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Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......……………………Opposite Parties Judgment January 21, 1997. Result: The Rule is made absolute. Case Referred to- 46 DLR 273. Lawyers Involved: Mahbubey Alam with Ali Aminuddi, Advocates ‑ For the Petitioner. Md. Nawab Ali, Advocate ‑ For opposite Parties. Ci......petitioners filed an application before the High Court Division under Order 6 rule 17 of the Code of Civil Procedure to amend their written statement and they also filed an application for additional evidence but since the case was sent back to the trial Court the appellate Court did not dispose of ..Category: Procedural Law | Date: | Hits: 118
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......rrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......t is not entitled to interfere with the decision of trial Court on facts unless it has acted perversely or otherwise improperly or the verdict suffered from legal infirmity and went against weight of evidence and materials brought on record. 6. The superior Courts of Sub‑continent in a series o..Category: Family Law | Date: | Hits: 165
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......he appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......aving failed to notice that the subject matter of the writ-petition with regard to counting of seniority between two grades of officers which could only be decided by the Administrative Tribunal upon evidence being adduced both oral and documentary in support of their respective cases, the said Divi..Category: Employment/Service Law | Date: | Hits: 149
....bordinate Judge. In this view of the matter, the appeal fails.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......d.
This Case is also Reported in: 48 DLR (HCD) (1996) 243.......ined shall apply to the Court and the Court shall decide the question on affidavits:
Provided that where the Court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for discovery and particulars as it may do in a suit."
..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......t Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ...... of Mahinur, prosecution examined only two witnesses, P.W.1 the informant and P.W.2 Mahinur, and as such, the learned Judge was wrong to pass an order of conviction on the basis of the uncorroborated evidence of these two interested witnesses. 5. Mr. Syed Matiul Islam, learned Assistant Attorney..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......were cross‑examined by the defence. During his examination under section 342 CrPC the accused appellant again, pleaded not guilty but declined to make any further statement or to adduce any defence evidence. The Trying Judge on considering the evidence found the accused‑appellant guilty of offen..Category: Criminal Law | Date: | Hits: 95
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......: J. K. Paul - For the Appellant. Md. Shahidul Islam Khan - For the Respondents. First Appeal No.250 of 2002. Judgment Siddiqur Rahman Miah J.- This application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure arises out of FA No.250 of 2002 between pla......uced some documents which are marked exhibits 1 to 7. On the other hand, the defendant submitted some documents which are exhibited "ka" series. 5. On consideration of the facts, circumstances and evidence on record, the learned Joint District Judge, Bogra passed the Judgment and decree dated 12...Category: Civil Law | Date: | Hits: 117
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......ner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......emplated under the provision of the Order 33 Rule 1 of the Code of Civil Procedure. We have found further that the trial Court as well as High Court Division based their orders on the basis of the evidence and law. In drawing such conclusions and affirming the order of the trial Court we find ..Category: Civil Law | Date: | Hits: 118
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....order as to cost. Order of stay granted in the Rule on 10-9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......ment August 18, 2003. Result: The Appeal is dismissed. Cases Referred to- Bazla Rice Mills Vs. Bangladesh, 41 DLR 504; Hashmat Ali Jamader Vs. Ashmat Ali Jamader, 6 DLR 478; Jaker Hossain and others Vs. Md. Ismail Sukhani, 9 DLR 233. Lawyers Involved: M A Samad with MGH Ruhullah......he award in court and the application filed therefore cannot be said to be out of time. 9. Mr. Samad referred few letters which have been printed in a supplementary paper book but not adduced into evidence and submitted that when the plaintiff demanded money on the basis of the award in June, 199..Category: Alternative Dispute Resolution | Date: | Hits: 190
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ich is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......not be denied. The classification of under trial prisoners as per Bengal Jail Code will be done by authorities mentioned in the rule. The respondents made proper prayers to the authorities ex-closing evidence in support of their claim. The respondents have been simply shown arrested in the case and ..Category: Criminal Law | Date: | Hits: 95
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......s discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... was fraudulent, illegal, inoperative, null and void without jurisdiction and not binding upon the plaintiffs. 5. The Upazila Munsif on consideration of the facts and circumstances of the case and evidence on record decreed the suit and on appeal by the defendant the appellate Court i.e. the subo..Category: Civil Law | Date: | Hits: 130
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......eet. 3. 7 witnesses have been examined by the prosecution in support of the prosecution case. Defence did not however examine any witness. The learned Assistant Sessions Judge on conclusion of the evidence when he was about to deliver the Judgment found that no charge was framed against the accus..Category: Criminal Law | Date: | Hits: 144
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......ngly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......bmitted that High Court Division committed no error of law in affirming the order of the District Judge holding that the grounds urged for rejection of the plaint are absolutely the subject matter of evidence, which can not be decided before taking evidence. 13. We have gone through the judgment ..Category: Procedural Law | Date: | Hits: 133
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......as of "Peer's Dagabari" and to that extent without applying judicial mind the High Court Division wrongly made the Rule absolute because of the facts based on belief or disbelief of the witnesses and evidence relating to appreciation of evidence which is not open to interference in exercising the re..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......der is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ...... He has submitted that the Court of appeal below has not delivered a legal Judgment under the provisions of Order 41 rule 31 of the Code of Civil Procedure inasmuch as that he has not adverted to any evidence adduced by the parties with regard to the knowledge of the pre-emptor opposite parties abou..Category: Property Law | Date: | Hits: 113
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82.......mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82....... provisions, annexing photo copies of the forged documents along with the actual true copies of those documents and other relevant papers and also to furnish the names of the witnesses, who will give evidence in the complaint case to prove the charges. 2. Facts, in brief, are that Abdul Basher Me..Category: Criminal Law | Date: | Hits: 146
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......th the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ...... the pre-emptor No.3 had knowledge the said, though pre-emptors contended that Shamshad Ali, the vendor, did not delivered possession of the case land to them but could not prove the same by reliable evidence and Shamshad Ali also did not appear before the Court to depose to the above effect and fur..Category: Property Law | Date: | Hits: 84
.... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......eputy Commissioner of Taxes for reassessment where such re-assessment is required. On receipt of the audit the Deputy Commissioner of Taxes used to make assessment after hearing and considering the evidence, i.e. regular assessment under section 83 or based judgment assessment under section 84 of ..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......ve them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......re stated below. Most of these violations are internal in nature and at the time of hearing of Writ Petition No.5125 of 2004 neither the writ-petitioner nor the present petitioner had enough specific evidence to substantiate the allegations. Subsequently new evidence came to light through investigat..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......tion with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ...... Sirajul Islam fell into the tank where he has been injured by a pointed bamboo hidden in water and as a result of such injury he died. The learned Additional Sessions Judge upon consideration of the evidence on record found the accused guilty of the offence of murder and accordingly sentenced each ..Category: Criminal Law | Date: | Hits: 117
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