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Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......de of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The Specific Relief Act, 1877 (Act No. 1 of 1877); section 42 Exclusion of jurisdiction of a Civil Court should not be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine cases w......e learned Advocate for the opposite party, files a counter affidavit and submits that the plaintiff has succeeded to prove his case before the Courts below and considering the facts, circumstance and evidence on record, the trial Court decreed the suit and the lower appellate Court affirmed the judg..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

Syed Tipu Sultan Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... ammunition to the petitioner within a period of seven days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ......eipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ......ner in not depositing the licensed pistol in time in view of aforesaid memos of the Ministry of Home Affairs dated 19.09.01 and 09.12.01. 13. There is nothing before us which could suggest or evidence that the petitioner had knowledge of any of such memo for de­positing his licensed pistol..

Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10

Most. Rafika Begum Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others, 2008, 37 CLC (HCD)

....ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ...... Present: Syed Abu Kowser Md. Dabirush-Shan J Most. Rafika Begum……………………………………………………………..Petitioner Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others………………………………………………......its 1-3. On the other hand, the pre-emptee examined 4 witnesses to prove her case and also produced the papers and documents as Exhibits-"Ka and Kha-1". The learned trial court after examining the evidence on record and perusing the papers and documents produced by both the parties in respect of..

Category: Property Law | Date: 9 Apr, 2008 | Hits: 4

Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)

....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202.   ......pposite Party Judgment March 27, 2008. Result: The Rule is made abso­lute. The Transfer of Property Act, 1882 (Act No. IV of 1882); section 106 Once a tenancy comes into an existence the tenant cannot convert his tenancy into a permanent one by doing any act advers......witnesses and the defendant also ex­amined 3(three) witnesses and both the parties filed series of documents to prove their re­spective claims. 6. The Trial Court on consideration of the evidence and circumstances of the case dis­missed the suit by impugned judgment and decree dated..

Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... not find any substance in this Rule.  Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275.   ......ly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275.   ......ourt of Assis­tant Metropolitan Sessions Judge received the record on 4.6.2006. The case was fixed for framing of charge on 31.7.2006 on which charge was framed against the petitioner. Meanwhile, evidence was taken from the side of the prosecution. While examination of a witness was going on, th..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)

....Jersey said in State Vs. Presha that "special circumstances exist when a juvenile is under the age of fourteen." It held that, in such instances, an adult's absence will render a juvenile's statement inadmissible as a matter of law. 18. In our view, juveniles in our country are no different fro...... Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......lty and claimed to be tried. 5. The prosecution examined eleven witnesses in order to establish the case against the accused persons, whereas the defiance did not call any witness nor adduce any evidence in support of their defiance. From the trend of cross-examination of the prosecution witnes..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113

Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)

....aid in State Vs. Presha that “special circumstances exist when a juvenile is under the age of fourteen.” It held that, in such instances, an adult’s absence will render a juvenile’s statement inadmissible as a matter of law. 18. In our view juveniles in our country are no different from t......ith a copy of this judgment, immediately.  AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.       ......ilty and claimed to be tried. 4. The prosecution examined eleven witnesses in order to establish the case against the accused persons, whereas the defence did not call any witness nor adduced any evidence in support of their defence. From the trend of cross-examination of the prosecution witness..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)

....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ....... Noorjahan Bewa and others, 15 BLD (AD) 82; Hazari Bala Sana and another Vs. Niron alias Niranjan Mandal and others, 17 BLD (AD) 295. Lawyers Involved: Quamrul Islam Siddiqui with Md. Jashimuddin - For the Defendant-Respondent-Petitioner.  Muhammad Nazrul Islam with Syed Al Asafur Ali......iffs examined as many as 6(six) witnesses and defendants examined 4(four) witnesses to prove their respective claim over the suit property and after concluding the trial of the case and examining the evidence on record and also perusing the papers and documents produce by both the parties, the learn..

Category: Property Law | Date: 5 Mar, 2008 | Hits: 28

Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)

....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11....... the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......re against the accused petitioner. 4. Mr. M. Moksadul Islam, learned Advocate, appearing for the petitioner submitted that the High Court Division failed to apply its judicial minds in assessing the evidence and materials on record and the provision of law applicable thereto and to appreciate the f..

Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6

Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)

....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193.  ......uzzaman Mia and others……………………Opposite parties Judgment February 18, 2008. Result: The rule is discharged. Cases Referred to- Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216; Noor Mohammad Kha......e kabalas and also their possession and subsequent dispossession from portion of the suit land, as alleged in the plaint. 4. The trial court framed necessary issues and on consideration of the evidence on record came to the finding that the plaintiffs have proved their title on the basis of ..

Category: Property Law | Date: 18 Feb, 2008 | Hits: 7

Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)

....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ...... in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the court. The failu..

Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5

Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)

.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......tion of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ...... insertion annexed as Annexures-'H' and I has to the Supplementary Affidavit a list of the shareholders members of the Company and a copy of an extract of the Attendance Register Book respectively in evidence of individual members attending and voting as well as certain invitees attending at the EGM..

Category: Company Law | Date: 12 Feb, 2008 | Hits: 123

Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)

....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......rts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......i) Whose custody will cause the most welfare for the said minor. iii) Whether the petitioner can get the relief as per prayer or any other relief in a different way. 7. Both the parties adduced evidence both oral as well as documentary, two witnesses were examined from the side of the opposite..

Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defe......erts a hostile title and adverse possession therein as in the present case. The appellate Court whether reversing or affirming the decision of the trial Court must independently consider the evidence on record but in the case of affirming the findings of the trial Court, the narration of t..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)

....he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ...... the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......rovision of Order VII, rule 14 of the Code which is as under: "R 14—Production of documents along with the plaint.- (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is presented and s..

Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210

Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)

....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......t wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......e examination of the prose­cution witnesses, the accused person was examined under section 342 of the Code of Criminal Procedure to which he repeated his innocence and the defence did not adduce any evidence on his behalf. 6. The defence case, as it transpires from the trend of cross-examinati..

Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27

Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)

.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......9. ......he trial plaintiff examined 2 witnesses and the defendant examined only 1 witness Tahsilder to prove their respective cases. The learned trial Court after hearing both the parties and perusing the evidence on record document and exhibits and also the Hukum Nama came to a finding that the plainti..

Category: Property Law | Date: 7 Jan, 2008 | Hits: 9

Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)

.... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......dgment December 9, 2007. Result: The appeal is accordingly allowed.   The Evidence Act, 1872 (Act No. I of 1872); section 106 Burden of proof In the absence of evidence as to the presence of the condemned-petitioner in the place of occurrence with his family, ..

Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10

Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)

....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17.    ...... This Case is also Reported in: 29 BLD (HCD) (2009) 17.    ......o.5, the said application dated 25.9.2005 for the execution of the said Decree against the Opposite Party No.5 must also be held to be not maintainable. 2. The Affidavit-in-Opposition is also in evidence of the contention of the Opposite Party No.5 that the said execution application dated 25.9..

Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ......ecords along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ......ith the findings of a Court of facts under its extra­ordinary jurisdiction under Article 102 only if it can be shown that the Court has acted with­out jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the peti­tioner..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6