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Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment Feb......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Plaintiff-Respondents Judgment February 5, 1997. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resultin..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......l J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is dismissed. The Limi......e was granted only to consider the question of limitation as to whether the learned Single Judge of the High Court Division correctly decided the question of limitation on proper consideration of the evidence on record in view of the statement made in the plaint showing the date of knowledge to be o..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......pal Kanti Das ……………………………….Appellant Vs. Monju Rani Das ………...Respondent Judgment July 22, 1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumpt......t disbelieved that there was any marriage between the plaintiff and the defendant and doubted the affidavit. In consequence the said court dismissed the suit. 5. The appellate Court discussed the evidence of each of the witnesses and the circumstances refuting the findings of the trial Court and..Category: Family Law | Date: | Hits: 212
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......ame calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......fence case is that the accused petitioners are innocent and they have been falsely implicated in this case out of previous enmity and grudge. 4. The learned Sessions Judge on consideration of the evidence of the eye-witnesses and dying declaration of deceased Hatem Sikder convicted and sentenced..Category: Procedural Law | Date: | Hits: 157
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......int expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-R......l Akhter, 1986 BLD (AD)83 and some others submitted that the High Division was wrong in holding that there was no valid service of notice upon the defendants. He submitted that the declarations were evidence of the fact of service of notices. He also submitted High Court Division was equally wrong ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ....... Result: The appeal is dismissed. The Bangladesh Bar Council Cannons of Professional Conduct and Etiquette. Chapter II, Clause 4 Respondent No. 1 committed professional misconduct by filing vokalatnama on behalf of the plaintiff as well as on behalf of his son defendant in the same sui......ebarring from practicing the said Advocate for five years. 6. Leave was granted to consider whether the High Court Division was correct in passing an order of reprimand when there was no rebuttal evidence adduced by Advocate respondent No. 1 against the evidence of complainant and thus her evide..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......nesses not bona fide or it is an abuse of process of the Court, it will not be unlawful for the Court to refuse such a prayer for issuance of summons. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For Petitioner. Not represented—The Re......e Code of Civil Procedure provides that, at any time after the suit is instituted, the parties may, on application to the Court, obtain summons to persons whose attendance is required, either to give evidence or to produce documents. But this privilege of a litigant to take out summons to witnesses ..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moslemuddin (Md) and others…………………………..………………Appellants Vs. Md. Jonab......erfering with the factual decision of the lower appellate Court. 6. We have gone through the judgments pronounced by the courts below. It is seen that the trial Court considered and discussed the evidence of all the 5 witnesses for the plaintiff and 2 witnesses for the defendant, besides conside..Category: Property Law | Date: | Hits: 88
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......Judgment January 22, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 56 The trial court as well as the court of appeal have not been able to find that the plaintiffs are in exclusive possession of a specific and separate share of the suit plo......rom the daughters and daughter-in-law of Abbas Miji by purchase and they are in possession thereof. The suit land is unspecified and vague. 5. The trial Court, without however discussing the oral evidence adduced by the plaintiffs, concluded that “the plaintiffs have been able to make out a ca..Category: Property Law | Date: | Hits: 83
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ...... Mahmudul Amin Choudhuiy J &n......no shipping/ export bill was used/ sealed and signed by the master of the vessel and customs officer. So the plaintiff is not entitled to any decree in the suit. 4. After considering the evidence adduced by the parties learned Admiralty Judge dismissed the suit by the impugned judgment ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......e is also Reported in: 53 DLR (AD) (2001) 12. ......rt in the previous suit and obtained a favourable decree. 6. Dr. Kamal Hossain further submits that the plea of res judicata ought to have been agitated and decided at the time of trial on taking evidence which is not connected with the question of rejection of plaint under Order VII rule 11 of ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......t: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 109 The Code of Civil Procedure, 1908 (V of 1908), Section 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Article 109 of the Constitution is not ......1993 the case was fixed for argument and on that date time was taken. Subsequent thereto on 17-7-1993 respondents filed an application for recalling PW 1. The prayer was allowed. After closure of the evidence the case was fixed for argument on 7-8-1993. Again on 28-2- 1994 the case was argued in par..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ....... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......f examined 4 witnesses including her while defendants examined 3 witnesses including defendant No. 2 but defendant No. 1 did not depose in the suit. 5. The trial Court on consideration of evidence on record dismissed the suit on contest. The plaintiff took an appeal from the decree of th..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......is judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 1872 (I of 1872), Section 5 Positive testimony of a witness and evidence of other witnesses who testified about the presence of that witness cannot be discarded for..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......nbsp; Accordingly, the appeal is dismissed with costs. Ed. ......session of the plaintiffs in the suit land. 5. On appeal by the defendant respondents the learned appellate court dismissed the appeal holding, inter alia, that there is no reliable evidence in support of the defendants case about taking settlement of the suit land by Yasin Ali fro..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......e High Court Division erred in law in not considering that the order of conviction and sentence is bad in law in view of the materials on record and that the prosecution withheld material evidence to establish the guilt of the petitioner and as such the trial court as well as the Hi..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......tation Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......ally held that the accused respondent is not guilty of the charge leveled against him. 8. The learned Counsel next argued that in view of the proper discussion and assessment of the evidence on record it is found that confessional statement of the respondent under section..Category: Criminal Law | Date: | Hits: 106
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......ly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......ction 100 of the Code of Civil Procedure does not authorise the High Court Division to disturb finding of fact of the Court of appeal below, the final Court of fact, arrived at on appreciation of the evidence…....................(23) Cases Referred to- Madan Gopal & ors Vs. Maran Bep..Category: Procedural Law | Date: | Hits: 112
Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)
....its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ......Rahman J Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........Respon......f has been controlling the possession of the suit property after its allottee vacated the same. The plaintiff has not stated anything regarding the present possession of the suit property in its evidence. Its alleged lessees defendant nos. 1-5 filed a written statement but did not contest the c..Category: Property Law | Date: | Hits: 45
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