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....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......ier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......ivil Procedure on assigning good reasons, which are not seriously disputed by the petitioner.
6. Where issues of law arise which go to the root of the case and are capable of being decided without evidence, the Court is bound to try and determine those issues first under Order 14 rule 2 CPC and p..
Category: Procedural Law | Date: | Hits: 152
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......n of the Court the learned Advocate of the petitioner in his application for restoration has furnished any explanation for his fault. 10. It is a settled proposition of law that when the taking of evidence has already been closed and date was fixed for argument at this stage interferÂence in the..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......y this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......Ťŕ¦°ŕ¦¤ŕ¦ľŕ¦°ŕ¦Łŕ¦ľ; 11. From the perusal of the definitions of Money Laundering and the Predicate offence it also appears that the matters need to be examined by the trial Court on examination of evidence to reach a decision whether the allegation as brought against the petitioners is under Mone..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......ned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......amined 27 witnesses and tendered 2 witnesses for the cross-examination by the defence, but the defence did not cross-examine them and the defence examined none. On the completion of recording of oral evidence accused Zakaria Kabiraj was examined under section 342 of the Code when he repeated his inn..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......wn the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......lant No.1 Abdur Rahim deposed as P.W.1 and appellant No.2 Md. ldrish Miah deposed as P.W.2. It further appears that P.W.1 i.e., the informant was also the Investigation Officer. After considering the evidence on record, the Tribunal held that P.W.1, the informant, filed a false case of recovery of a..Category: Criminal Law | Date: | Hits: 72
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ...... (Civil) Present: AK Badrul Huq J Syeda Helali Begum and others...............................Defendants/Petitioners Vs. Shanty Mary Cruez and others...............................Plaintiffs/Opposite Parties Judgment May 3, 2008. Result: The Rule is discharged. Cases ...... Courts below warrants any interference by this Court in exercise of Revisional Jurisdiction envisaged in section 115 of The Code. 2. In broaching and riposting to questions posed, factual matrix, evidences adduced from both sides, materials on record and fact and circumstances may conveniently b..Category: Procedural Law | Date: | Hits: 120
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......tay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ...... the above five cases, the petitioner obtained 5 Rules from this Court. 10. Mr. A.K.M Badruddoza, learned Advocate appearing for the petitioner in all the Writ Petitions, submits that there was no evidence on record to hold that the petitioner terminated the services of the respondents for their ..Category: Labour and Industrial Law | Date: | Hits: 138
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ...... Advocate - For the opposite parties. Civil Revision No. 1000 of 2003. Judgment Siddiqur Rahman Miah J.- The revisional application under section 115(1) of the Code of Civil procedure at the instance of the plaintiffs is directed against the judgment and order dated 22.07.2002 and another o...... the case we are of the view that since it is a partition suit and impleading of necessary party is a must, otherwise the suit will fail. 20. In view of the facts and circumstances of the case and evidence on record, we are of the view that there is merit in this rule. 21. In the result the Ru..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......rom the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......e of the case holding and exclusion of the same from the list of the abandoned property but the respondent No.1 illegally dismissed both the cases without application of judicial mind and against the evidence on record. 5. The respondent Government did not file any written statement butcontested ..Category: Property Law | Date: | Hits: 107
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......f the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......r. Gour Gopal Saha, the learned Advocate for the accused‑appellant, submits that the impugned Judgment and order of conviction and sentence are based on mere surmise and conjecture and not on legal evidence on record. He next submits that the learned trial Court acted illegally in convicting the a..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
.... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ......r Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... the Code of Criminal Procedure and obtained the instant Rule. 6. Mr. Md. Habibur Rahman, the learned AdvoÂcate appearing on behalf of the accused petitioner has submitted that it is a case of no evidence since the prosecution witnesses did not support the prosÂecution case. The learned Advocat..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......n with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......t and order of conviction is liable to be set aside. He further submitted that the learned Court acted illegally in holding that the victim was a minor at the time of occurrence and in relying on the evidence of D.W.1 as well as circumstantial evidence to convict the appellant giving a complete go b..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ...... these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......was re‑numbered as Money Suit No.143 of 1993. 7. The defendant‑petitioner contested the suit by filing written statement. The suit was fixed for peremptory date of hearing and after taking the evidence of P.Ws. and D.Ws., it was fixed for argument on 6‑3‑1993. Thereafter quite a few dates..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......¦â€¦â€¦â€¦Opposite Parties Judgment January 28, 2009. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order VI, Rule 17 One of the fundamenÂtal principles governing the amendment of the pleadings is that all the controversies between the parties ......ourt Division. After hearing the High Court Division by the Judgment and decree dated 20-05-1999 remanded the appeal to the Court of appeal below to deliver the Judgment afresh after appraisal of the evidenced on record. Title Appeal No.81 of 1984 now pending before the Court of District Judge, Mani..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......e Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ness (C.W.1). 7. After closure of the prosecution eviÂdence the accused on dock were examined under section 324 of the Code of Criminal Procedure, again they repeated their innoÂcence and led no evidence in defence. 8. After trial the appellants awarded such conviction. Hence the appeal. ..Category: Criminal Law | Date: | Hits: 78
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......cated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......an or was director of Gonophone at the relevant time or whether his resignation was accepted by the Bank are all disputed question of facts which cannot be decided in writ jurisdiction without taking evidence Moreover, the suit was decreed in favour of the Bank and against the defendants including t..Category: Civil Law | Date: | Hits: 154
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......nection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ...... to assess the possibility of confinement of an armed man, as the appellant is. It is unclear how a person can see from outside one who is confined in a room, as P.W. 2 did. 9. As is manifest from evidence that the family from where the appellant allegedly tried to extort money at gun point was a..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......ediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......ion of any witnesses is an indication that cultivation of fish on suit pond by Defendants did not appear to have been proved. Defendants could not demolish the case put forth by Plaintiffs and, also, evidence of P.W.2 that he cultivated fish on suit property. iii. D.W.1 himself admitted that boun..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ...... at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ...... the exclusive possession of the condemned prisÂoners, they can not be convicted under the charge framed against them. Learned Advocate further submits that, prosecution failed to produce any cogent evidence that such huge quantity of heroin was brought into Bangladesh within the knowledge of the c..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
.... No.14 of 1998 dismissing the suit are set aside. 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 BLC (HCD) (2011) 144. ......ed in: 16 BLC (HCD) (2011) 144. ...... liable to be set aside. He next in the course of argument after placing the materials on record submits that the judgments of two Courts below are based on total non-consiÂderation of the materials evidence on record and the findings of the Courts below are shockingly perverse to the extent that t..Category: Property Law | Date: | Hits: 100
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