. It farther appears that there was no evidence to show that census list was produced before the Court to substantiate that property in s..

Category: Property Law | Date: | Hits: 51

Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)

....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed....... find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......d the revision award case……(10) The value fixed by the Arbitrator has not been revised on appeal by the Arbitration Appellate Tribunal or by the Superior Court on consideration of the material evidence. So, no error was committed by the High Court Division in not sending back the Appeal to th..

Category: Property Law | Date: | Hits: 58

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......dul Baqi vs. Government of Bangladesh, 4 BLC (AD) 213. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, (Faisal H. Khan, Assistant Attorney General with him), instructed by Md. Ahsanullah Patwary, Advocate-on-Record- For the Appellants ......judgment and order dated 15.9.1998. The Administrative Tribunal disposed of the case on merit discussing all the material facts necessary for proper adjudication. The said Tribunal observed that no evidence was there to establish any of the allegations labelled against the respondent mentioned in..

Category: Administrative Law | Date: | Hits: 124

Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)

....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......e allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......ther and the accuseds are very near relatives. We cannot consider the defence case sitting under section 561A of the Code of Criminal Procedure. The truth will come out in the trial after adducing of evidence by the parties in the trial Court. However, from our meticulous reading of the petition of ..

Category: Criminal Law | Date: | Hits: 50

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......y the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ...... the basis of the decree obtained in the Artha Rin Adalat Case and that property of the appellant sold in the execution case were legally done are to be established by the Respondent No.2 through the evidence, both oral and documentary, from Rangpur. So considering the convenience of the Respondent ..

Category: Civil Law | Date: | Hits: 130

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