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Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......e find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... having been discovered and a review having been sought on that ground, the High Court Division was wrong in summarily dismissing the review application without applying its judicial mind to tile new evidence placed before it. 10. The learned Counsels appearing for the appellants in Appeal Nos..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......ppeal is dismissed. There is no order as to costs. Ed. ...... The State Acquisition and Tenancy Act, 1950 ( XXIIX of 1951), section 144A Presumption as to correctness of entries of RS Khatian under section 144A of the Act is revertable by leading evidence by the person challenging correctness of such entries…….(12) La..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......s are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ...... Judgement October 28, 2003. Moral conviction deprecated Findings of both the courts are totally wrong as it is a case of no evidence and both the Courts were swayed by emotions and not by any legal consideration and convict..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......so Reported in: II ADC (2005) 38. ......audulent representation. 7. It is now a settled principle of law that in case of agreement for sale of immovable property, time is not considered as essence of the contract. There is nothing in evidence to show that the present plaintiff refused to perform his part of the contract. However, we..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......o. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ed Counsel appearing for the appellant, has Submitted that the learned Magistrate and the Sessions Judge having found the exclusive possession of tile appellant in the case land upon consideration of evidence on record, the High Court exceeded its jurisdiction in interfering with the Concurrent find..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......eel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhy...... Ahmed, Deputy Director of Plaintiff Bangladesh Bank stood on witness box as P.W.1 in support of plaint case. 11. A.K.M. Motiur Rahman, Deputy Director, Engineering Department, Plaintiff Bank gave evidence as P.W.2. 12. Haji Md. Rafiqul Islam as Holder of Power of Attorney for and on behalf of..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......rfere. The petitions are accordingly dismissed. Ed. ...... her name appears in the voter’s list and some other documents, as such she has not impersonated anybody purporting to be Shebayet, as a matter of fact, the courts below on consideration of the evidence on record found accused Champak Lata was never the Shebayet of the Mandir or Deity and was ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......is dismissed. There is no order as to costs. Ed. ......tried by a Division Bench of the High Court Division and decreed in the manner as stated herein before upon observing "The allegations of the PW 1 as stated above and proved by the documentary evidence as aforesaid, we hold, are sufficient to seek the relief challenging the allotment of the..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....neral provisions of section 106 of the Act." In the decision reported in 22 DLR (SC) 360 it has been held that; "Unregistered lease deed of immovable property from year to year is inadmissible in evidence for lack of registration." In the decision reported in 1987 BLD (......own the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......o valuation of the suit, issue No.3 relating to relief as prayed for and issue No.4 relating to what other relief plaintiff is entitled to. 7. On consideration of the depositions and documentary evidences on record, the learned Assistant Judge by his judgment and decree dated 21‑10‑1989 dis..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......cree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......or any interference by this court. 13. During hearing of the appeal application under Order XLI rule 27 of the Code of Civil Procedure has been filed by the appellant for admission of additional evidence showing payment of electricity bill and the WASA bills and the respondent also filed anothe..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ...... this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ...... After close of the prosecution Witnesses, the accused on dock were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination, is total ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....sport staying in Karachi in 1971 and never returning to Bangladesh and there having been no verified pleading to the effect that they were stranded in Pakistan, the High Court Division relying on inadmissible piece of document and upon erroneous view of the provisions of President's Order No 1......2003. Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a...... right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangladesh having not been controverted by any tangible evidence it cannot be said they are not citizens of Bangladesh………………..(26) Cases R..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......ecord at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ...... Court Division and the High Court Division allowed the appeal holding that there was no materials on record to show that Abdul Aziz was an Indian National and sent the appeal on remand to take fresh evidence whether Abdul Aziz was an Indian National or not by the judgment and order dated 16-3â..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......p;……..(7) “Mere relationship of the witnesses inter se or the relationship with the victim do not make them unreliable or, in other words, their evidence is not worthy of consideration.” …….(7) Prosecution..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......r as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......g pending there is absence of cause of when the parties before it never made any such action and, as such, the suit is liable to be dismissed. 5. The Court of first instance on assessment of the evidence on record arrived at the finding that defendant No. 3 was not the Manager of the plaintiff ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ...... rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......igation stage, legality or admissibility of statements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case&helli..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......peal. The appellant moved the High Court Division in revisional jurisdiction, but did not have desired result. 3. Leave was granted to consider the submissions that although no direct evidence was adduced in support of the allegation of 2nd marriage against the appellant and the evi..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......ed of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ......ial witness including the investigating officer and the 2 others (PWs. 3 and 4) were the Persons connected with the implementation of the project. 6. The trial Court on consideration of the evidence on record upon arriving at the finding that the accused persons did not submit the 3rd Mast..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......d no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......03. The Evidence Act, 1872 (I of 1872), Section 154 Evidence of a hostile witness is of no worth for the prosecution. However on consideration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......re accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......t act for an offence under section 6(4). This rule provides for punishment both for individual as well as for constructive liability of a gang. In the instant case there being strong circumstantial evidence incapable of explanation upon any other reasonable hypothesis than that of the guilt of t..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
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