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Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ...... Vs. Abdullah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BL......ere given lease of the suit land on year to year basis, since 1977-78 they were in possession and the claim of possession of the plaintiffs is false. 8. In this context, both parties adduced their evidence both oral and documentary. 9. Trial Court disbelieved the contention of the plaintiff as..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......e of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......e injured at the time of occurrence as stated in the First Information Report did not support the prosecution case. Both of them deposed that they did not witness the occurrence. It is found from the evidence of P.W.14 Dr. AM Nurul Islam that he treated P.W.11 Abdul Majid Molla and found simple inju..Category: Criminal Law | Date: | Hits: 108
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......51 DLR (HCD) (1999) 412.
...... the contract was bound to cause hardship on the defendant which he did not foresee whereas its non performance would (cause) no such hardship on the plaintiff.
16. In this case we may examine the evidence adduced on the point of physical and mental incapacity of the defendant occurring after the..
Category: Property Law | Date: | Hits: 120
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......a Kamal Pasha, Advocate—For the Petitioners. AKM Abdul Hakim, Advocate—For the OpÂposite Party. Civil Revisional Case No. 48 of 1984. Judgment AM Mahmudur Rahman J.- This Rule at the instance of the defendants-petitioners Nos.1 to 3 is directed against the judgment and decree passed......appeal below on a proper consideraÂtion of the exhibits namely Kabala Ext.A (1) dated 22.3.72, Ext.3 series the rent receipts and Ext. A series, the P.W.s and BS Khatians and also considerÂing oral evidence of the P.W.s and the DWs came to a finding that the plaintiff proved his case of exclusive ..Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......amely, offer, acceptance, delivery of possession, still the deed of heba is hit by the principle of Marzul Maut i.e. death illness. Mr. Sobhan strenuously argues that the plaintiff has established by evidence that AbÂdur Rahman Sikder while making the deed of gift was suffering from death illness a..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......t him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......rÂrence. P.W.1 who lodged the FIR is a henchman beÂlonging to the party of the said Chairman. The acÂcused persons are not guilty of the charge levelled against them. 7. On consideration of the evidence on record, the learned Sessions Judge found the accused Hafizuddin (the appellant) and accu..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....he satisfaction of the Deputy Commissioner, Dinajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......ajpur till commenceÂment of the trial of this case before the learned SesÂsions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394....... to say whether the appellant should continue on bail during the trial also. 14. As regards the second point urged before us that the investigation was perfunctory and the same is contrary to the evidence on record, we like to obÂserve that it relates to the merit of the case and as such we ref..Category: Criminal Law | Date: | Hits: 74
....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......s.
Md. Sonaullah Pramanik & others..................................Opposite Parties
Judgment
August 8, 1989.
Result:
The Rule is made abÂsolute.
Cases Referred to-
Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and or......uncil exÂplained this legal position in the following words:-
"If by exclusive possession of joint estate is meant that one member of the joint family alone occupies it, that by itself affords no evidence of exclusion of other interested members of the family; Uninterrupted sole possession of su..
Category: Administrative Law | Date: | Hits: 488
Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......for disposal and allow the Deputy Attorney General to make his submissions. 12. Mr. Khizir Hayat, learned Deputy Attorney General appearing for the State-opposite party submits that in view of the evidence on record, the allegations of explosions of two bombs by the accused including the petition..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......gly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......closing the prosecution, the learned Additional Sessions Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, but did not adduce any evidence in defense nor he did retract his confessional statement. 6. After conclusion of trial, ..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......f the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......cations by order dated 24.6.1997 on the reasons that earlier their application for discharge was rejected and there was no order of stay from the superior Court, and that the case was at the stage of evidence. 7. It further appears that the Additional Sessions Judge, Dhaka allowed the criminal r..Category: Procedural Law | Date: | Hits: 114
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:...... any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:...... submitted on 27.12.1992, while the ejahar was lodged on 27.8.1993 without any reasonable explanation of delay, which made the prosecution case doubtful. She further submits that it was proved by the evidence of close relations to the victim, namely P.Ws.3-5 that she and her husband led a happy conj..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......that the petitioner has raised a question whether the allegations made in the complaint constitute any offence under section 420 or any other section of the Penal Code. 7. No certified copy of the evidence of witnesses has been annexed to appreciate to facts. Definitely the trial Court is compete..Category: Criminal Law | Date: | Hits: 85
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......o so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......istant Attorney General to assist the Court and make her submissions. 5. Ms. Syeda Rabia Begum, learned Assistant Attorney General submits that P.W.1 has fully supported the prosecution case. His evidence has been corroborated by evidences of the members of raiding party. The case has also been ..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......t, learned Deputy Attorney General to make his submission. 7. Mr. Khizir Hayat, learned Deputy Attorney General appearing for the State-respondent submitted that the prosecution case was proved by evidence of the informant, Investigating Officer and other members of the raiding party. Although th..Category: Criminal Law | Date: | Hits: 113
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......r section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......gum actually had committed suicide by hanging. P.Ws.7 and 8 did not support the prosecution case, while P.W.11 Rina Begum stated that she herself saw the victim’s dead body in hanging position. The evidence of other witnesses, who supported the prosecution case were also contradictory. The abrasio..Category: Criminal Law | Date: | Hits: 110
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......r their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......nd 34 of the Penal Code by order dated 26.5.1990, to which they pleaded not guilty and claimed to be tried. In course of trial, prosecution examined eight witnesses and the case was fixed for further evidence. Meanwhile the petitioners filed an application for stopping further proceedings in the cas..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....missal of the respondent No.2 is modiÂfied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......nt that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......pted the reÂport and dismissed the respondent No.2 in accorÂdance with law. 4. The learned Labour Court examined witnessÂes for the respondent No.2 including himself and afÂter considering the evidence on record and the facts and circumstances of the case allowed the case as aforesaid by the ..Category: Labour and Industrial Law | Date: | Hits: 160
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......rs…………………………Respondents Judgment February 23, 2011. Result: The appeal is dismissed. Case Referred to- Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd., 54 DLR (AD) 70; Uttara Bank Vs. Macneill and Kilburn Ltd., 33 DLR (AD) 298; Janata Bank Vs......ant filed money suit for realization of the said export bills of Taka 53,03,500 equivalent to US $ 1,11,000, but the learned Joint District Judge without considÂering the facts and circumstances and evidence on record, most illegally dismissed the suit, and, as such, impugned judgment and decree ar..Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492....... Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492....... be decided when exercising a jurisdiction under section 561A of the Code of Criminal Procedure. This is a function of the trial Court which would decide appropriately those facts on the basis of the evidence which will be adduced by the parties in the case. 6. Section 294B was inserted by Act XX..Category: Criminal Law | Date: | Hits: 126
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