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Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
.... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ......his Case is also Reported in: 46 DLR (HCD) (1994) 86. ......produced and proved documents marked Exts.1-9 and the defendant Nos. 2-4 examined defendant No.1 as D.W.1 in support of their respective case. 5. Court below decreed the suit on consideration of evidence on record holding that the defendant No.1 executed the agreement Ext.1 for herself and on b..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......petitioner's case was thus unjustly discriminated from that of the constable No. C-199 Abdus Salam. It is also submitted that in the departmental proceedings against the petitioner practically no evidence was recorded and instead only some witnesses were examined under section 161 CrPC..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
......(1994) 90.
......ed several papers and documents which have been marked as Exts.1 to 20 (a). The documents and papers filed by the objector‑appellant were marked as Exts. A to Exi. O. After considering the material evidence on record and hearing the parties the learned District Judge passed the judgment on 27th Ju..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......n any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ......‘appellant Ashok Kumar Saha guilty under the aforesaid charge and convicted and sentenced him as stated above, but acquitted accused Parvin Begum, as the charge was not proved against her by reliable evidence and accordingly passed the impugned judgment and order. 5. Being aggrieved by the same..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ...... In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......in (b) to section 5(1) of Ordinance No. 54 of 1985 but by section 5(2) of the said Ordinance it has been provided that the list published under sub-section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in t..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
.... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......ccused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ...... July 27, 1993. Result: The Rule is discharged. Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced and examined earlier but his evidence is vitally important for the just and proper adjudication of the case. Cases Referred ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ...... the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......e age of the girl the court has depended upon its own impression of the girl's age before giving its final verdict. It further appears that in most of these cases, there is no lack of documentary evidence adduced by both sides but the reliability of all the evidence is in question. Decisions hav..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
......
(Civil Appellate Jurisdiction)
Present:
Md. Mozammel Haque J
Md. Abdul Karim J
Trang Ice and Cold Storage Company Limited............................Appellant
Vs.
Amin Fish Farm and Industries Ltd. and others...........................Respondent
Judgment
......ement as well as the four charter party agreements in between the Joint Venture Company and defendant No.1. Their further case was that the damage as claimed by the plaintiff was not supported by any evidence and it is purely hypothetical and speculative without any basis at all. It was further alle..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
.... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ...... of the 3 accused were obtained by intimidation and torture and hence the same are neither voluntary nor true. 3. The learned Sessions Judge after hearing the parties and on consideration of the evidence and other material on record was pleased to find all the 8 accused except accused Shakina g..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......6 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ......er property till that date and that the petitioners are owning and possessing the property since that date as purchasers thereof become also highly probable and more so in the absence of any positive evidence suggesting otherwise. Thus the findings of the Court of Settlement as quoted above must be ..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......ost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......ws title. Even occasional surreptitious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forcible entry in the land in denial of title of such owners cannot amount to adverse po..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......riminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ......t Information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged. In such cases no question of' appreciating evidence arises; it is a matter merely of looking at the complaint or the First Information Report t..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......Islam, Advocate—For the Appellants
Shaheed Alam, Advocate—For the Respondents.
First Appeal No. 53 of 1985
Judgment
Md. Abdul Karim J. — This First Appeal at the instance of the Plaintiffs is directed against the Judgment and Decree dated 29.8.85 passed by the l...... liable to be dismissed.
4. At the time of trial, three witnesses were examined on the, side of the plaintiffs as against one on the side of the defendant. A number of documents were admitted in evidence on behalf of both sides. On perusal of the evidence on record and taking into consideration..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
.... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......ive measure survives, and that the acquittal was on technical ground, or on benefit of doubt or due to the witnesses' refusal to tell the truth for fear of reprisal from the accused or that fresh evidence that has been discovered would have secured a conviction, if produced." The learn..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......of 1961 were not applicable to determine and fix the wages of the petitioners of the IRO Cases and the respondent No. 2 of these writ petitions. 19. After hearing the parties and considering the evidence adduced by the parties the learned Labour Court allowed all the aforesaid IRO Cases and dir..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......m according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ...... Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed property at the time of making the initial or..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......ce, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......m Meher Negar, aged about 16 years (daughter of P.W. 3 Abdul Wahab Khalifa and P.W.4 Anwara Begum) was married to accused about 4 months before the occurrence. P.W.3 Abdul Wahab Khalifa stated in his evidence that previous to the marriage to the accused the victim Meher Negar had been married to ano..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......wn the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77. ......nfession of an accused may be used against other co‑accused in the same trial under section 30 of the Evidence Act. But that is for a limited purpose. In fact, a confession of a co‑accused is not evidence under section 3 of the Evidence Act, but it may be used if it is found to be true and volun..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ......, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118. ...... and signature of the petitioner. It is also seen from the judgment that the Court of Settlement did not discuss or dispose of the question of identity of the petitioner although there was sufficient evidence to prove the identity of the petitioner. In these circumstances, it must be held that the p..Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......n for his detention under the Act. It was held that these two jurisdictions are not co‑extensive nor are they alternative. The jurisdiction under the detention law may be invoked when the available evidence does not come up to the standard of judicial proof but is otherwise cogent enough to give r..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
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