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Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......on case was not maintainable. 6. The arbitrator filed dismissed the case holding that the compensation assessed is valid, that the petitioners have not proved either by oral or by documentary evidence that value of per decimal of land is Tk. 40, or that the value of the awarded land is Tk. 1..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... (Civil) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Resp......a sale deed the plaintiff did not acquire title to the property. Syed Mahabubur Rahman was the Assistant Engineer in the Water Development Board but since 1972 he has not joined his post. There is no evidence that Syed Mahabubur Rahaman did not live in Bangladesh after the liberation, so the propert..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......s no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
...... statute that is, by having statutory power to fine and imprison, are Courts of Record at Common Law. The proceedings of a Court of Record preserved in its archives are called records, and conclusive evidence of that which is recorded therein."
The Corpus Juris (Vol. 15, page 720) refers t..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ....... The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......imine without adverting to the appellant's contention on the lack of jurisdiction of the Special Tribunal. We have gone through the schedule of the Special Powers Act and we find that in the state of evidence on record the materials recovered from the appellant do not attract the mischief of the Arm..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......lication is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ...... circumstances of the case, the learned (Sic) Deputy commissioner of Taxes, Taxes Circle‑18, Chittagong, Zone‑3 was justified to disbelieve (Sic) the delivery Chalans with Truck Fares without any evidence on record collected from those customers upon whom the learned (Sic) Deputy Commissioner of..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ....... Ed. This Case is also Reported in: 57 DLR (2005) 574. ......and, as such, the suit is liable to be dismissed with cost. 4. Three witnesses for the plaintiff and 2 witnesses for the defendant No.1 were examined in the case. The trial Court considering the evidence adduced by the parties decreed the suit in favour of the plaintiff against which the defend..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ...... order complained of are set aside. Ed. ......his affidavit-in-opposition and the matter is said to be pending in the Court of law. Whether at this stage he may be declared as bank loan defaulter is a question to be decided after recording the evidence of parties. In any view of the matter, in view of the contentious submissions of the ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ...... out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......e case was handed over to Khandaker Mosharraf Hossain for investigation, who, after getting the case, visited the place of occurrence and prepared sketch map thereof with separate index, recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and seized one iron fa..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......f our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......ion having been made out during investigation police submitted charge-sheet under sections 120B/302/34 of the Penal Code against 30 accused persons including the accused petitioner, as such, the evidence of two eye‑witnesses namely, Kamrul Hassan Lyton and Md. Hafizur Rahman Habib are essenti..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......he learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......ntary affidavit, which were neither exhibited in the Labour Court nor filed in the Labour Court nor these were found in the Labour Court records of the cases and, as such, do not constitute any legal evidence and these Annexure- X and X -1 ought to have been kept out of consideration and the High Co..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......………………………………………………..Opposite
Parties
With
Additional Deputy Commissioner (Rev), Dhaka
and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka…………………………………
Petitioner
Vs.
Mohammad Shafiqul Haque ......audulent decree and this defendant was not impleaded in the said
suit and accordingly prayed for dismissal of the suit.
5. The trial court framed necessary issues
and on consideration of the evidence on record came to the finding that the
defendants and to prove their case that Rathindra..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
...... is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......n the dark about the affairs of the company by the respondents; no Annual General Meeting of the Company has been held since 1985; financial bungling committed by the respondent Nos. 2-5 have been evidenced by the demands for repayment by financial institutions; the respondents have treated the c..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... appeal is dismissed without any order as to cost. Ed. ......malities in the proceeding. Being aggrieved by the said judgment and order Appeal No. 66 of 1998 was preferred before the Administrative Appellate Tribunal which was allowed on consideration of the evidence and the deposition of the witnesses. Hence is this appeal. 5. Mr. A. J. Moha..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......05) 356. ......h potch; (v) Whether the plaintiff was entitled to get any decree as he prayed for; (vi) Whether plaintiff was entitled to get any other relief. 5. The learned trial Court after taking evidence was pleased to dismiss the suit holding that the Suit was not maintainable in its form and ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ...... Counsel for the petitioner. The petitions are dismissed. Ed. ......ers relating to the settlement of Tazammel Huq, predecessor-in-interest of the defendants petitioners were forged or not." 8. No issue was suggested or framed and no pleading or evidence was advanced on behalf of the defendant that the suit land being a tank is not retainable&n..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....than one months rent, in advance. Such agreement for lease was void under section 23 of the Contract Act as its object was not lawful and that it having not been registered was unenforceable and also inadmissible in evidence. 11. The referred decision is sought to innovate a type of lease in whi...... This Case is also Reported in: 26 BLD (AD) 2006, 105. ......rent, in advance. Such agreement for lease was void under section 23 of the Contract Act as its object was not lawful and that it having not been registered was unenforceable and also inadmissible in evidence. 11. The referred decision is sought to innovate a type of lease in which the tenant wi..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......ssions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......tional Sessions Judge, 1st Court, Kushtia on various grounds. Firstly, he submits that the accused appellants have been falsely implicated in this case and there is, in fact, nothing in the evidence on record that will object to kill the victim Asmat Ali these accused‑appellants were unl..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......ly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ...... The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of fact of the courts below having not suffered from any misreading or non-reading of the evidence or, in other words, any legal evidence was not left out in making the decision in the case..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....g the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds. It is now a settled principle of law that unless obje......at them Mere omission to sign and seal exhibits or deposition sheets does not affect the merit of the case nor the jurisdiction of the Court and such omissions are mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to preven......ing the grounds. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier opportunity i.e. at the time of admitting the document into evidence, the question of its admissibility cannot be raised at a subsequent stage……&h..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......essions Judge, Gopalgonj for trial. The trial Court framed charge against fifteen charge-sheeted accused persons including the petitioners to which they pleaded not guilty and claimed trial. The evidence of P.Ws. was closed and the case was fixed for examination of, the accused persons under se..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
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