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Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 .........opposite Parties Judgment July 6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- I..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
.... the word does not attempt to put any narrow construction and that it is the duty of the Court to put such construction on statutory provisions as it appears to it to be most in accord with reason, justice and fairness and to avoid such construction as may cause hardship and injustice. The Supr......, principles enunciated in Golam Rahman Sowdagar Vs. Imratannessa, 22 DLR 126 did not apply. Finally, the High Court Division did not arrive at an independent conclusion after considering oral and documentary evidence on record. 8. Dr. Kamal Hossain, Counsel for the plaintiff-r..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....d 5 had requested him to pray for some time so file a counter affidavit. As though we had passed an order on 10.5.83 that no further adjournment would be given, we made a departure in the interest of justice and allowed 3 days time to the opposite party Nos. 4 and 5 to file a counter affidavit. The ......rs and personnel for their family accommodation. The accused petitioner Maqsood Alam is the son of the non-local original owner of the premises in question. He withheld or failed to produce any legal document of title upon repeated call. It is not stated who gave the call and when he failed to produ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....rned advocate for the appellants. In this connection, it may be pointed out that the law Reforms Ordinance, 1978 came into being to amend certain law for the purpose of quick and easy dispensation of justice by providing some amendments in the procedural system. Thus we find that the legislature in ......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......y that the plaintiff had created a deed of agreement for alleged bhara settlement of the suit premises to which he had no right title and interest and that the alleged agreement was thus a fraudulent document. 5. Rajani Kanta Lala was survived by his 3 sons who were substituted in his place as ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)
....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ......rcumstances, Khalilur Rahman filed writ petition No.653 of 1976 before the High Court Division of the Supreme Court of Bangladesh. The said deed of exchange dated 20-8-65 was declared to be a genuine document and the actions of the respondents were treated as arbitrary and without any lawful authori..Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......e of the locality make their offerings to the deity there. Lack of the personal knowledge of the plaintiffs witnesses as to the exact time of dedication is understandable as it happened long ago. The documents on record, however, lend full support to the assertion of the plaintiff. In the S.A. recor..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ...... as reversionary Subhadra the daughter of Jatri in the meantime was married. But she was also sonless Subhadra obtained a patta with respect to the suit land from her mother. The patta is a collusive document and without consideration and there was no legal necessity for Jatri to transfer the same t..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......4. Further the Appellate Division has held: "The appellate court reversed the finding of facts on evidence but once it is shown that such reversal has been made without taking notice of the documentary evidence the second appellate court may reassess the evidence and come to its own findin..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....er of the Sessions Judge. Since under the new dispensation of the present Government the Magistracy has been vested with wider responsibility and accountability in the administration of criminal justice, such reckless act on the part of a 1st Class Magistrate cannot be treated lightly…&h......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....rdinarily called ‘mixed question' of law and fact. In those cases the High Court's interference with the decision of the lower appellate court may be warranted to prevent miscarriage of justice. 14. In the well-known case of Sm Bivabari Vs. Ramendra Narayan, AIR 1947 PC 20, the Pr......ower-of-Attorney. 7. Syed Ishtiaq Ahmed, learned Counsel contends that the question to be decided in this case is a question of fact and this does not involve an issue of law merely because some documents have been interpreted and construed. He has made a distinction between construction of a d..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......der of Jitendra in the house of the accused Haripada. The said confessional statement was produced and proved by P.W.7 the scribe. It appears that the learned Sessions Judge by solely relying on this document which was Ext.3 found the accused-appellant guilty of the murder. As we have already stated..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
.... the court shall not impose a sentence for contempt of court unless it is satisfied that the contempt is of such a nature that it interferes or tends substantially to interfere with the due course of justice."
We ourselves have taken the view that this is mere an adhoc arrangement for the ...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
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Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......it for injunction being O.C. Suit No.66 of 1973 restraining Jalada from the disposing of suit property. In this suit Jalada Devi took the stand that the Will in question was a forged and fabricated document. It will be noticed at once that she took a stand which can be termed as approbation. In th..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
....erent powers to review and restore the Criminal Revision case. The order dismissed for default when it was neither heard nor disposed of on merits, the petitioner in all fairness and for ends of justice should be afforded an opportunity of being heard in the matter. Cases Referred to- ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....…Opposite Parties Judgment December 1, 1982. Result: Dispose of the appeal. No Dismissal of cases summarily without assigning any reason at the cost of dispensation of justice- The Court is competent to reject an appeal even at the initial stage of its admi...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... on a fresh complaint at all. He has taken us through the F.I.R. of Tangail P.S. Case No.10 (11)781 and the petition of complaint in the instant case and has shown us how even the language of the two documents is interchangeable. The incidents alleged are the same. The accused persons (with addition..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
...... Arjun Kurmi, instead of a license to stay on the suit land as long as he would be in the service of the Tea Estate.
6. Mr. Hafizullah, Counsel for the appellant Company, submitted that the document, Exhibit 1 (c), upon which the appellant relied was to establish that the respondents&..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
.... also examined as P.W.3 earlier by the Sub-Divisional Magistrate, Madaripur in the first trial. He observed that as per evidence another, accused who was charge-sheeted was to be produced for ends of justice. As such he issued warrant of arrest against the petitioner Nazrul Islam by his order d......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
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