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State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66....... true and voluntary, that it was recorded as per version of the maker and that it was read over to the maker after his statement was recorded which was the true and correct version and it contained a full and true account of statement made by the maker. Such a record is conclusive, in the absence of...... in support of such confession to give actual words used by the accused as nearly as possible. It is for the Court having regard to the credibility of the witness, his capacity to understand the language in which the accused made the confession, to accept the evidence or not. The Courts have always ..Category: Criminal Law | Date: | Hits: 58
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......000/=) on 8.3.2010 and thereafter the Artho Rin Adalat executed and registered the “Boinama” on 6.4.2010 and delivered part possession of the auctioned land to him on 2.6.2010. The petitioner was fully aware of the mortgage suit and she has no interest in the land of respondent No.3 (judgment de......rtha Rin Adalat, Narayangonj summarily rejecting Miscellaneous Case No. 3 of 2010 filed under Order XXI rule 58 of the Code of Civil Procedure and section 57 of the Artha Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No. 25 of 2001 (arising out of Mortgage Suit No. 72 of 1996). 2. The pe..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......quested the contemner to take necessary steps for compliance of the Court’s order by Memo No. Je Pro/Shikhkha/06-722 (2) dated 29.10.1996 (vide Annexe-C to the Contempt Petition). 4. Despite the full knowledge of the Court’s order and his further knowledge from the said representation and the......gment January 4, 2011. Result: The Contempt Rule is made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and cont..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
.... (now Assistant Judge), Baraigram, Natore for cancellation of a conveyance deed (as described in schedule ‘Kha’ of the plaint) on the averments inter alia, that she was an illiterate and a simple woman living in village and suffering from mental illness. Her full brother, the defendant (herein t...... conveyance deed (as described in schedule ‘Kha’ of the plaint) on the averments inter alia, that she was an illiterate and a simple woman living in village and suffering from mental illness. Her full brother, the defendant (herein the petitioner) cultivated their father’s land and she would h......e), Baraigram, Natore for cancellation of a conveyance deed (as described in schedule ‘Kha’ of the plaint) on the averments inter alia, that she was an illiterate and a simple woman living in village and suffering from mental illness. Her full brother, the defendant (herein the petitioner) culti..Category: Property Law | Date: | Hits: 54
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......nch thereupon heard the leave petition and by judgment dated 3rd January, 2010 set aside the order of the High Court Division summarily on the reasonings that the High Court Division gave the accused full relief without issuing any rule and also without affording opportunity to the Government which ......0 SC. 946, In re: S. Mulgao Kar, AIR 1978 S.C. 727, Asharam M. Jain V. A.T. Gupta, AIR 1983 S.C. 1151, M.B. Sanghi V. High Court of Punjab and Haryana, AIR 1991 S.C. 1834, R.V. Almon (1765), Wilm at page-270, In re: Johnson, (1887) 20 QB 68, Edward Snelson Vs. Judges H.C.Lahore, 16 DLR (SC) 535, Kin..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......operty. On that date petitioner herein prayed by filing an application, for time to file written objection; and that therein petitioner herein alleged that although Beximco Food Limited paid back the full amount of loan but in spite of that plaintiff has filed the suit. 5. On 9-4-1995 the plainti......hort, are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to the plaint; that at the time of filing of the suit the..Category: Civil Law | Date: | Hits: 90
....pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
......sh Biman Corporation, represented by MD. & another……………Respondents
Judgment
March 5, 2000.
Cases Referred to-
Attorney-General of Hong Kong Vs. Ng Yuen Shiu 1983 AC Vol. 2 page 629; House of Lords, Council of Civil Service Union and others Vs. Minister for the Civil Servic..
Category: Employment/Service Law | Date: | Hits: 113
....ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......igation by an Advocate Commissioner is allowed to relay any land or property in order to determine the location of the suit property but not in a case where the plaintiff described his land by giving full description with well defined boundary. In the case in hand defendants stated in their written ......hahi Masjid is situated on State Acquisition Plot No. 803. The plaintiff School and the defendant Mosque are situated on two different plots. On 10-12-1996 in the morning when the plaintiff School engaged laborers to cut a tree, the President and Secretary of the Masjid Committee and some outsiders ..
Category: Property Law | Date: | Hits: 68
Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......e instalment for the month of July ‘98, the judgment debtor had suffered imprisonment in terms of the meaning of the aforesaid, provision. But suffering of imprisonment once shall not rescue or salvage the judgment debtor from payment of balance money of the other instalments. By order No. 15 on 2..Category: Family Law | Date: | Hits: 162
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......the heirs of those opposite parties 20 and 21 who were non-contesting. Admittedly those opposite parties did not file any written objection for contesting in the pre-emption cases. At the appellate stage, this objection was taken by the pre-emptees to abatement of the pre-emption cases and it was ur..Category: Property Law | Date: | Hits: 58
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......ss-examined him. He denied the prosecution suggestion that he heard that the accused had murdered the deceased. In cross by the defence be admitted that Akbor, the ‘Bhaira’ of the accused, is his full brother and ‘Bhagnipoti’ of his daughter. In cross by the defence he admitted that he heard......e after the occurrence and made some injuries on the elbow of the deceased. He claimed that police had beaten the accused at the place of occurrence house. He then said that police had beaten the villagers, but on query by the Court he failed to state as to why the police had beaten the villagers. P..Category: Criminal Law | Date: | Hits: 32
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... 6. But by our meticulous consideration of the judgment in question it reveals that the said Miscellaneous Case under section 561A of the Code of Criminal Procedure was disposed of on merits to the fullest extent. In the case of Babulal Agarwala Vs. State reported in 13 DLR 1, it has been held tha...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... 6. But by our meticulous consideration of the judgment in question it reveals that the said Miscellaneous Case under section 561A of the Code of Criminal Procedure was disposed of on merits to the fullest extent. In the case of Babulal Agarwala Vs. State reported in 13 DLR 1, it has been held tha...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 52
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......er stock brokers or the stock dealers and are involved in the business of buying and selling of shares on their own account or on account of their clients. Having received the consideration amount in full said Mrs. Rashida Hossain executed the instrument of share transfer (From 117) in favour of the......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530...Category: Company Law | Date: | Hits: 194
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ...... by the negotiating bank (defendant No. 2) itself, before the said bank parted with the remainder of the money. If the money in dispute had not fountained from the plaintiff and if the same cannot lawfully be redirected to him, in the event other beneficiaries fail to receive it, we are afraid, we r......s Ltd. 1984, 2AIIER 408; Attorney General vs. Baker 1990, 3A11E.R 257); Fresh Fruit Wales Ltd. vs. Halbert, (Times, 29th January 1991); American Cynamid vs. Ethicon Ltd.; Shell UK Ltd. vs. Lostock Garages Ltd. 19761 WLR 1187 and Jaggard vs. Saweyer (1995 1 WLR 269). Lawyers Involved: Khandaker..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......ng record was not available on search and might have gone missing at the time of shifting of his earlier office from Sadar Upazilla premises to its new premises. However, the learned Judge by placing full reliance upon the Mutation Register (Exhibit-Gha), 2 Rent Collection Registers (exhibit Uma, ......observed”……………the evidence offered by the appellants to prove that the respondent was no longer a co-sharer was already produced before the trial Court, but this was done only at a late stage of the trial. The evidence was not considered by the trial Court for this reason. It was not pro..Category: Property Law | Date: | Hits: 53
Md. Kamal and another Vs. State, 2010, 39 CLC (AD)
....and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......er and mobile phone. Accused Hazrat Ali, Liton Sardar and Kamal who were caught read-handed also confessed their guilt and disclosed the name of accused Abdul Kader as their accomplice who somehow managed his escape with the stolen revolver and money. The victim police Inspector Nazrul Islam was sen..Category: Criminal Law | Date: | Hits: 54
Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)
....een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ......he plaintiffs have no cause of action and the injunction application is vague and unspecified and their specific case is that the defendant Nos. 5-7 are the brothers of the plaintiffs. Within the full knowledge of the plaintiffs, the defendant Nos. 5 and 7 transferred .60 acre of land in favour ......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ..Category: Property Law | Date: | Hits: 44
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......using admission of the petitioner in the MS (Urology) course under Bangabandhu Sheikh Mujib Medical University conducted by the Dhaka Medical College, Dhaka on false plea of the petitioner being over age on the basis of the notification dated 7-10-99 as contained in Annexure-G should not be declared..Category: Others | Date: | Hits: 100
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......ry under section 138 of the Negotiable Instrument Act affects the complainant-respondent in his individual capacity and no public injury or wrong has been committed by the accused-appellant and after full payment of cheque money both the parties have reached to a composition through on agreement dat......……Respondent Judgment July 19, 2009. Cases Referred To- kishore kumar Vs. T.K. Corporation Ltd. (2004) 13; Sayeed Ishaque Memon Vs. Ansari Naseer Ahmed and another (2005) 12 SC case page 140; Narsingh Das Tapadia Vs. Goverdhan Das Partani and another (2000)7 SC case page 183; Sailes..Category: Criminal Law | Date: | Hits: 57
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