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Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......eque money and that in spite of receiving the money; the complainant did not return the bounced cheques. These are disputed facts which may at best be looked into at the time of trial on the basis of evidence. 8 The main question involved here is to see whether there was any justification to pass..

Category: Procedural Law | Date: | Hits: 128

Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......(2009) 299. ......rrived at a wrong decision and the judgment and decree passed by it ate neither proper nor in accordance with law. He next submits that the trial Court upon proper consideration and discussion of the evidence of the witnesses, documents and exhibits, took a right decision finding that the plaintiffs..

Category: Administrative Law | Date: | Hits: 452

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......e lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......n Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of fact and circumstance of the case..

Category: Criminal Law | Date: | Hits: 74

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ...... quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ......plied with to acquire the land in question in LA Case No. 5/72-73. Their Lordships also observed that even the recitals of the gazette notification (Annexure-C and D to that writ petition) also carry evidence of compliance of the mandatory provisions of law referred to above. Keeping in view the not..

Category: Property Law | Date: | Hits: 121

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with SM Fazlul Huq, Advocates-For the Appellant. Khondaker Mahbubuddin Ahmed with Md. SR Khoshnabish, Advocates-For the Respondent. First Appeal No.597 of 1999 with ...... 25‑11‑93 the defendants, although duly notified, did not appear before the arbitrator Mr. Justice Abdur Rahman Chowdhury, as a result of which the case was taken up for ex parte disposal and the evidence of P.W.1 Mr. MR Sikder was recorded and documents were marked exhibits (Exhibits 1‑38). T..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

.... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......leque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defen­dants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession……………â€......ghter of Abdul Khaleque became a competent witnesses. He further submits that a revisional Court cannot re­open the factual aspect of the case, only in case of misreading or non-reading of materials evidence or non consideration of evidence on record or miscon­struction or any document revisional ..

Category: Procedural Law | Date: | Hits: 137

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......ord along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......r face value and accepted in their entire­ty, do not constitute the offence as alleged. (5) The allegations against the accused although constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove..

Category: Criminal Law | Date: | Hits: 92

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......te party No.1 nothing has been argued on the merit of the case, but we have looked into the judgment of both the Courts below. It appears that after examination of some witnesses and appreciating the evidence the trial Court passed the decree allowing maintenance to opposite party No.1 and her son. ..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......e all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......inistration 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, Justice delivery system cann..

Category: Criminal Law | Date: | Hits: 98

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......ruthfulness of prosecution case and this non-examination gave rise to a legal inference that if they would have been examined they would not have supported prosecution case. 8. In the case in hand evidence and materials on record are much below the standard required to demand a conviction upon co..

Category: Criminal Law | Date: | Hits: 125

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......ords. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......decree holder only. 5. The petitioner examined 2 P.Ws. and plaintiff opposite party examined opposite party no.1 to prove their respective case. 6. The Joint District Judge upon considering the evidence and records, dismissed the Miscellaneous Case by order dated 25.4.2004. 7. Against the a..

Category: Procedural Law | Date: | Hits: 133

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......ainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......tioners either orally or in writing nor any witness was produced before them to substantiate the vague and unspecified allegations set out in the said show cause notices. It is further stated that no evidence whatsoever was recorded or existed and none of the witnesses was ever produced before the i..

Category: Constitutional Law | Date: | Hits: 300

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......baria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ...... this respect law spares none………………………(9) Relationship of the witnesses with a party Relationship of the witnesses with a party cannot be the sole ground of disbelieving their evidence unless contradiction and inherent infirmity are found in their evidence. . . When the occur..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......2011. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115(1) Scope of section 115(1) A Court of revi­sion under section 115(1) CPC can interfere with the findings of fact as the final Court of facts only in exceptional circumstances wh......e with the findings of fact as the final Court of facts only in exceptional circumstances when the findings are shockingly perverse or these are vitiated by non reading and misreading of the material evidence or mis-construction of any important documents affecting the merit of the suit…………â..

Category: Procedural Law | Date: | Hits: 111

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......ice is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......ght witnesses, while the defence examined none. The defence case, as it appears from the trend of cross-examination, is one of innocence and false implica­tion. 8. Upon conclusion of recording of evidence, the appellant was examined under section 342 of the Code of Criminal Procedure during whic..

Category: Criminal Law | Date: | Hits: 62

Al-Haj Abdul Maleque GaziVs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....es of the case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 373. ......stant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 373. ......es of the case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 373. ..

Category: Property Law | Date: | Hits: 73

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ...... Emdadul Hoque J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite par­ties Judgment June 24, 2009. Result:......rding the suit property and the plaintiffs have manufactured forged deed for grabbing Government vested proper­ty and the suit is liable to be discharged. 5. At the trial both the parties adduced evidence to prove the case. The plaintiffs adduced 4 P.Ws. On the other hand Government examined D.W..

Category: Property Law | Date: | Hits: 96

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ......er, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ......nd his co holders of shares has been materialized subject to result of this writ petition. It has been further categorically denied that the writ petitioner complied any of the terms of Annexure-B as evidenced form the admission made in Annexure-12, a letter written by the writ petitioner and also s..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......ected to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......the Court of Munsif, 1st Court, Sylhet in the name of the deities styling Ramani Mohan as Shebait, so that she being a Baishnabi might succeed him as next Shebait. The rents suit were filed to create evidence concerning the suit land that such land were debuttar Property. The said lady gave Ramani M..

Category: Property Law | Date: | Hits: 102

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......ms and ammunition was recovered from the control and possession of convict appellant Mirza alias Mizan and the learned special Tribunal most illegally convicted the accused appellant having no proper evidence. He further submits that convict appellant is innocent and as such the appeal should be all..

Category: Criminal Law | Date: | Hits: 65