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Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......The State & others……………………………………………………Opposite-Parties Judgment September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management......me has been leased out to defendant No.4. 5. Defendant No.4 filed a separate written statement but did not turn up at the time of trial. The learned Subordinate Judge, on consÂideration of the evidence on record, decreed the suit on contest with costs against defendant Nos.1 and 2 and ex part..Category: Property Law | Date: | Hits: 64
....above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
...... Courts’ records.
Ed.
This Case is also Reported in:
......ding plaintiff No.1 Samir Kumar Nath as P.W.1 and two deed writers, namely, Bhabesh Banarjee (P.W.2) and Elahi Box (P.W.3), who scribed the agreements and sale deeds respectively.
P.W.1 adduced in evidence two sale agreements as exhibits-1 and 1(a); two sale deeds as exhibits-2 and 2(a); two S.A...
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... concerned 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: 64 DLR (HCD) (2012) 378. ...... date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......following matters, namely:- (a) Summoning and enforcing the attenÂdance of any person and examining him on oath; (b) Requiring the discovery and producÂtion of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or copy thereof from any office; and ..Category: Property Law | Date: | Hits: 66
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ......ed in: 15 BLT (HCD) (2007) 300. ......prayed for an adjournment as his engaged learned advocate was not in a position to cross-examine the witnesses for his personal difficulties but the Court below after rejecting the prayer, closed the evidence, fixing 17-04-2006 for argument. 5. On 17-04-2006 the petitioner filed two applications,..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......0) 89. ......tiffs, (3) the status of the defendants as licencees and (4) the relief prayed for and (5) other reliefs if any. 5. During trial both the plaintiff and defendant sides adduced oral and documentary evidence. On consideration of the evidence the trial Court decided that the plaintiffs have failed t..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......n the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......ands? VI) Whether plaintiffs were entitled to the reliefs as prayed for? 7. During trial plaintiffs examined 3 P.Ws. and the defendants examined 2 D.Ws. and both the parties adduced documentary evidence which were marked exhibits in support of their respective case. 8. Trial Court hearing t..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......ubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......s no bar, as in the case under consideration, on interference under section 561A of the Criminal Procedure Code for deciding upon such question. But, when determination of such question would require evidence to be taken in the course of trial, then proper course is to leave such question for determ..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Abul Kalam (Md.) and others………………………………..Petitioners Vs. Md. Shamsuddin………………………………….Opposite Party Judgment June 24, 1997. Result: ......Advocate further submits that since this question was never raised before the trial Court and no issue was framed thereon the petitioner did not get any opportunity to meet this objection by adducing evidence. The learned Advocate has drawn my attention to the affidavit duly sworn in by the pre‑em..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......e without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......pposite party Nos.3 to 5 proved and exhibited the kabala dated 23‑4‑59 as well as kabalas dated 5‑4‑86 including the rent receipts as Exhibits‑A to C(3). The trial Court on consideration of evidence on record decreed the suit on finding that the plaintiff‑petitioner purchased the suit la..Category: Civil Law | Date: | Hits: 59
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ...... to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Md. Abdul Awal with Chowdhury Nasima, Advocates — For the Petitioner. Shihabuddin Mahmud, Advocate — For the Opposite Parties. Civil Revision No. 5078 of 1995. Judgment ...... Taher (plaintiff No. 1) who narrated the plaint's case, P.W. 2, Kala Mia son of late Munsur Ali, P.W. 3 Kala Mia son of late Sekander Hossain, P.W. 4 Md. Bazlul Hoq, were examined to corroborate the evidence of P.W. 1. They proved their documents which were exhibited and marked as Exhibits 1-5 Defe..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ...... once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......mptee No.2 examined 2.O. P.Ws. The pre-emptor adduced documents which were marked as Exhibit Nos.1-3 and the documents adduced by pre-emptee No.2 were marked as Exhibit A and B. 8. Considering the evidence on record, the trial Court allowed the miscellaneous Case. On an appeal therefrom at the in..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ......in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ......n witnesses it appears that the defence case is of innocence and that the accused-appellant has been falsely implicated in the instant case at the behest of his inimical quarter. After closing of the evidence the accused-appellant was examined under section 342 of the Code of Criminal Procedure wher..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......nt and Order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......to place his argument on the basis of the decisions given in a case Abdul Kader Chowdhury, reported in 28 DLR (AD) 28. He has categorically stated that this case as stands in absolutely lack of legal evidence; as such the very proceeding will be sheer abuse of the process of the Court causing unnece..Category: Procedural Law | Date: | Hits: 59
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......€¦â€¦.Opposite parties Judgment July 8, 2008. Result: The rule is discharged. Case Referred to- Daibakilal Vs. Iqbal Ahmed, 17 DLR 119; Hupen Majhi Vs. Abdul Khair, 25 DLR 3; Paul Reinhurt Ltd. Vs. Prime Textiles Spinning Mills Ltd., 22 BLD 41. Lawyers Involved: Abdus Samad w......and thereby committed an error of law resulting in the decision occasioning a failure of justice. He again submitted that the lower appellate Court also committed an illegality in not considering the evidence both oral and documentary arid most illegally affirmed the Judgment and decree passed by th..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......ned none. 7. After examination of the P.Ws., the accused Nur Hossen was examined under section 342 of the Code of Criminal Procedure to which he again pleaded not guilty and declined to adduce any evidence or file any documents. 8. The defence case as it appears from the trend of cross-examina..Category: Criminal Law | Date: | Hits: 77
....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
......ith the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
...... define the sites of proposed roads, public and other buildings and works, or fields, residential etc. Section 74 provides for publication of the Master Plan by notification which shall be conclusive evidence that the Master Plan has been duly made and approved and, thereafter, it will be unlawful f..
Category: Environmental Law | Date: | Hits: 434
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......med Ali, Advocate-For the petitioners. Md. Serajur Rahman, Advocate-For the opposite party Nos. 1-4. Civil Revision No.1106 of 1990. Judgment Sheikh Abdul AwalJ.-This Rule is directed against the judgment and decree dated 12.041990 (decree signed on 18,041990) passed by the learned Subo......the suit and the plaintiffs examined 4 P.Ws. and defendants examined 4 D.Ws. and both the parties exhibited a series of documents in support of their respective cases. 5. Upon consideration of the evidences on record, the trial Court dismissed the suit by the impugned judgment and decree dated 14..Category: Property Law | Date: | Hits: 57
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......th the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ination of the prosecution witnesses, the accused perÂsons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence and the defence did not adduce any evidence on their behalf. 8. The defence case as it transpires from the trend of cross-examinatio..Category: Criminal Law | Date: | Hits: 60
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......urt Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ...... that on 4.7.2000 after disposal of the original suit RAJUK evicted the plaintiffs and other unauthorized occupants and took possession of the suit land. 4. The trial court on consideration of the evidence on record dismissed the suit with the observation that the document of delivery of possessi..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......n to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......e No.66 of1984 had not been served directly. In rendering said decision learned Appellate Judge took into account Exhibit-Ka i.e. return of service of summons upon plaintiff-opposite party and, also, evidence of D.W.3, Process Server. ii. Plaintiff-opposite party at the relevant time had been out..Category: Property Law | Date: | Hits: 64
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