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State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......h weight and since there is no contradiction in his evidence as well as in his statement given to the Magistrate and also to the investigating officer as to the material particulars and regarding the nature of injuries as inflicted upon the victim is consistent with the medical report, the High Cour..Category: Criminal Law | Date: | Hits: 56
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......or the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......int District Judge, Chittagong for effecting partition and for final decree. In the plaint, the respondent No.1 plaintiff categorized schedule 'Ka' to 'Cha' as his ancestral village properties of the nature of homestead, nal, pond and ejmali land with other third party co-sharers out of which he cla..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......esult, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......tion money was passed as such it is proved beyond reasonable doubt Exhibit-6 was valid agreement for sale. Learned Advocate here referred to section 67 of the Evidence Act where requirement of the signature how proved and also section 68 of the Evidence Act in support of proving of signature and sub..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ...... section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......রা ফেলামু”। 18. He also stated that when victim Biplob narrated the story Kader, Zia, Kazimuddin, Mithu, Abul and many others were present there, P.W.1 proved ejahar and his signature on it, which has been marked as exhibits-1 and 1/1. He also proved the inquest report and his..Category: Criminal Law | Date: | Hits: 76
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......sts. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......title, the plaintiff sought for rectification of the impugned deed under section 31 of the Specific Relief Act. The Court of appeal below as well as the High Court Division totally confused as to the nature of the suit the plaintiff was required to file for the relief. The Court of appeal below was ..Category: Property Law | Date: | Hits: 49
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......hanara Begum Vs. AL Md. Shamsul Haque, 27 DLR (AD) 129; 1977 AIR, Orissa 184; 1925 AIR Calcutta 26; AIR 1960 Bombay 238; 1978 AIR Jammu and Kashmir 85; AIR, Nagpur 234; 42 DLR page 72; 1983 BLD 274; Hingu Lal Vs. Baga Ram, 1902, 24 All ER 53; Mst. Jahanara Begum Vs. ML Md. Shamsul Hoque, 27 DLR (AD)......le suit, in which case there will be no end to the dispute. He also submits that an eviction proceeding under section 18 of the Premises Rent Control Ordinance is more or less a summary proceeding in nature and in such a suit a third party should not be added. In support of his above submissions he ..Category: Property Law | Date: | Hits: 50
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ...... once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ...... which the defendant is liable to be called upon to answer his demand which is lacking in the present case. Furthermore, on a careful perusal of the averments of the plaint, it appears to us that the nature of allegations as brought against the defendant-petitioner for causing loss amounting to Tk. ..Category: Civil Law | Date: | Hits: 97
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......ischarged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......ct that the interest in the land was lease‑hold right. The minutes of the said meeting Annexure‑VII was also signed by the Managing Director of the petitioner company with the knowledge about the nature of the land whereupon the factory situates as there is reference in the minute that lease wil..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......Case is also Reported in: 44 DLR (HCD) (1992) 136....... head. On dissection extea vassation of blood was seen underneath. On further dissection no body lission was found. The doctor opined that the above noted injuries were ante‑mortem and homicidal in nature and death was due to cardisrespiratory failure as result of drowning which was ante‑mortem ..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......en (1914) Chancery Division, 904; Shikharchand Vs. Mst. Bari Bai, AIR 1974 (Madhya Pradesh), 75; Kassamali Afibhoy Vs. Shaikh Abdul Sattar, PLD 1966 (WP), Karachi, 75; Wazedunnessa Khatun Vs. Daliluddinand others; 25 DLR 418. Lawyers Involved: Rokanuddin Mahmud with Murad Reza, Advocate‑For ......it itself is not maintainable or the suit is premature or that the court has no jurisdiction to entertain the suit, though part of the claim is admitted. It is a clear admission and very defensive in nature and appears to have been made in the interest of the company. This petition for vacating the ..Category: Civil Law | Date: | Hits: 104
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......he lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......W.1 Md. Abdul Malek Miah, the Officer-in-Charge of Naldanga Police Station in his deposition reiterated the statement made in the First Information Report and he proved the same and identified his signature on it as exhibits-1, 1/1, 1/2, 1/3. 18. In his cross-examination he stated that he prepar..Category: Criminal Law | Date: | Hits: 82
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ...... This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......handraganj to give him treatment by a doctor. The plaintiff agreed to that proposal and went to Chandraganj. Thereafter the defendant Nos. 1 and 2 and their respective husbands managed to get some signatures of the plaintiff in some papers and using the same created the impugned deed fraudulently. H..Category: Limitation Law | Date: | Hits: 219
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......urisdiction, the power to review an order made by the High Court in its writ jurisdiction will be available to it under the said section 114. The Civil Procedure Code regulates civil proceedings. The nature of the proceeding does not necessarily depend on the nature of the jurisdiction of the Court ..
Category: Civil Law | Date: | Hits: 87
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......f our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ilitation had gone unheeded.” The aforesaid statement is absolutely vague without giving any material particular for consideration of this Court from which this Court can form its opinion as to the nature and circumstances under which the delay was caused. The quoted statement, in our opinion, doe..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......sed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ...... as against the rest of the world, that is, it is a judgment in rem as distinguished from a judgment in personam. According to section 42, a judgment is relevant if it relates to any matter of public nature but it is not a conclusive proof of the fact it states. The judgment, Exhibit-(M-2) is not co..Category: Property Law | Date: | Hits: 116
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......d in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......by deed is a preclusion against the competent parties to a valid sealed contract to deny its force. The doctrine rested originally upon the idea that written evidence was a higher and more conclusive nature than verbal. The truth could better be established where the parties had agreed to bind thems..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......dgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......i.e. long before the imposition of Emergency on 11th January, 2007. The deposition of P.W.38 and P.W. 39 namely, Zahir Hossain and Khan Md. Aftab Uddin are contradictory which has totally changed the nature and character of allegation under Section 161 of the Penal Code read with Section 5(2) of the..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......solute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......ed Advocate till the 17th of April, 1973 the petitioner should be deemed to be a citizen of Bangladesh. The learned Advocate has contended that the expression "do not qualify" is not retrospective in nature and as such it must be read prospectively. In this connection the learned Advocate has referr..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......l be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......In the case reported in 13 DLR 531 same as 1960 PLD (Dhaka) 1022, the judgment‑debtors were restrained from interfering with the possession of the decree‑holder in the suit land from changing the nature of the land. The decree‑holders filed an execution case alleging that the judgment‑debtor..Category: Civil Law | Date: | Hits: 100
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......he Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... which will vary from case to case." 11. Proceeding on the above this Court finds that at the very least there is required in the facts and circumstances of this case a thorough examination of the nature of the civil works intended to be under taken on the acquired land, the extent to which it fu..Category: Property Law | Date: | Hits: 104
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