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Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......ce. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......hey went to depose but the accused-petitioners threatened them with dire consequences if they again go to Barisal to depose in the case and they also threatened the local eye witnesses not to give evidence. 4. Before the High Court Division the Rule was opposed by the accused-petitioners..Category: Criminal Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ...... Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner V...... of money for purchasing and taking settlement of the disputed land, custody of the documents, continuous possession of the property, etc. which the trial Court upon a detailed consideration of the evidence on record found in favour of the plaintiff and accordingly, decreed the suit; but the lea..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ......sh Roy Chowdhury J Chairman, Board of Investment and others... ……………….. Petitioner Vs. Bay Trawling Limited and others…………………….. Respondents...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....ibility of certified copy of Kabalas fabricated was negativated by the courts below. The plaintiff having been successful in proving that the original Kabalas were lost it cannot be argued that the inadmissible evidence were relied upon as the courts below found that secondary evidence was given ...... Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Respondents Judgment February 20, 1997. The Evidence Act, 1872 (I of 1872......rtified copy of Kabalas fabricated was negativated by the courts below. The plaintiff having been successful in proving that the original Kabalas were lost it cannot be argued that the inadmissible evidence were relied upon as the courts below found that secondary evidence was given of those ori..Category: Property Law | Date: | Hits: 72
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......ifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant Vs. Al-Falah Shipping Lines Ltd. and others……………..Respondents Judgment ......il Tanker also sustained extensive damage to the extent of Taka 24,389.97. The defendants lodged a counter-claim for a sum of Taka 1,28,235.37. 4. After discussing the oral and documentary evidence of both sides the learned Admiralty Judge found PWs 6 and 7 to be independent and disinter..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... standard writings of the accused petitioners along with the loan applications and crop mortgage deeds were sent to the hand writing expert for opinion. PW 6 MA Mannan, Hand Writing Expert, in his evidence stated that the specimen signatures, initials and standard writings of the accused-petitio..Category: Criminal Law | Date: | Hits: 67
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
.... the landlord in favour of the plaintiff and at the trial claimed that land on the basis of settlement in his favour during his minority by his father. The High Court Division also found the farog inadmissible inasmuch as the plaintiff laid his personal claim to the property on the basis of the ...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respo......hat also without discussing any fault in the factual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circumstance order VI rule 7 ..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......lip;…………… Respondents Judgment March 18, 1998. The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division has interfered with the finding of fact by the last court of fact and such interference is based on det......Huq, learned Advocate for the defendant-petitioner, submits that the lower appellate Court set aside the judgment and decree of the trial Court after proper discussion of both oral and documentary evidence on record and after giving cogent reasons by controverting the findings of the trial Court..Category: Property Law | Date: | Hits: 45
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ...... Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Land …………………Appellant Vs. ......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......ality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......…….Respondents Judgment March 8, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 169 Investigating Officer is not competent to weigh the evidence and judge the credibility of the witnesses. The plea of alibi can be taken before the tria..Category: Criminal Law | Date: | Hits: 66
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......………Appellant Vs. Anwar Ahmed and others………………. Respondents Judgment March 5, 1998. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution......perty. A special procedure has also been made therein to decide those cases. A legal presumption has also been attached under section 5(2) to the list published under sub-section (1) as conclusive evidence that the enlisted property is an abandoned property. Of course, it is a rebutable presumpt..Category: Property Law | Date: | Hits: 48
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......nable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ...... was also granted to consider whether the prosecution case having been disbelieved in its entirety the appellants were entitled to an order of acquittal and whether there was any legal or reliable evidence to convict the appellants under section 342 of the Penal Code. 9. Section 376 of ..Category: Criminal Law | Date: | Hits: 76
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......nbsp; Saitan Bibi and others………………. Plaintiff-Appellants ......73 BS or on any other date. The story of the cause of auction is fictitious. The suit is liable to be dismissed. 4. The learned Assistant Judge on consideration of the oral and documentary evidences on record disbelieved the auction sale and believed the dakhilas Exts. A-A (3) which sho..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......f the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ...... and received severe burn injuries. She was given necessary treatment at the Barisal Medical College Hospital but she ultimately succumbed to her injuries. 7. It appears that besides oral evidence prosecution proved a dying declaration, Ext. 2, which was recorded by a Magistrate PW 4 i..Category: Criminal Law | Date: | Hits: 83
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ...... This Case is also Reported in: 52 DLR (AD) (2000) 180. ...... a Court of appeal in interfering with the findings of fact arrived at by the Court of Settlement even though the Court of Settlement had not acted without jurisdiction nor made a finding on no evidence nor failed to consider any material evidence nor acted malafide.” 4. Mr..Category: Property Law | Date: | Hits: 64
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ......000) 174. ...... (Sadar South) Dhaka as abandoned property. It is also asserted that the writ petition was not maintainable as it involved disputed questions of fact which could not be resolved without going into evidence and that the respondent had not availed himself of the remedy provided under section 7 of ..Category: Property Law | Date: | Hits: 73
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... Prosecution examined 6 PWs including the informant and the investigating officer Accused Saiful Islam made confessional statement which was recorded by a Magistrate 1st Class consideration of the evidence on record trial Court convicted the appellant under section 302 of the Penal Code and co-a..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ...... is also Reported in: 52 DLR (AD) (2000) 140. ...... by the defendant No. 5 and on the basis of that enquiry report defendant No. 6 directed the Governing Body of the College to remove the plaintiff from his service. 4. After considering the evidence both oral and documentary and the law involved learned Assistant Judge by judgment dated ..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ...... (Civil) Present : Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Asmat Ali………………&hel......ants, the deed in question was out and out a deed of sale and hence the suit for redemption of mortgage is not maintainable. 4. The trial Court on consideration of the oral and documentary evidences on record held that the registered deed in question is a complete usufructuary mortgage w..Category: Property Law | Date: | Hits: 64
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others……………….......s the owners thereof had left for India and the Government is in possession thereof through its lessee. 4. The Senior Assistant Judge, Sreenagar, dismissed the suit in consideration of the evidence on record. 5. The plaintiffs thereafter preferred an appeal therefrom. The appell..Category: Property Law | Date: | Hits: 59
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