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Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)

....rced in any court of law. In the premises, we do not find any sub­stance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......ase for Specific Performance of Contract only issue to be adjudicated upon is whether the disputed agreement for sale is genuine or not and that the Court acted beyond jurisdiction in considering the nature and propriety of the suit property and authority of the attorney holder to execute the agreem..

Category: Property Law | Date: | Hits: 61

Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)

....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......ment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......the said gift was not valid. 8. Arifur Rahman has urged that the learned trial Court has erroneously found that the aforesaid unregistered deed or gift is a forged one, by comparing himself the signature of late Abdur Rahman appearing on the said deed of gift with his admitted signatures. He subm..

Category: Property Law | Date: | Hits: 89

Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)

....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......med J Biplob Chandra Das and another….………..Petitioners Vs. Biren Chandra Das and others ………….Opposite Parties Judgment July 31, 2000. Cases Referred To- Moslemuddin (Md.) and others Vs. Md. Johab Ali and another, 50 DLR (AD) 13; HN Fabrics Ltd. Vs. Mallick Texti...... property inasmuch as it is also to be proved beyond doubt that the consideration money as alleged must have been passed and have been paid by the plaintiffs before passing a decree in a suit of this nature. The suit is for Specific Performance of Contract. It invites equitable relief unless and unt..

Category: Property Law | Date: | Hits: 108

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......scharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......e latter. The Company has huge outstanding dues with IFIC Bank which was rescheduled from time to time. The last rescheduling was done on 16-4-97. However since then the Bangladesh Bank, under the signature of respondent No.2, issued BRPD circular No.07 on 05-08-1999 hereinafter referred to as circu..

Category: Business or Commercial Law | Date: | Hits: 208

Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......rdingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......equested mobilization of advance payment, but of no avail. On 10.01.2007, the petitioner requested for mobilization of advance payment which was supposed to be made within 28 days from the date of signature of the agreement as per clause 50.1 of the Contract Data. By referring a letter dated 10.12.2..

Category: Others | Date: | Hits: 118

Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)

.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......e the judgment and order of the High Court Division on merit, they in fact, filed the leave petition for expunging the obser­vations made in the judgment that "It does not however mean that the waqf nature of the property shall be in any way changed or disturbed, the property which was made waqf on..

Category: Trust/Waqf Law | Date: | Hits: 171

State Vs. Md. Kaloo, 2003, 32 CLC (HCD)

....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......e, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......t no poison was found. Doctor then expressed opinion that the cause of death was due to neurogenic shock resulting from injuries mentioned in Post Mortem Report which was ante-mortem and homicidal in nature. 6. Accused Md. Kaloo having been charged of offence of section 10(1) of Nari-o-Shishu Nir..

Category: Criminal Law | Date: | Hits: 45

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....plying with all legal requirements. He proved the confessional statement as Exhibit 14 with his signatures thereon as Exhibit 14/1-14/16. The confessional statements of Mamun are both inculpatory and exculpatory with a detailed description of his association with JMB, the activities and decision tak......f 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......ose presence police recovered 25 leaflets from the waist of accused Mamun on 14-11-2005 at Jhalakati Sadar Hospital at about 9-15 AM in terms of a seizure list which he proved as Exhibit 3 and his signature therein as Exhibit 3/1. He also identified the leaflets as Material Exhibit 1 series. On the ..

Category: Criminal Law | Date: | Hits: 224

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......iously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......vere bleeding and the abdominal cavity filled up with blood. He opined that the death was due to hemorrhagic shock because of the above mentioned injured vessel which was ante mortem and homicidal in nature. Defence declined to cross-examine PW 6 Dr. Sanjoy Kumar Paul too. 12. PW 7 Abul Foiz Md. ..

Category: Criminal Law | Date: | Hits: 91

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

....ি। এই জন্য আমি বর্তমানে অনুতপ্ত। এই আমার জবানবন্দী।” 136. Evidently his statements are both inculpatory and exculpatory. However, subsequently Shahid, during his examination under section 342 of Cr.P.C. partl......iberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......ferent parts of Shajneen's body including belly, back, chest, thigh, breast, and also found semen on the right thigh and on the injured genital part. She attested the inquest report by putting her signature. PW 3 further stated that after the occurrence Hasan did not come to their house. So, she sum..

Category: Criminal Law | Date: | Hits: 70

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ...... Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 13, 2004. ......-7‑1993. He had no personal knowledge of the statement. 28. DW 3 Md. Rokanuddin, Superintendent, Investigation, Section 1, Post Master General Office, Central Circle, Dhaka. He proved his signature on Exhibit C. 29. DW 4 Delwar Hossain proved Exhibit C. 30. DW 5 Mirza Kamrul H..

Category: Business or Commercial Law | Date: | Hits: 289

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ......er as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ...... of the power of attorney and that at page 2 of the said document under the column executant an illegible initial shown to have been put by someone whose name and address was not stated though the signatures without any address of two persons were shown to have been put as the attesting witnesses. R..

Category: Business or Commercial Law | Date: | Hits: 251

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441.......spondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441....... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441...

Category: Environmental Law | Date: | Hits: 484

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......the prosecution witnesses as well as the evidence of defence witnesses is, that of innocence and the act done at the time of doing it was by reason of unsoundness of mind and incapable of knowing the nature of the act. 6. In course of trial the prosecution examined as many as 13 witnesses and the..

Category: Criminal Law | Date: | Hits: 70

Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)

....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......er within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......hese formalities are not just as a matter of course of only on police showing him in the chalan to be absconder. 23. The procedures though appear to be mere procedural are, in fact, substantive in nature concerning substantive right of an accused to be heard before he is condemned. These are mand..

Category: Criminal Law | Date: | Hits: 65

Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)

....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351....... from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......ief, is that on 21-3-1990 at about II O'clock at night he along with his wife Nandita were sleeping in their house when the informant's elder brother Jenu Lal Barua went out to respond to the call of nature at about 12 in the night with a torch in hand and had seen Kanu Barua, Kazal Barua and Kazal ..

Category: Criminal Law | Date: | Hits: 59

Jalaluddin Vs. State, 2006, 35 CLC (HCD)

....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......'s records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......scarriage by herbal medicine caused her death. On receipt of the Post Mortem Report and after preliminary inquiry he (PW 1) lodged the First Information Report which he proved as Exhibit 1 and his signature thereon as Exhibit 1/1. In cross examination, he stated that ASI Nurul Islam performed the in..

Category: Criminal Law | Date: | Hits: 55

Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)

....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......Abdul Mannaf and others………………………..Opposite Parties. Judgment May 10, 2006. Cases Referred to- Gangamoyi Debi Vs. Troiluckhya Nath Chowdhwy, 33 Indian Appeals 60; Risal Singh Vs. Monohar Lal, AIR 1927 Lahore 748 at page 750, A Rahman Vs. A Rahim Gazi, 35 DLR 132; Rashid......gistration and see that the proper persons are present and are competent to act, and are identified to his satisfaction, and all things done before him in his official capacity and verified by his signature will be presumed to be done duly and in order." 9. This Court also notes that this view re..

Category: Property Law | Date: | Hits: 82

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......ad between Ahsanullah Hall and Titu Mir Hall of BUET. She was taken to Dhaka Medical College Hospital where she succumbed to her injury. He proved the first information report as Exhibit 1 and his signature on it as Exhibit 1/1. He also deposed that he came to know that there was exchange of fire be..

Category: Criminal Law | Date: | Hits: 236

Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)

....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......…………………………………..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman, 31 DLR (AD) 133; Nur Banu Vs. Noo......se of an application filed Under Order VI, rule 17 of the Code of Civil Procedure, thereby took erroneous view, causing miscarriage of justice. He adds that the proposed amendment will not change the nature and character of the suit. He assails order of the learned Courts below by referring the Prov..

Category: Procedural Law | Date: | Hits: 99