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Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Amena Begum…………………………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The ....... 5. After hearing the learned Assistant Judge, by the order dated 9-3-2003 rejected the Miscellaneous case holding that the pre-emptor could not prove regarding his ailment by adducing sufficient evidence. Against which the pre-emptor preferred Civil Revision No. 2176 of 2003 before the High Cou..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......s cause of action for suit; (6) the questions raised by the petitioner are denied by the Bank and therefore, the disputed questions of facts cannot be decided in writ jurisdiction without taking evidence and the learned Judge of the Adalat on consideration of the facts and circumstances of the ..Category: Civil Law | Date: | Hits: 176
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......her submits that there is no legal bar for fresh requisition for a public purpose of any property which was previously derequisitioned and that notices under section 5(7) having been published as evidence from Annexures-B-B(l) to the writ petition as well as by Annexures 1, 2 and 3 respectively ..Category: Property Law | Date: | Hits: 89
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......ontinue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......unt the defence version of the case." 21. In the said case at paragraph 12, it has been observed:- "High Court Division unless see that on the facts disclosed in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of prosecution materi..Category: Criminal Law | Date: | Hits: 103
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ...... with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......any rejoinder claiming that the contents of the impugned publications was false, which is a disputed question of fact as well as defence plea which can be decided by the trial Magistrate after taking evidence. 10. On going through the materials on record, it is also found that the Magistrate on e..Category: Criminal Law | Date: | Hits: 81
.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......clared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......x parte proceeding the Court has a greater responsibility and the Court has to be more careful in considering the papers on record and passing the judgment with clear findings and reference as to the evidence on which the case could be said to have been proved and since there is no such findings in ..
Category: Labour and Industrial Law | Date: | Hits: 190
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
.... Refining Co. Vs. Irving, 1905 A.C. 369 where it is in effect laid down that while provisions of a statute dealing merely with matters of procedure may properly, unless that cons ruction is textually inadmissible, have retrospective effect attributed to them………..” Maxwell in his Book on......discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ...... down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......Lastly, on 5.2.82 though the accused was himself absent the learned Magistrate passed the acquittal order holding the accused to be not guilty merely because the P.Ws. were absent after expunging the evidence of as many as 7(seven) P.Ws. who were 3(three) teachers of the School, 3(three) Members of ..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......ith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......pport his case by proof of a fact which is peculiarly within his own knowledge, of which he is supposed to be cognizant. . . the burden denotes the duty of establishing by a fair preponderance of the evidence the truth of the operative facts upon which the issue at hand is made to turn to be substan..Category: Criminal Law | Date: | Hits: 74
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......s hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......f WT. Bangladesh as a nominee of WCI By a letter dated 12-7-2005 his nomination as director was cancelled by WCI. The complainant Managing Director of WT. Bangladesh has come across information and evidence to the effect that, while the accused No.1 was Director of WT Bangladesh the accused commit..Category: Criminal Law | Date: | Hits: 124
.... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......tion. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
...... i.e. regarding property. Where such dispute is raised this Court acting under Article 102 does not invoke its power to resolve the dispute which can very well be resolved in the aforesaid suits on evidence. We do not find any such right to infringe. Mr. Karim drawing our attention to Rule issued ..
Category: Civil Law | Date: | Hits: 119
.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......3, 2007.
Result:
The Rule is discharged.
The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, o......pheld by the High Court Division.…………………………………(25)
The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115
Except on the gross non-consideration of material evidence, the High Court Division under section 115 of the Code of Civil Procedure can not interfere..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......esent: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and others……………………Plaintiff-appellant-opposite-Parties Judgment April 16, 2008. Result: The rule is made abso......hat he will not contest the suit and he relinquished his claim over 20 decimals of the suit land bearing Plot Nos. 166 and 167. 10. The learned trial Court after concluding the trial, examined the evidence on record and after perusing the exhibits, papers and documents dismissed the suit. 11. ..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......rs.............................Opposite parties Judgment February 6, 2008. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 of the Code of Civil Procedure is to do justice where is there is no specif......g pre-emptory hearing, evidence was adduced to the effect that Ayesha died after 6/6 years of the liberation of Bangladesh. 4. The preemptor adduced 3 P.Ws. and the pre-emptee did not adduce any evidence by themselves to deny the preemptor's case. 5. The learned Assistant Judge on consider..Category: Procedural Law | Date: | Hits: 162
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......wer Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......the convict-appellants including the two other accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 7. The defence case as could be gathered from the trend of cross examination is total d..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......rector General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......……………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(..Category: Criminal Law | Date: | Hits: 99
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ......n, Advocate - For the petitioner. Rafiqul Islam Mehedi, Advocate - For the-opposite party. Civil Revision No.2690 of 2004. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 25-05-2004 passed by the lea......, the learned Advocate appearing for the petitioner seeks to impeach the impugned judgment and decree of the Court of appeal below on the two-fold arguments. Firstly, the plaintiff could not prove by evidence that the marriage was consummated, so she is not entitled to get a decree for the entire am..Category: Family Law | Date: | Hits: 180
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......ed under section 4 of the Anti‑Terrorism Act of 1992 and each was sentenced to suffer RI for 5 years and also to pay fine. 2. It is not necessary to state the prosecution case or to consider the evidence on record as, it appears, the Rule was issued only on the ground as stated in the Rule appl..Category: Criminal Law | Date: | Hits: 99
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ...... (HCD) (2012) 229. ......y 3 days time for releasing the goods with full payment. He finally denied the suggestion that the Garlic pledged in the godown are rotten or spoiled. 10. The learned Judge in consideration of the evidence on record dismissed the suit of the plaintiff as well as dismissed the counter claim of the..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Emdadul Haque J Nurul Islam Shaikha and others……………………….Petitioners Vs. Shahadat Hossain & others…………………………Opposite Parties Judgment March 14, 2011. Resu......w of contract is applicable to such a document……………………………….(29, 30 & 31) The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 If there is misreading of evidence and non consideration of some material evidence then it is incumbent on the revisional Co..Category: Property Law | Date: | Hits: 139
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