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Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ...... lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......puty Commissioner, as the case may be, makes a decision for acquisition of the property under sub-section (1) of the proviso to section 4(3) (b), as the case may be, such decision shall be conclusive evidence that the property is needed for a public purpose or in the public interest. Section 6. N..Category: Property Law | Date: | Hits: 62
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......etitioner issued a cheque being No.3308670 for the amount of Taka 55,13,320/- and the accused petitioner assured him that the rest of the amount will be paid subsequently. It further appears from the evidence on record that thereafter the opposite party No.2 deposited the cheque on 08.08.2007 for en..Category: Criminal Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......er Vs. Abdur Rahman Kha………………………..Opposite Party Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies aga......he appellate Court. 10. None appears to oppose the rule. 11. On perusal of the impugned judgments passed by the learned Courts below, it appears, the learned trial Court on consideration of the evidence and materials on record by his judgment and decree dated 25.05.1999 once decreed the suit d..Category: Civil Law | Date: | Hits: 114
....ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......ed in: 30 BLD (HCD) (2010) 444.
......ur Rahman, the learned Advocate appearing for the petitioners placed the revisional application and the impugned judgment and decree and submitted that the learned trial Court on consideration of the evidence and materials on record having decreed the suit the learned appellate Court committed error..
Category: Civil Law | Date: | Hits: 103
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nirmal Chandra Halder…………………............Petitioner Vs. Hasina Begum and others ………..............Opposite Parties Judgment October 10, 2012. Res......d prima facie title and exclusive possession over the suit land and whether they were entitled to get the relief as prayed for. 6. Both the parties examined their witnesses and adduced documentary evidence in favour of their respective cases. After conclusion of trial, learned Senior Assistant Ju..Category: Civil Law | Date: | Hits: 73
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......ected to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......oundation for recounting of ballot papers. The opposite party No.1 of the election petition seriously contested the plea of recounting of ballot papers. 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by Judgment and order dated 24-7-05 allow..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......nt down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......pting the view that learned Judge of High Court Division committed no illegality in refusing to interfere with finding of fact arrived at by lower appellate Court which was passed on consideration of evidence. Legal controversy was ultimately laid at rest by highest Court of the land i.e. Appellate ..Category: Property Law | Date: | Hits: 69
....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......tion may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......d also the law. It is further argued that as is customary with the company notice of the Board meeting was served upon plaintiffs 2 and 4 by hand. He submits that the service of notice is a matter of evidence which cannot be decided while disposing of the injunction petition. He also submits that th..
Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......mined by the prosecution while defence produced four witnesses of whom the learned Assistant Sessions Judge examined only one D.W. and refused to examine the other 3 D.Ws. 4. After considering the evidence, the learned Assistant Sessions Judge held that thecharge was proved and accordingly he pas..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......ুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... did not know what were the charges that they were implicated with, because they were neither supplied any paper nor were the charges read over to them. They did not have the slightest idea as to the evidence that were to be adduced against them. 33. All the accused, including the petitioner No.1..Category: Criminal Law | Date: | Hits: 154
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......mmunicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......ed by the plaintiff-appellant. 6. Mr. SA Rahim appearing with Mr. Syed Abdus Salam, the learned Counsel appearing on behalf of the appellant, after taking us through the plaint, written statement, evidence of DW and different exhibits from the record, contends that the learned Subordinate Judge c..Category: Civil Law | Date: | Hits: 95
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......ower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......nistration of Criminal Law and Justice Delivery System is the innocence of alleged accused and till charges are proved beyond shadow of doubt on the basis of clear, cogent, credible and unimpeachable evidence, question of indicting or punishing an accused does not arise. Right of accused to obtain b..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......on (Civil) Present: AFM Abdur Rahman J Hashem Ali & Others……………………….Defendant-respondent-petitioners Vs. Suruj Ali & Others…………………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made abs......a and also filed the original copy of the registered sub-kabala being No.600, dated 17.1.1940 which has been marked as Exhibit-Kha. 6. The learned Assistant Judge upon framing issue considered the evidence on record and the Exhibited documents and decreed the suit in part on contest in Preliminar..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......f law in view of any legal complicacy can invoke the review jurisdiction of the Full Board. But in the present case, the Full Board granted review without discovery of any new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge, or could not be p..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......…………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: The appeal is allowed. In an ordinary commercial credit transaction normally there are four parties. The parties are (i) the buyers ......n such view of the facts the plaintiff sought to stop payment of the concerned import bills, until his clearance. 11. The allegations as made by the plaintiff are absolutely the subject matter of evidence. 12. In an ordinary commercial credit transaction normally there are four parties. The p..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......e result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......e it is established that an act was a obliterate act and was not the result of accident or rashness or negligence, it is obvious that the offence would be culpable homicide. 16. Without taking any evidence, it is not possible to ascertain whether the act of the accused petitioner was intentional ..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......sion Judgment here.
Supreme Court
High Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgme......ined the present Rule.
7. Mr. Abul Quasem, the learned Advocate appearing for the plaintiff-petitioners in the course of argument after placing the judgments of two Courts below and other material evidences including the exhibits submits that the plaintiff-petitioners having been succeeded to pro..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ...... alleged that the accused petitioner committed offence violating the terms and clauses (IV) and (V) of the letter of disclaimer. The offence as alleged to have committed is subject to prove by taking evidence. Since there is prima facie offence against the accused petitioner, the proceeding started ..Category: Procedural Law | Date: | Hits: 79
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......is reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division Disputed question of fact cannot be gone into in writ jurisdiction because it needs evidence as well as a local inspection. In the proceeding under Article 102, it is not desirable, mo..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved Dr. Md. Eunus Ali Akond with Fazlul Haque, Advocates — For the Petitioners. Md. Raflqul Islam (Heru) with Abul Kalam Mainuddin, Advocates — For the Opposite Party. Civil Revision No. 908 of 2002. Judgment Fa......he petitioners, placed the revisional application, the impugned judgments and decrees, and the depositions of the P.W.s and DWs on record and submitted that the learned trial Court on considering the evidence and materials on record having found that the plaintiff could not prove his case and having..Category: Procedural Law | Date: | Hits: 69
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