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Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......; Vs. ARM Mustanesar Billah & others.......Respondents Judgment February 13th, 1970. Cases Resferred- Shankhta Shukul vs Sm Govindi Devi AIR 1950 All. 693; Ham Din and another vs Buta, minor through Musammat Mahedan and anothe......tion to the said point as it really involved a question of law in the facts and circumstances of the case. The learned Subordinate Judge, of course, held after careful consideration of the material evidence, facts and circumstances of the case and with reference to certain decisions that the plai..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......d. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......the offence. 5. 24 witnesses for the prosecution and none for the defence were examined in the case. The opinion of the assessors was divided. The learned Additional Sessions Judge considering the evidence and materials on records convicted the accused on both counts and sentenced him to death un..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......ecovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......on that the defendants is true and, as such, the plaintiff is not entitled either to the decree or to the compensation. 3. Both the panics went on trial and the trial Court on consideration of the evidence decreed the suit. The learned Subordinate Judge, 1st Court, Comilla on an appeal reversed t..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......ing the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......ruddin on the night following 29th Bhadra, 1371 BS corresponding to 15th September, 1964 in the house of his father-in-law, Tofa Mohammad is not disputed. His death has been proved by overwhelming evidence of local PWs 3, 4, 8, 9, 10 and 13 and by the evidence of PW 12 SI of Police who held the ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......nbsp; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja......n 5 of section 5 of the Bengal Tenancy Act is a weaker presumption than the presumption that attaches to the entry in the finally published record-of-rights. Where the lower appellate Court had evidence before it to come to a finding that the presumption under sub-section 5 of section 5 of t..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......y prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......in the house of DW 1 Yasin Sheik and that his wife Maleka Khatun was murdered on the date of occurrence as alleged by the prosecution had hardly been disputed. Besides, there are other overwhelming evidence to prove these facts. 7. The prosecution case rests upon the evidence of two eye-w..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......3 DLR 70, Bharat Bhandhu Chattopadhya vs. Ranendra Kumar Dutta and others 70 CLJ 370; Halimunnessa vs. Hemendra Kumar Roy Chowdhury and others 12 DLR 448. Lawyers Involved: M H Khandker, Salauddin Ahmed. B K Das-For the Petitioner. Ahmed Sobhan. Md. Ruhul Amin-For Respondents 1 & 2. ......vour of the plaintiffs did not create any title in their favour and, as such, the plaintiffs were not entitled to a decree in the suit. 4. The Courts below, after considering the pleadings and the evidence on record, found that the plaintiffs have been in possession of the suit property from the ..Category: Civil Law | Date: | Hits: 137
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ......this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ......t. It is also submitted that the learned Magistrate is not right in observing that it was admitted before him that the site of the wall under construction fell within the limits of the port, since no evidence was led before him. It is true that none deposed on oath before the learned Magistrate. ..Category: Others | Date: | Hits: 162
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......hellip;.. Respondent Judgment November 13, 1997. The Code of Civil Procedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ten years which the defendants failed to bring before the court so long. T......-holder Bank opposed the prayer for restoration. 3. The learned Subordinate Judge while dismissing the Misc. case, by order dated 19-1-89 observed that the defendants failed to prove by any evidence, i.e., passport, visa etc. that at the relevant time defendant No. 2 and his wife defendan..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......;..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay……......formal application must be filed as a matter of inflexible rule on pain of dismissal of the main application itself. If the main application contains the entire facts or reasons for the delay; if evidence has been given both in favour and in rebuttal of the same, then there remains nothing f..Category: Property Law | Date: | Hits: 72
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......ip;…………………..Respondents Judgment December 3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which req......3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Cou..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......ip;………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ordinance, 1983 (LI of 1983), Section 29(4) The Code of Civil Procedure, 1908 (V of 1908), Sec......ise of revisional authority under section 115 CPC the revisional Court is not empowered to interfere with the finding of fact arrived at by the subordinate Court or Tribunal upon re-appreciation of evidence unless there has been non-consideration or gross misreading of evidence by the Subordinat..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills ......graph 14A of the plaint quoted above plaintiff has the cause of action to challenge the impugned action of the BSRS and whether the allegations are true or not can only be decided on the basis of the evidence to be adduced in the suit and if the allegations are found false, then the suit will be dis..Category: Property Law | Date: | Hits: 77
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sabita Dutta ……………………….Petitioner Vs. Manager, Cinema Palace Chittagong and another……......................... Respondent Jud......he cinema hall. Hence the petitioner was retrenched after giving her lawful dues. 4. Before the Labour Court respondent No.1 did not appear. Consequently the Labour Court after taking the evidence of the petitioner allowed the case. Subsequent thereto, respondent No.1 filed an applicati..Category: Labour and Industrial Law | Date: | Hits: 94
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......r & others………………………... Respondents Judgment April 11, 1999. The Evidence Act, 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relati...... April 11, 1999. The Evidence Act, 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Inv..Category: Tenancy Law | Date: | Hits: 62
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......;………………………. Appellant Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents ......s the conduct of the petitioner was unfair as without prior permission of the authority the petitioner remained absent from his duty and further he could not substantiate by producing any material evidence that he was suffering from serious illness. In the facts of the present case although the ..Category: Administrative Law | Date: | Hits: 144
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......actory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ...... of Act II of 1947. Accordingly, the accused Minhazuddin was charged at the trial but he pleaded not guilty. Prosecution examined 5 witnesses and the defence examined none. On consideration of the evidence on record, the trial Court held the accused- respondent guilty of the charges as leveled a..Category: Criminal Law | Date: | Hits: 59
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......) 17. ......gment May 15, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The revisional court in appropriate cases may consider additional evidence. Joining an illegal strike by the respondent has not been proved. All the courts below in a..Category: Employment/Service Law | Date: | Hits: 98
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......on. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......4. He submits that in view of the acquittal of the accused petitioners in the connected cases arising out of same occurrence the petitioners are entitled to a closer and deeper appreciation of the evidence on record especially with an eye to seeing as to whether any arms and ammunition were reco..Category: Criminal Law | Date: | Hits: 54
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ...... Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ...... Judgment August 11, 1998. The Penal Code, 1860 (XLV of 1860) Section 302 Motive The prosecution is not bound to prove motive. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. The Court will see ..Category: Criminal Law | Date: | Hits: 80
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