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H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ......;37 DLR (AD) (1985) 126. ......red into, it cannot obviously enforce it." In Rossiter Vs. Miller 1878, 3 A.C. 1124 Lord Blackburn stated: “It is a matter to be taken into account in construing the evidence and determining whether the parties have really come to a final agreement or not." ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......t. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......tion to which the petition relates. (2) Subject to any rules made in this behalf, the Election Tribunal shall after giving the contesting candidates an opportunity of being heard and taking such evidence as may be produced before it, make such orders as it may think fit. (3) Save as provid..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ......hension of the Munsif-Magistrate that the contemner U.N.O. was organising hooligans to assault him after issuance of the Rule in Criminal Misc. Case No.24 of 1984 has been substantiated by any cogent evidence or circumstance on record. It remains only an apprehension and no conviction can be based o..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ...... Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......ence suggestion that he murdered his brother Abdur Rashid. 6. P.W.2 Kabiran Nessa is the mother of deceased Abdur Rashid. The condemned prisoner was her daughter-in-law. P.W.2 stated in her evidence that the occurrence took place on the 10th Chaitra, 1388 B.S. at about 2'00. A.M. They ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
.... aforesaid 3 accused-appellants and of non-appellant Israil, not having been examined by the prosecution, the alleged confessional statements have not been legally proved and the said confessions are inadmissible in evidence and no conviction can be based on those inadmissible pieces of evidence. ......I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......trate by whom it purports to be signed. Statements recorded under section 164 Cr.P.C therefore, need not be formally proved…………….(9) To admit a confession into evidence as a proved document, two requirements are - (1) that it was taken in accordance with ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....t of P.W.5 at the trial will make it admissible and at the same time dependable. 15. Again the Privy Council has already warned against the possibility of covering up the incurable defects of an inadmissible confession by examining the Magistrate who recorded the confession. The Privy......ab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......e confession Ext.4 in that it was not recorded by P.W.5 M. A. Salam after explaining to the maker of it that she was not bound to make a confession and that if she made a confession it may be used as evidence against her. 11. We have looked into the original confession Ext.4 and we find that it..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ...... a dacoit and a hijacker. 3. 15 witnesses were produced before the Sessions Court out of whom three were tendered and one was declared hostile. The learned Sessions Judge on consideration of the evidence found the charge to have been proved against all the accused appellants and accordingly the..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32....... exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Procedure shall have to be exercised subject to law of Evidence for the time being in force. Discretionary power of the Court cannot be exercised for helping the litigant who is ......round the plaintiff filed an application for recalling of his re-examination on 4.8.83. On previous occasion two more witnesses of the plaintiff were examined after the closure of the plaintiff's evidence notwithstanding the unsuccessful objection of the defence, and the High Court Division in..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......llip;………Respondent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momtazuddin Ahmed-For the...... the defendant No. 1 has not been able to prove by independent witnesses that the plaintiff Nos. 2 and 3 who are pardanashin ladies executed the alleged disputed documents. He could not rely upon the evidence of D W.5 and 6 who are brothers. Being dissatisfied with the Judgment and decree as aforesa..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ...... costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......n. It was also stated that the suit is not maintainable in the present form as no consequential relief was prayed. The learned Munsif upon a threadbare discussion of all the oral and documentary evidence found that the defendant No.1 was not the adopted son of Sri Kanta and that defendant No.1 ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......hout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......9;s story the deed of sale and the deed of agreement of reconveyance were executed on the same baithak. P.W.4 Barada Charan Baidya is the scribe of the undisputed deed of sale which was admitted into evidence as Ext. A(1). P.W.3 Ahmed Meah and Abdul Jalil were attesting witnesses in the kabala. Abdu..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......a, rent receipts. S.A. record and other documents while the defendant No.18 produced the power of attorney and defendants 12 to 17 produced some rent receipts. Both sides also produced oral evidence regarding their respective claim of possession. 5. The learned Munsif in consideration..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......the trial of the accused appellant in his absence without complying with the provisions of section 339B Cr.P.C. Lest the parties are prejudiced, we refrain from entering into a discussion of the evidence on record at this stage as the trial of the accused appellant in his absence having been he..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......of the offence. It is settled principle of law that if a witness deposes in Court regarding the identification of the accused as the doer of the criminal act, then this piece of substantive evidence can be corroborated by his evidence of test identification parade. The substantive evi..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
..... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ......s Case is also Reported in: 36 DLR (1984) (HCD) 351 ......n 4 of the Partition Act. Further it was pleaded that no partition suit having been brought by the defendants the claim under, section 4 of the Partition Act not lie. 5. Oral evidence were produced on the side of plaintiff and oral and documentary evidence on the side of the..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......n oral agreement for reconveyance of disputed land as alleged in the plaint and that the plaintiff paid back the consideration to the defendant in pursuance of that contract. This finding is based on evidence and stands concluded by the concurrent finding of act of the Courts below. The learned Advo..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporat......hich is being disposed of by this Judgment. 6. Mr. Shaikh Razzaque Ali, the learned Advocate appeared in support of the rule and having taken me through the judgments of the Courts below and the evidence on record has contended that the Courts below erred in law in not finding that the relation..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ...... Case is also Reported in: 36 DLR (1984) (HCD) 337 .......1292 and erected certain huts there and are in possession thereof. The land has been rightly recorded in his name and the plaintiff has no case. 4. The learned Munsiff on a consideration of the evidence record found this suit land was in fact settled with the plaintiff and that they are in pos..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....e dues. 6. The Additional District Judge, by his judgment dated 21-9-71, allowed the Miscellaneous Case No.140 of 1977 on the findings that the statements of account, Exts. 8, 9 and 9 (a) being inadmissible, do not conclusively prove the claim of respondent No. 1, but since, however, the app....... This Case is also Reported in: 37 DLR (AD) (1985) 47. ......g the issues between the parties. If the document is formally proved, the Court can ultimately examine such letter. But if the entire letter is written “without prejudice” the value of such evidence in determining the disputes between the parties is very little. If, however, a portion of l..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ...... Ahmed—For the Appellant. S. C. Das—For the Respondent. F. A. No. 17(C) of 1982 with C.R. No. 262(F) C/82 Judgment Mohammad Habibur Rabman J.— This appeal at the instance of defendant 1(d) Shantipada Adhikari, a Shebayet of the deity Sri Sri Chatteswari Debi Big......for payment of the balance. He also secured the No. Objection Certificate from the Chittagong Development Authority for transfer of the land, construction of a building thereon in good faith. (In his evidence the plaintiff has stated that the resolution dated 16.7.77 it was decided that the suit lan..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
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