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.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......ners became 'Malik' directly under the Government, which is evident by the gazette notifications, Annexure S and S(1) to the writ petition and long continuous possession by the petitioners admittedly evidenced by SA record-of rights and RS record-of-rights, respondent No. 2 has got no right or inter..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......d. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. .......(36) The appellants were members of the unlawful assembly armed with deadly weapons and they came with the condemned prisoner to the place of occurrence with the said weapons in their hands. This evidence is sufficient to hold them liable for the offence under section 144 of the Penal Code, 1860..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......an election case and is not a mandate of the Order and the case was allowed to proceed without framing issues afresh. 9. Evidence There were 5 witnesses, including the Petitioner, who gave oral evidence in support of the petition, whereas 3 witnesses, including the Respondent deposed in suppor..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......or a declaration that those deeds are not binding upon the plaintiff, as well as for partition of his share of the undivided dwelling house. 3. The learned trial court on detailed consideration of evidence of the witnesses and on proper scrutiny of the documents legally brought on record decreed ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......ther case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... section 320 eighthly is no exception to the general rule of law that a penal statute must be construed strictly……………………..(18) It is an established principle of law that unless the evidence as to inflicting grievous hurt is clear and specific, conviction and sentence under section..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......tice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/harassment must be treated as direct and..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......t once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......District Judge shall order notice of the application to issue to the borrower and his surety together with copies of the applications, the order passed by the District Judge under clause (3), and any evidence which may have been recordÂed at the time of the order under clause (3), calling upon the ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......r. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......omplainant failed to adduced the said diary before the Court at the time of hearing, moreover, the complainant even failed to make a statement what is noted in the diary, which prove that there is no evidence of any writing by the accused petitioners on the diary of the complainant, as such, the pro..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......e appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ...... 31 The Penal Code, 1860 (Act No. XLV of 1860); Section 304, Part II. The EviÂdence Act, 1972 (Act No. I of 1972) Suggestion without being proved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally ev..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......osts. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... the plaintiff used that passage as his pathway to the MuÂnicipal Road, plaintiff and others have got no necesÂsity to use the suit pathway. The suit is false and liable to be dismissed. 5. Oral evidence were adduced and local investiÂgation was made at the trial. The learned Court on consider..Category: Civil Law | Date: | Hits: 189
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......e of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, rule 31 The Specific Relief Act, 1877 (Act No. I of 1877), section 27 A conveyance document is concluded agreeÂment and the same is binding upon both the parties until and unless it is cancelled…………………(14) While deli......g to the provision of Order XLI, rule 31 of the Code of Civil Procedure and it should not be very short cut judgment and should not suffer from misreading and non-reading and non consideration of the evidences on record. In such cases, the judgment will be liable to be set aside………………(15..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......lbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......n Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fixed in other marriages of the girls of that family, the family status of t..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Nur Mohammad……………………Defendant-Appellant-Petitioners Vs. Serajul Islam and others………………………Plaintiff-Respondents Judgment February 9, 2012. Result: The Rule is discharged. The Tra......d the defendant have been owning and possessing the suit land for more than 33/34 years. Thus the suit is liable to be disÂmissed. 4. The trial Court after hearing the parties and considering the evidence on record decreed the suit by his Judgment and decree dated 31-1-1994. 5. Against which ..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......…Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
The Rule is made absolute in part.
The record of rights prepared in the name of the government during the last revisional s......uments, which were marked exhibit 1 to 4, the defendants examined one Tahsilder and produced a sketch map of the periphery of the hat, which was marked as exhibit-'Ka'.
8. The trial Court upon the evidence, oral and documentary on the record found that the suit land was recorded in the 'serestha'..
Category: Property Law | Date: | Hits: 100
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......ied summarily under the provisions of Chapter XXII of the Code. Next, he has pointed out that photographs taken at the time of the occurrence or the recorded conversation have been made admissible in evidence under section 16 of the Ain. 17. We have perused the whole Ain and we have found that ev..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ...... judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ...... T.A. No.154/97 setting aside judgment dated 19.5.97 of dismissal of O.C. suit No.197/94 by Assistant Judge 3rd Court Patnitala, Noagaon and sending the suit for remand to the Trial Court for further evidence by the parties in the light of observation made in the appellate Court judgment should not ..Category: Procedural Law | Date: | Hits: 118
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......o cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......ess, agree that there were dissimilarities in the signatures and also that the sizes of the cheques were slightly at variance. 7. The learned judge below after hearing submission and analysing the evidences decreed the case in favour of the plaintiff, with cost and interest @ 7%. 8. Before us ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......se the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......ir face value and accepted in their entirely do not constitute the offence alleged; and (5) The allegations against the accused although constituted 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: 134
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ds at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..................Respondent Judgment March 13, 2006. Result: The appeal is allowed. The Explosive Substance Act, 1908 (Act No. VI of 1908); sections 3 & 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a ..Category: Criminal Law | Date: | Hits: 103
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ...... left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......te parties examined only preemptor petitioner No.3 as P.W.1 and the pre-emptee petitioners examined 10 P.W. in support of their respective case. The learned trial Court after due consideration of the evidence on record allowed the miscellaneous case by granting preemption in favour of the preemptorâ..Category: Property Law | Date: | Hits: 155
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