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Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)
....l of the appeal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ......ition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ......dent in accordance with the Ain and in arriving at such conclusion, it has relied upon the ease of Anti-Corruption Commission Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290, it did not at all assess the evidence on record although the Special Judge on assessment of the evidence convicted the respo..Category: Criminal Law | Date: | Hits: 4
State Vs. Barrister Nazmul Huda and other, 2014, 43 CLC (AD)
....peal on merit afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 212 ......e accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 212 ......itted them of the charges levelled against them. 3. Mr. Khurshid Alam Khan, learned Advocate for the petitioner submits that the learned Special Judge convicted the respondent upon assessing the evidence of 40 (forty) prosecution witnesses and 8 (eight) defence witnesses but the High ..Category: Criminal Law | Date: | Hits: 2
Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ......th law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ...... 3(three) months more. 4. We have perused the impugned judgment and heard the learned counsel of both the parties. 5. The High Court Division by a lengthy judgment on assessment of the evidence held that the petitioner was guilty of the charge brought against him under section 494 of ..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ......mad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ......bitrarily stated, exercising his power under section 241A Cr.P.C. that the offences have not been proved which finding he has no jurisdiction to give without giving the prosecution a chance to adduce evidence because there is a world of difference between making out a prima facie case and proving a ..Category: Criminal Law | Date: | Hits: 1
....y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......ivision
(Civil Revisional Jurisdiction)
Present:
Syed Fazle Ahmed J
Abdul Mannan Shah & others........................................Petitioners
Vs.
Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others ……………Opposite......ssion as P.W.1 defence side also examined 6 witnesses in support of their case.
6. The plaintiff Kafiran Nessa Bibi, who was aged 80 years before her death, deposed in this case as P.W.1. In her evidence she asserted that she never intended to make deed being deed of Hiba‑bil‑Ewaj in respec..
Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......wdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..Category: Criminal Law | Date: | Hits: 1
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......f stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......he Appellate Division I proposed to dispose of the Rule in the absence of the petitioner. 8. From the impugned judgment in appears that the learned judge of the appellate Court after assessing the evidence properly came to a definite finding that the petitioner filed the instant Miscellaneous Cas..Category: Procedural Law | Date: | Hits: 28
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ...... report as opposed to the shore tank survey report and after giving 1% ocean allowance there remains no shortage whatsoever. Having considered the plaint, written statement, both oral and documentary evidence adduced by the parties it appears that a quantity of 5.754 metric tons tallow was found sho..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......le fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......f) read with section 19A of the Arms Act, 1878 and charge was read over and explained to the accused who pleaded not guilty and claimed to be tried as per law. 6. After the closure of recording of evidence, the accused have been examined under section 342 of the Code of Criminal Procedure during ..Category: Criminal Law | Date: | Hits: 36
.... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
......er as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
......s in Batwara Khatian No.38 were self acquired properties of Arman Mir or joint properties of the two brothers and which khatian would prevail over the other.
4. The trial Court on consideration of evidence found that suit properties were joint properties of the two brothers Arman Mir and Jamirudd..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ...... date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ...... the following matters, namely:- (a) Summoning and enforcing the attendance of any person and examining him on oath; (b) Requiring the discovery and production of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or copy thereof from any office; and ..Category: Procedural Law | Date: | Hits: 24
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......HCD) (2009) 471. ......cuments that the parties may choose to file while arguing the injunction matter. A plaintiff may make any amount of tall claims in the plaint but if the plaintiff cannot substantiate his claim by any evidence of any nature whatsoever during the hearing of temporary injunction matter, then it cannot ..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......rder to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......ed in Abdul Quader Chowdhury and others Vs. The State reported in 28 DLR (AD) 38 he submits that the High Court Division should not invoke upon an inquiry under section 561A of the Code as to whether evidence is reliable or not because the function of the trial Court after examination of witnesses i..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ...... Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......refore, they have been heard together and are being disposed of by this Judgment which will govern all the appeals including the death reference. 3. The prosecution case, as it transpires from the evidence of the informant P.W.1 Abul Hossain, in short, is that on 5-3-1995 at about 4-00 PM his unc..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. 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: 13 BLC (HCD) (2008) 63. ......ostofa and others…………………………………Opposite Parties Judgment September 10, 2007. Result: The Rule is discharged. Case Referred to- Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, 49 DLR 456. Lawyers Involved......ent marked Exhibit "A" series in support of his case while the defendant examined 3 D.Ws. and produced some document marked Exhibit "Ka" series in support of their case. 6. In consideration of the evidence trial Court dismissed the suit. Plaintiff preferred Title Appeal No.147 of 2003 in the Cour..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......ompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......rbitrator entered on the arbitration proceedings on 17-1-1993 and both the parties appeared before the Sole Arbitrator and the Petitioner submitted its written claim on 2-1-1995 and also filed oral evidence on the same date. 12. It further appears from memo No. Mabak/ Ni-Pro/B-5/77/Port-1/89-12..Category: Alternative Dispute Resolution | Date: | Hits: 96
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......ation is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......se and submitted charge-sheet dated 22.12.83 against the two accused-petitioners under sections 408, 467, 468, 471, 420/109 of the Penal Code stating that during investigation by oral and documentary evidence it was established that accused-petitioner Md. Rafiqullah (Head Master of the school) in co..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......end down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......five) witnesses, namely P.W.4, Amirun Nessa, P.W.6, Habi Sheikh, P.W.7, Md. Mostafa, P.W.8, Shafura Khatoon and P.W.9 Nasima Khatoon. The defence examined none. 6. After closure of the prosecution evidence the accused on dock were examined under section 342 of the Code of Criminal Procedure when ..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......eriod of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......the examination of the prosecution witnesses, the accused Yunus was examined under section 342 of the Code of Criminal Procedure to which he expressed his innocence and the defence did not adduce any evidence on his behalf. 8. The defence case, as it transpires from the trend of cross examination..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......e. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......ill fighting. 18. In this suit particularly in the Appeal arising out of the same, the question as to the genuineness or otherwise of the Bainapatra, has not been raised at all, therefore, the evidence led by the parties in support or against the same need not be gone into, as such, we do n..Category: Civil Law | Date: | Hits: 133
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