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Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... Division is maintained. There is no order as to cost. Ed. ......rchaser for value without notice of the agreement for sale in respect of the disputed property. 5. The trial Court dismissed the suit on the finding that from the consideration of the evidence on record it appears that there was a 'salish' while the SCC Suit No. 88 of 1980 was pendi..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......anted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......ode. The laws are not brown papers to be avoided. It is made for implementation and to be followed. These provisions could be avoided if the accused, on the admitted fact, could make out a case of no evidence and only in that case, section 561A of the Code could be invoked straight way. If the facts..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... ......ion must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the sui..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......s and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......loan money and executed a receipt in favour of Tayebuddin on 5th Ashar 1344 BS and since then Tayebuddin Biswas was possessing the suit land for over 12 years. 4. Both parties adduced evidence both oral and documentary before the trial Court and on consideration of the materials on r..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......f the Penal Code. Though the learned Advocate for the petitioner submits that it was a bona fide mistake on the part of the accused petitioner in sanctioning loan, it is a matter to be ascertained by evidence at the time of trial and see whether the petitioner accused had any dishonest intention in ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......yun Kabir Khadem, Advocate - For the petitioner. Abdul Quayum, Advocate - For the Opposite Party. Civil Revision No.4713 of 1998. Judgment Md. Mizanur Rahman Bhuiyan J.- This hearing occasions consideration of the rule issued directing against the judgment and order dated 04-6-1......ismissed with cost. 4. Upon such pleadings of the parties the miscellaneous case was taken up for trial by the learned Subordinate Judge, First Court, Gaibandha in which both the parties adduced evidence in support of their respective cases. The learned trial Court upon considering the evidence..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......he appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......iation of Taka 18,812.90 by the appellant in his capacity as Sub Registrar, Sadullapur Sub‑Registrar’s Office in the district of Gaibandha the appellant was prosecuted and after recording evidence the learned Divisional Special Judge convicted him as already mentioned above. Being aggrie..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......Court Division (Admiralty Jurisdiction) Present: Md. Imman Ali J Regent Ken International Ltd..............................Defendant-Petitioner Vs. Amanat Shah Ship Breaking Industries Ltd.................Plaintiff Opposite Party Judgment November 30, 2004. ......Advocate has referred to the unreported decision in Admiralty Suit No.37 of 1999 (Judgment delivered on 9‑8‑2004). The learned Advocate also submits that the petitioner is bound to show by cogent evidence as to when he came to know about the ex parte decree and to explain the delay in filing the..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ...... victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ...... FIR was lodged and ultimately charge‑sheet was submitted against the appellants. Charge was framed against them under sections 302/149 of the Penal Code and trial Court on consideration of the evidence on record found them guilty of the charge and sentenced each of them to imprisonment for li..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......out any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ......y show that the ballot papers, the counterfoils of 'the issued ballot papers and the marked copies of the electoral rolls were not tampered with by some malicious hands, meanwhile, in order to create evidence/ground for undoing the election ………………………..(19) Cases Referr..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......peal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......fect whether the pre‑emptor has acquiescence in the purchase or in the subsequent retention of the case land by the pre-emptee-purchasers and also to give opportunity to the parties to adduce fresh evidence in support of their respective case if they wish to do so. 5. Being aggrieved the pre‑e..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......on (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: .........................Respondents Judgment August 17, 2004. Result: The Appeal is allowed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of real owner. Mere possessi..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......is Case is also Reported in: 57 DLR (2005) 257. ......ificate Officer. The plaintiff also adjured number of papers, which were marked as exhibits 1 to 6 series while those of the defendants marked as Exhibit 'Ka' to 'Ja'. 16. On the evidence oral and documentary on record, learned Subordinate Judge found that on 20-1‑85 judgment ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
....rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
...... is dismissed.
Section 34, the Evidence Act, (I of 1872) 1872
Section 2(8), the Bankers Books Evidence Act, 1891 (Act No. XVIII of 1891)
Suit for recovery of bank dues
The entries in the books of account regularly kept by the bank in the course of business are no doubt relevant a......rly kept by the bank in the course of business are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts shall not be sufficient evidence to entitle the bank to charge any person with any liability and ultimately, to a decree aga..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......tance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ...... being accepted the case was sent to the learned Judge. Druto Bichar Tribunal No.4, Dhaka for trial and the trial Court framed charges accordingly against the accused and the case has been fixed for evidence. In the meantime the Government issued memo dated 14‑7‑2003 (Annexure‑D to the crimin..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ds be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......m; (ii) is the suit barred by limitation; (iii) are the plaintiffs entitled to get a decree as prayed for and (iv) what relief are the plaintiffs entitled to? Thereafter, the learned trial Court took evidences and decreed the suit and directed the appellant to execute and register the sale deed with..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a right in the de facto relation ......amending the plaint in the Court of the Subordinate Judge. Thakurgaon and the suit has been registered as the Other Suit No.5 of 1984 and during trial of the case neither party adduced any additional evidence, but relied upon the evidence recorded earlier in the Other Class Suit No.18 of 1980. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
.... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ...... 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ......ection 11 of the Ain. Thus the allegations made in the first information report constitute offence punishable under sections 11(kha)/30 of the Ain. He further submits that at the time of trial taking evidence it will be determined actually what sort of hurt was caused by the accused husband to his i..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ...... suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ...... in the disposal of the appeal aforesaid shall have no bearing in the matter of disposal of the suit or appeal by the Courts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 D..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......er Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......00 along with the note of objection of the banker "Refer to the drawer" Exhibits 3 & 3(1) in refusing to encash such an amount mentioned in the cheque Exhibit 2.
5. Considering the evidence on record, the learned Magistrate has found the accused-petitioner guilty of the offence pu..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
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