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Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......ith a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......another……………………...........Respondents Judgment February 7, 2006. Result: The appeal is dismissed with modification. A medical report is not the substantive evidence. The evidence given by the doctor in the Court on oath is the substantive evidence………..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......hellip;…………………….Opposite Parties Judgment January 25, 2006. Result: The Rule is discharged. Case Referred to- Sachindra Lal Das and others Vs. Hriday Ranjan Das being his heirs Bimal Kanti Das and others, 40 DLR (A......ssion and the present one for redemption of mortgage and thus committed an error of law that occasioned a failure of justice. He again submitted that both the courts below failed to consider the evidence both oral and documentary in their true perspectives and also misunderstood the munici..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. .......Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the defendant and whether the p......y in favour of the plaintiff. 16. The defendants examined none nor did they file any document in support of their contention. 17. The learned Joint District Judge on consideration of the evidence on record, dismissed the suit by the impugned judgment and decree dated 16.08.2001 holding..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......t. Ed. This Case is also Reported in: ......ng jurisdiction under section 115 of the Code of Civil Procedure exceeded his jurisdiction in setting aside the concurrent finding of the fact arrived at by the courts below on proper appreciation of evidence on record and the next submission that the courts below upon considering the oral as well a..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......tion)
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judg......itted in
dismissing the plaintiff from her service.
5. Trial Court framed 4 issues for decision.
6. Plaintiff examined 2 witnesses and
produced some documents which were admitted into evidence and marked as
Exts.1-7 while defence examined three witnesses and produced some documents ..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ....... This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......ngladesh, and applied for registration of the said trade mark being application No. 50981 in Class-1 before the respondent No. 2 The appellant thereafter had taken urgent steps for preparation of the evidence in support of the opposition case but as there was no possibility of collecting evidence fr..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......ented by National Legal Aid. Death Reference No.105 of 2003 with Jail Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death s......l. 9. Mr. Md. Khalilur Rahman Bhuiyan, the learned Advocate, being appointed by the State to defend the condemned prisoner, submits that the learned Judge of the trial Court has failed to assess evidence on record in the right direction and that he recorded the order of conviction and sentence ..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ...... this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......ses and tendered two namely P.W.6 Abdul Mannan and P.W.17 Soleman for cross-examination and the defence cross-examined P.W.6 and declined to cross-examine P.W.17. After closure of the prosecution evidence the accused persons were examined under section 342 of the Code of Criminal Procedure, ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ...... Md. Abdur Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Parties Judgment ......gladesh, 48 DLR (AD) 178 and Md. Amin Khan Vs. Controller of Estate Duty, PLD 1962 (SC) 335 = 14 DLR (SC) 276. A review of a judgment could be sought for from discovery of new and important matter or evidence, or on account of some mistake or error apparent on the face of the record or for any other..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
...... the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......titioner company was submitted with condition
that the supply will be made as per terms & conditions of the bidder. Hence
this offer is a conditional offer and is not acceptable. There was no evidence
that M/S. Kelvin was the actual manufacturer. Rather the said model engine is
manufacture..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......ve we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......ppellants moved the Appellate Division and obtained an order of stay of the said order of injunction passed by the High Court Division. 6. The trial Court upon detailed discussions of the evidence on record dismissed the suits with the findings that the plaintiffs in the respective suits..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......py of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......d claimed justice. Trial was held in absence of absconding accused Ful Banu. 4. The defence case, as it appears from the trend of cross-examination of the prosecution witnesses and also from the evidence adduced by the defence, is that of innocence and false implication. Positive defence taken ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ...... copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......e truth of the statements, be it circumstantial or prove otherwise……………………………(25) The Code of Criminal Procedure, 1898 (Act No. V of 1898); s. 342 The incriminating evidence or circumstances sought to be proved by the prosecution must be put to the accused during ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)
....t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......…Opposite party Judgment July 26, 2005. Result: The Rule is discharged. The Evidence Act, 1872 (Act No. I of 1872), section 35 The voter list and the Nikahnama being public documents the entries made therein have the presumption of correctness under the provisio......ntiff examined 7 witnesses while the defendant examined 3 witnesses and both the parties produced some documents marked Exts. 1(a)-1(3) and Ka and Kha to prove their respective case. On recording the evidence the trial Court dismissed the suit on consideration of the same both oral and documentary. ..Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ......eported in: 57 DLR (2005) 553. ......mined two witnesses including him while the returned chairman examined him only. One was examined on behalf of opposite party No.6. Number of documents were adduced on behalf of the parties. Upon the evidence, oral and documentary on record, the Election Tribunal held that the election petitioner fa..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)
....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ......ail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718. ...... the examination of witnesses of the complainant, the petitioner was examined under section 342 of the Code of Criminal Procedure wherein he repeated his innocence stating that he will not adduce any evidence and will not say anything. 7. The defence case, as it appears from the trend of cross-..Category: Family Law | Date: 4 Jul, 2005 | Hits: 2
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ...... allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......ffs and asserted her title and possession in the suit property on the basis of her mother's will. 4. The learned Munsif (now Assistant Judge), Kalkini dismissed the suit on consideration of the evidence on record. The plaintiffs took an appeal there from. The appeal was heard by the learned ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......urisdiction) Present: Md. Abdul Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others…………………………………………......s Judgment June 25, 2005. Result: The Rule is made absolute. The question of maintainability of the suit should be decreed in the main suit on merit after taking evidence on trial and not in the interlocutory matter.………………………..(18) Humanit..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......s client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26....... hear Family Appeals, the appeal before Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Dhaka was re-transferred to the learned District Judge for disposal. The learned District Judge allowed additional evidence to be produced by the plaintiff and also took deposition of few witnesses on behalf of the ..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ...... Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......ause 13 but this vital aspect was not considered by the Courts below, causing failure of justice. He also submitted that the Courts below committed further illegality in not holding that there was no evidence on record that lessee Mofizuddin had more than 1.03 acres of land as shown in his applicati..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
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