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Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......nd send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......ity shareholders. The Affidavit-in-Opposition on behalf of the Respondent Nos.1 and 2, in particular, refers to a number of meetings of the BOD, as well as Extraordinary General Meetings, as being in evidence of the fact of the active engageÂment and involvement of the Petitioners Nos.1 and 2, in p..Category: Company Law | Date: | Hits: 177
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....e set at liberty forthÂwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......eachable eviÂdence. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on the prosecution and on the failure, it can not fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon………â€..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......ds with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......gir and due those teasing and nuisance, her Family gave her marriage with the victim (P.W.2). She heard about the occurrence from her husband immediately after the occurrence took place. P.W.9 in his evidence described about a previous two incidents stating that he also got allegations of teasing an..Category: Criminal Law | Date: | Hits: 103
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......mp; ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11 DLR 377; Tarangini Debi Vs. Govinde Mallik and ors, 9 DLR 57; Fazlur Ra...... was made in the year 1928 AD. An oral dedication in Hindu Law is also possible for religious and charitable purposes without any document in writing. It can be established by cogent and satisfactory evidence of conduct of the parties and user of the property which show the extinction of the private..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ...... to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......d transaction constitutes a loan (ঋণ) within the meaning of section 2(Kha) is a mixed question of fact and law and, as such, an issue can only be raised and decided in that suit after considering evidence and there is no scope of holding at this state that the same was not a loanrelying upon sta..Category: Civil Law | Date: | Hits: 119
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......nbsp;by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ...... pleaded not guilty. Then the prosecution examined 4 witnesses. The case of the accused persons is that, the sarees were Bangladeshi sarees and they were Feriwala by profession. After considering the evidence on record the learned Judge of the Tribunal found both the accused guilty of the offence un..Category: Criminal Law | Date: | Hits: 79
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......ction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ...... materials, such as pipes, pipe pos, Anchors, containers etc. are by this Gate Pass allowed to be transported off the site." 24. It is to be noted that respondent No.6 has produced any documentary evidence to indicate that the goods in question were actually transported out of Patenga and Fisheri..Category: Alternative Dispute Resolution | Date: | Hits: 632
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ...... Reported in: 16 BLC (HCD) (2011) 132. ......ding the purchase of the house hold articles from the local market. 21. It appears that no other witnesses have been examined by the plaintiff in order to substantiate the claim to corroborate the evidence of the P.W.1 as to the assertion of the quantity and price of the personal household articl..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
..... 28. 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: 7 LG (HCD) (2010) 332. ......ngladesh and others, 42 DLR (HCD) 434; Gadal Chandra Burman and others Vs. Khagendra Barman and others, 53 DLR403; Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 3 MLR (AD) 73; Rafizuddin Ahmed Vs. Mongla Barman and others, 11 BLD (AD) 245; Fazlul Karim Chowdhury (Md.) and others Vs. ...... be sustained in the eye of law. Interference by the High Court Division in revisional jurisÂdiction in the circumstances was perÂfectly justified." 12. Thirdly, the plaintiff failed to prove by evidence his exclusive right, title and possesÂsion in the suit land and there is no specific findi..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necesÂsary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......tropolitan Magistrate Court, Dhaka for information and necesÂsary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......he petition of complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged and in such cases no question of weighing and appreciatÂing evidence arises. 5. The allegations made against the accused person do not constitute an offence ..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......d. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......ears to oppose the rule. 8. On perusal of the judgment passed by the learned trial Court, it appears, no issue has been framed regarding limitation. The learned trial Court on consideration of the evidence and materials on record found that the plaintiff could prove his title in the suit land; th..Category: Property Law | Date: | Hits: 106
.... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
......D) (2010) 321.
......alat Narayanganj, framed necesÂsary issues in the suit.
6. The plaintiff examined 7 witnesses while the defendant examined 3 witnesses in support of their respective cases. The trial Court on the evidence on record dismissed the suit and hence the appeal.
7. Mr. Khair Ejaj Masood the learned ..
Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......ellant Vs. Mrs. Fatema Begum………………………………..Respondent Judgment April 26, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racecourse Co. Ltd., [1899] AC 143......d, it shall be presumed that he has disposed of his beneficial interest therein as specified in the deed and the transferee or legatee shall be deemed to hold the property for his own benefit, and no evidence, oral or documentary, to show that the owner did not intent to dispose of the beneficial in..Category: Property Law | Date: | Hits: 134
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......sfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......rated in section 30 of the Evidence Act has been expend and considered by the Appellate Division. It has been held that the language of the section does not render the confession of a co‑accused as evidence within the definition of section 3 of the Evidence Act. It simply says that the Court may "..Category: Criminal Law | Date: | Hits: 82
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......owever, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......wer appelÂlate Court was perfectly justified in holding that the transfer in question was for the purpose of legal necessity. He further submits that in coming to his decision he has referred to the evidence on record and reversed the finding of the learned Munsif referring to the material on which..Category: Procedural Law | Date: | Hits: 81
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plainÂtiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... regularising his period of absence from 10.11.1973 on medical ground. These applicaÂtions are palpably on false ground of treatÂment which had caused irritation to the authority. He also found the evidence of 2 attending physicians as unsatisfactory. The plaintiff could examine himself in the Mym..Category: Employment/Service Law | Date: | Hits: 120
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......wer court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......d to him. 5. To substantiate its case the prosecuÂtion in all examined as many as 11 (eleven) witnesses. On the other hand, none was examined on behalf of the defence. 6. On the closure of the evidence of the prosecution the accused-persons were examined under section 342 of the Code of Crimi..Category: Criminal Law | Date: | Hits: 97
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. .......C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......iable to compensate for the alleged loss which might have been suffered by the plainÂtiff. Therefore, the suit was liable to be dismissed as against these defendants. 5. Upon consideration of the evidence on record and hearing both the sides of the counsels and with reference to the statute and ..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)
....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......ourts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......imed to be tried in accordance with law. 4. In order to bring whom the charge against the instant accused petitioner and other accused prosecution examined 6 witÂnesses. After the closure of the evidence of the prosecution witnesses the instant petiÂtioner and the other accused absconded. Ther..Category: Criminal Law | Date: | Hits: 104
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....opy of this order be forÂwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......panies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......t is undisputed and yet the company refuses to pay, a winding up petition is maintainable. 25. In Raj Kumar and Brother Vs. Organic Chem Oils Ltd, reported in (1998) 93 Company Cases 386, therewas evidence on record that a certain amount of money was lawfully due to the petitioner and the respond..Category: Company Law | Date: | Hits: 164
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