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Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......jected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......sions of Article 137 of the Limitation Act. 28. On the other hand the learned Advocate Mr. Tanjib-ul-Alam, argued that the question of limitation is a mixed question of law and fact and unless the evidence is taken regarding when and how the limitation has started or ended no decision on the poin..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ...... Jurisdiction) (Jessore Bench) Present: Abdur Rahman Chowdhury J Anwarul Hoque Chowdhury J Mrs. Nadira Rahman…………………………………Petitioner Vs. Sayed Amir Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The ......plication was filed by one Syed Amir Hossain before the Administrator of Wakfs for removal of the petitioner as Mutwalli of the Wakf estate. Curiously enough, the parties were not allowed to lead any evidence nor the allegations were allowed to be tested by any cross-examination nor the applicatio..Category: Trust/Waqf Law | Date: | Hits: 124
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......on passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......y Lord Denning who said that if the right to be heard is a real right which is anything, it must carry with it a right of the accused man to know the case which is made against him. He must know what evidence have been given and what statement have been made affecting him and then he must be given a..Category: Others | Date: | Hits: 154
....onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......rder be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......l Law Court No.2 Bogra, registered as Martial Law case No.18 of 1982.
4. To prove its case prosecution examined as many as 16 P.Ws. and the accused persons examined 4 D.Ws. On consideration of the evidence on record, the trial Court namely, the Special Martial Law Court No.2, Bogra by Judgment an..
Category: Constitutional Law | Date: | Hits: 259
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......e has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ...... and moreover he stated that the complaint, himself was not at all available at the time of occurrence at the P.O. and so at that this state while the subsequent I.O. stated that there was no genuine evidence about the alleged occurrence and while no requisition from any higher Court is received til..Category: Criminal Law | Date: | Hits: 93
State Vs. Mesbahuddin, 1996, 25 CLC (HCD)
....tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......gainst whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ......, Narayangonj in Sessions Case No. 33/89 on 6‑9‑91 have been heard together and will now be disposed of by this common Judgment. 2. The short facts as narrated in the FIR and gathered from the evidence are as follows: On 10‑12‑88 at about 7/7‑30 P.M. while the informant Shafiqul Isla..Category: Criminal Law | Date: | Hits: 87
....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......aka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
......e of Williamsburg University. It is however for the University Grants Commission of Bangladesh to formally approve or disapprove the said L.L.B. course of Williamsburg University; thus on the face of evidence before us the Respondent No.5 Chancery Academy of English Law should not be allowed to prov..
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......Shanai Bibi being dead here heirs: Mohammad Azim and others Vs. Nur Islam being dead his heirs, Doly Islam and other 4 BLC 195, where it has been held that burden of proof is the obligation to adduce evidence to the satisfaction of the Court in order to establish the existence or non-existence of th..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....tain exceptions. There is uniformity of judicial authorities on the question of exclusion of oral evidence by documentary evidence, and it is an established rule of evidence that oral evidence is inadmissible for the purpose either of construing the terms of a document or of ascertaining the int......urt records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......1. Learned Advocate next relied on the decision of Muni Lal and others Vs. Kishore Chand Kanshi Ram, AIR 1927 (Lahore) 373, where it has been held that, mere recital in the deed as to necessity is no evidence of such necessity so as to bind minor members, where it is not shown that any enquiry was m..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ...... a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......me has been registered as Special Tribunal Case No.129 of 2003. 5. At the trial the prosecution examined as many as seven witnesses. The learned judge of Special Tribunal No.4, Feni considered the evidence on record and having found that the accused person committed the offence convicted him un..Category: Criminal Law | Date: | Hits: 115
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......o.27 of 1998. Mr. Mohammad Ali, further submits that there is nothing on record to show that the predecessor-in-interest of the present petitioner taken any ground in their written objection or their evidence that the case was barred by law of res-judicata as such the Court of appeal below as last C..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......e on the basis of the pleadings of the parties framed as many as 5 issues for effectual disposal of the case and both the parties in support of their respective case adduced both oral and documentary evidence. 6. The pre-emptor petitioner i.e. the present opposite party No.1 adduce 3 witnesses an..Category: Property Law | Date: | Hits: 138
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......t Division (Civil) Present: Shahidul Islam J Md. Shermat Ali……………………………Defendant-Petitioner Vs. Mossammat Lilifa Khatun……………………………….Plaintiff Opposite Party Judgment March 7, 2005. Result: The Rule is discharged. Lawyers......ed the same. Thereafter the Plaintiff was given talak dated 14.10.1999 as per a village salish. Thereafter the Plaintiff has filed the suit upon some false allegations. 4. Both the parties adduced evidence in support of their respective cases. 5. The trial Court on considering the evidence on ..Category: Family Law | Date: | Hits: 224
....ranted by this Court dated 23.11.2004 is hereby vacated.
13. The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 BLT (HCD) (2007) 418.
......
Present:
Shahidul Islam J
Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School………………Defendant-Petitioner
Vs.
Razia Sultana and others…………………Plaintiff-Opposite Parties
Judgment
March 18, 2007.
Result:
The Rule is discharged.
Case......udge framed appropriate issues in the suit. The plaintiff examined herself as P.W.1 on the other hand the defendant examined two witnesses.
5. The learned Assistant Judge upon consideration of the evidence on record decreed the suit in part directing the defendants to pay the salary of the plaint..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......ts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... allowed the appeal, set aside judgment passed in Miscellaneous Case and dismissed the case. In dismissing case on allowing appeal learned Subordinate Judge as Appellate Judge considered pleading and evidences led by both parties. Learned Appellate Judge found fault with decisions rendered by Trial ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ...... with HR Acharjee, Advocate—For the Appellant. No one—For the Respondent. First Appeal No. 43 of 1989. Judgment Khondker Musa Khaled J.- The petitioner Durga Rani Sutradhar of the original Miscellaneous Case No.105 of 1986 (probate case) has preferred this appeal under section 299 of...... can be granted. It has not been considered by the courts below that the original 'Will' was once submitted in the court and when it was found missing, the petitioner relied on photo copy and adduced evidence to prove genuineness of the same and none denied as to the genuineness of the "Will' in que..Category: Property Law | Date: | Hits: 113
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......…………………………Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (Lahore) 677; AIR 1947 (Mad) 315; 1988 BLD (HC) 369; 6 DLR 477; PLD 1957 (Karac...... the Arbitration Act after its amendment by virtue of the provisions of Law Reforms Ordinance, 1978. Thereafter the learned Subordinate Judge on a proper scrutiny and on a perusal of the material and evidence on record did not find any ground to interfere with the award and vide the impugned order d..Category: Alternative Dispute Resolution | Date: | Hits: 606
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......jointly in furtherance of common intention killed the deceased Joynal and hanged him with a 'Dharna' of machine room adjacent to the house of accused Rowsanara @ Roushani for causing disappearance of evidence of offence. The left testis of the deceased bore swelling injuries, having had heard the fo..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......appeal is allowed. Cases Referred to- Rash Behari Moshalkar Vs. Hiron Baja Debi and another, 1985 BLD (AD) 51; Silver Estate Ltd. Vs. Abdul Hakim Miah and others, 43 DLR 360; Rakhal Dasi Ranjakini Vs. Ayesha Khatoon Chowdhury and another, 1985 BLD (AD) 49; Jaggo Bai Vs. Hari Har Prosad Sing, ......xhibit-ga(1), DCR marked exhibit-Ga(2), Deed exhibit-Gha, DCR marked exhibit Oma and rent receipt- Oma (1) in support of their contention. 13. The learned Subordinate Judge on consideration of the evidence on record decreed the suit by his Judgment dated 07.02.2000 finding merit of the case. 1..Category: Civil Law | Date: | Hits: 102
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......t guilty. 6. At the trial the prosecution had examined 17 witnesses in support of its case and the defence examined none. 7. The learned Additional Sessions Judge, Sherpur on examination of the evidence and materials on record by judgment and order dated 25.08.2004 convicted the above petition..Category: Criminal Law | Date: | Hits: 116
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