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....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
......r, 1986), has been made without any lawful authority and is of no legal effect.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 325.
......rial allegations of the petition. The learned Court of Settlement by its impugned Judgment and order dated 29‑3‑1992 has been pleased to dismiss the petitioners' case on findings that there is no evidence on record to prove that Ahmed Reza and his sons and daughters had been living in Bangladesh..
Category: Property Law | Date: | Hits: 116
....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......he Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......hat such mistake would not in any away affect the merit of the revisional application admittedly when such deposit was made according to order No.17 passed in Artha Rin Appeal.
13. The documentary evidence adduced by the parties shows that defendant No.2 never mortgaged the suit property against ..
Category: Civil Law | Date: | Hits: 174
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......he prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......f the Penal Code and therefore, cognizance should not have been taken under that section which is a schedule offence under the Special Powers Act, triable by the Special Tribunal. An appraisal of the evidence will show that the offence alleged against comes within the mischief of section 395 of the ..Category: Criminal Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......Case is also Reported in:35 DLR (HCD) (1983) 157. ......cation under Order 9, rule 13 was made was stated to be engagement of the lawyer of the petitioner defendant in a case before the Labour Court. The learned Subordinate Judge on consiÂderation of the evidence adduced in the case could not believe the ground and dismissed the miscellaneous case. Bein..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......€¦â€¦â€¦â€¦â€¦Respondent Judgment February 13, 1983. Result: The appeal is dismissed. Cases Referred to- Tamlia Vs. Hannaford, 1950 (1) K.B. 18. B.S.I.; Corporation Vs. Mahbub Hossain Chowdhury 29 D.L.R. (SC) 41. Lawyers Involved: Matiur Rahman, Assistant Attorney-Gene......pondent solely on the ground that the said Act does not apply to the Sonali Bank. 11. Coming now to the merits of the case, we find that the case against the accused-respondent rests solely on the evidence of P.W.1 Md. Abdul Khaleque, Inspector, Shops and Establishments. He stated that be visited..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......nt: Shahidul Islam J Hanif Chowdhury alias Serajul Islam Chowdhury………………………Defendant-Petitioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2007. Result: The Rule is made absolute. C...... defendant that by practicing fraud upon the mother of the defendant the suit land was scheduled to the agreement place of the land of plot No.304. 4. The Assistant Judge upon consideration of the evidence on record decreed the suit by the Judgment and decree dated 20.2.1991. 5. Being aggrieve..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......y on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......ed some other person to do so. The prosecution must affirmatively prove these ingredients……………………………….(63) The testimony of the complainant in the absence of corroborative evidence should be considered in sufficient to hold the accused person guilty of the offence. Convic..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......ho is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......ted 08.04.2002 passed by the learned Magistrate, First Class, Nilphamari in G.R. case No.73 of 1996 arising out of Nilphamari P.S. Case No.2 dated 03.04.1996. 2. The case of the prosecution as per evidence led in support of the charge leveled against the accused, in short, is that officer-in-char..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......nterference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174....... order of striking out the name of the defendant No. 5 from the plaint with the finding that the question as to whether the defendant No.5 had executed the charge document or not can be decided after evidence is taken at the trial and the High Court Division maintained the order of the trial court r..Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......er as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......etitioner but he was compulsorily retired on the recommendation of the enquiry committee in proceeding No 20 of 1989; that the petitioner was given all the opportunity to defend himself and to adduce evidence but he failed to prove his innocence and the petitioner tried to create camouflage and got ..Category: Employment/Service Law | Date: | Hits: 231
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......ment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......3. As many as 9 witnesses have been examined by the prosecution in support of the prosecution case and the defence did not examine any witness. 4. P.W.1 Shamsuddin Howlader, the informant, in his evidence stated that after the birth of the child Abul went to the house of his father‑in‑law an..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......s. Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964......Rules. When a dispute arose, the Indian Party filed a suit in Calcutta High Court and the defendant Company applied for stay of the suit under section 34 of the Arbitration Act. It was found that all evidence was in India and them were difficulties in respect of foreign exchange which practically ma..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......d down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......to produce all his witnesses and examine them on oath and thereafter he is to send the case to the Court of Sessions in terms of section 205 Cr.P.C. It is not for the Magistrate to weigh and sift the evidence relating to an offence triable exclusively by the Court of Sessions." 8. From the above ..Category: Procedural Law | Date: | Hits: 100
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534....... (HCD) (2007) 534.......he constructed homestead thereon etc. and she denied the allegations of threatening made in the plaint. 6. On the pleadings of the parties, learned trial Court framed 4, issues and after recording evidences of plaintiff and defendants and hearing the suit by the Judgment and decree dated 23.02.97..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ...... Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ereunder: I. Plaintiff-Petitioner on oath having stated that she is the daughter of Kala Chand Basak a co-sharer having 5 annas interest in suit property and contesting Defendant having adduced no evidence contrary to that of Plaintiff, Courts below committed an error of law in failing to hold th..Category: Procedural Law | Date: | Hits: 108
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....tion." 11. I myself cite another decision which is AIR 1926 (Boin) 497 a full Bench decision wherein it has been held as follows: "A document namely, the deed of agreement to retransfer, is not inadmissible for only non‑registration." Their Lordships also have held in that decision that i......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah represented by the Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237; Ba......conveyance can be specifically enforced and the provision for registration for such agreement as required under section 95(2) of the Act is not applicable. Even an oral agreement proved by sufficient evidence may be specifically enforced by the transferor." 9. In the present case Mr. ABM Nurul Is..Category: Property Law | Date: | Hits: 117
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......m, to which they replied that the petitioner was standing on the road to meet him, that on the next day his dead body was found in the drain to the west of the graveyard and that there was sufficient evidence regarding the complicity of the accused in the murder of his son, The Sub-Divisional Magist..Category: Criminal Law | Date: | Hits: 110
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ...... out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ...... 12. P.W.9 A.S.I. Shiekh Shahid Ahmed also corroborated the deposition of P.Ws.1, 6, 7 and 8 about recovery of the arms and ammunition from the possession of the convict appellant. These are all the evidences from the side of the prosecution. 13. The learned Judge of the Tribunal after due consi..Category: Criminal Law | Date: | Hits: 102
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ...... with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ...... 4. In this case prosecution examined as many as 19 witnesses in support of the charge. Defence however did not examine any witness and claimed to be tried. The learned Sessions Judge considered the evidence and found that the evidence of P.W.2 Belal Hossain, P.W.3 Mokhlesur Rahman, P.W.4 Azizul Ho..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......t High Court Division (Civil Revisional Jurisdiction) Present: Mozammel Haque J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Secretary Ministry of Public Works and Urban Development........................Petitioner Vs. Hosne Ara ......efendants examined two. Both the parties produced their respective papers and documents in Court. On the above pleadings the trial Court framed four issues. After hearing the parties and perusing the evidence on record the learned Subordinate Judge, 2nd Court, Dhaka, decreed the Title Suit No.471 of..Category: Property Law | Date: | Hits: 157
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