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Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441........ They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441........ The accused persona pleaded not guilty to the charges. 6. The prosecution examined 11 witnesses and the defence examined none. 7. The learned Additional Sessions Judge on consideration of the evidence and materials on record found accused appellant Abdul Quddus guilty of the offence under se..Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
.... the learned Sessions Judge illegally admitted into evidence the said post‑mortem report without noticing that the prosecution did not care to fulfil the conditions of section 509A. Ext. 10 is thus inadmissible in evidence and so there remains no positive proof as to the cause of Amiruddin's death......n alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......trial there was addition to the prosecution story as set up in the first information report, that the report of the post‑mortem examination of the dead body of Amiruddin was illegally admitted into evidence, that the learned Sessions Judge did not notice that the appellants' acts in question were ..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......er as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......t that Ataur Rahman who was a wage‑earner in the United Kingdom influenced the defendant No.1 who was the Chairman, that the said defendant No.1 turned down the prayer of the plaintiff for adducing evidence in the arbitration proceedings and that the award was in fact prepared by one Mr. Saiful Al..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420....... The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420....... the tender. Under such circumstances, the claim of the petitioner is not entertainable. Lastly, it is contended in the affidavit in opposition that there are some questions of disputed facts needing evidence which may not be gone into writ jurisdiction. 11. Mr. Altaf Hossain Khan, the learned..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......€‘77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......he transferee. Neither the transferee nor her husband who in normal circumstances must have made the actual payment has not examined himself or herself before the authorised officer. Thus there is no evidence in support of the transferee's case of the payment having been made in 1973. So also there ..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... order to attract the mischief of clause (g), it must be shown that the loan was to be repaid within a time-limit allowed by the bank. If the loan does not anÂswer that description or if there is no evidence of the kind of loan granted by the bank, the mischief of clause (g) is not attracted. Since..Category: Election Law | Date: | Hits: 216
.... is discharged withÂout any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......dgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......e petitioner's seniority over all such promotees except No.14.
3. The Government of Bangladesh contested the case by filing a written statement.
4. After hearing the parties and considering the evidence and records of the case the Administrative Tribunal passed the following order on 3.11.85:-..
Category: Administrative Law | Date: | Hits: 445
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......rom the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......d and disÂposed of by this judgment. 5. No one appears for the State. Mr. A.N.M. Gaziul Huq, the learned Advocate appearing for the appellant having taken me through the impugned judgment and the evidence on record has submitted that the order of conviction and sentence as passed cannot be susta..Category: Criminal Law | Date: | Hits: 97
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......thers.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and anÂother Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Chandra Ray and another, 11 ......assed by Mr. M.A. Rahman, District Judge, Kushtia on 27.4.81 & 29.4.81 respectively and sent back the case on remand to that appellate Court for rehearing in accorÂdance with law in the light of evidence already on record and observation made therein. The teamed District Judge was further "dire..Category: Property Law | Date: | Hits: 115
Chittagong Port AuthoÂrity Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......Court Division (Chittagong Bench) (Civil Appellate Jurisdiction) Present: AM Mahmudur RahÂman J Chittagong Port AuthoÂrity.........................Appellant Vs. Hong Kong Shipping Lines & others..........................Respondents Judgment January 31, 1989. Resu......lower appellate Court fell into an error of law in decreeing the suit against the appellant. 6. The learned Advocate appearing for the respondents Nos. 1 and 2, on the other hand, submits that the evidence shows that the consignment were landed both under mark and under nil mark and as soon as th..Category: Business or Commercial Law | Date: | Hits: 397
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......ult the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......tres, cannot be decided by an admission of the present respondent in his affidavit-in-opposition because that is not a mailer within his special knowledge. This issue can be decided only after taking evidence. If people of certain villages had already voted on 10.2.88 and if they vote again at Hijla..Category: Election Law | Date: | Hits: 215
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......ate — For the Petitioner. Md. Emdadul Hoque Azad, Advocate — For the Opposite Parties. Civil Revision No. 378 of 1997. Judgment Amirul KabirChowdhury J.- This Rule at the instance of the defendant-petitioner arises out of an application under section 25 of the Small Caus......he suit premises there being a business between the parties who happened to be close relations, the defendant made the constructions and was doing the business there. 4. On consideration of the evidence on record the trial Court decreed the suit in favour of the plaintiff-opposite party. ..Category: Property Law | Date: | Hits: 101
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ion with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ated that on hearing the victim’s cry, the informant (P.W.4) and some other witnesses namely, P.Ws.6-9 rushed to the place of occurrence immediately after commission of the occurrence, but in their evidence they distorted the facts describing themselves as eyewitnesses to the infliction of fatal k..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......de. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......a reported in AIR 1979 (SC) 1705 and Almas Miah Vs. State reported in 55 DLR 403. 6. Mr. Taiful Kabir, learned Advocate for the appellant in Criminal Appeal No.25 of 1997 submits that there is no evidence that the alleged counterfeit note was taken from the appellant. He neither possessed nor us..Category: Criminal Law | Date: | Hits: 111
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......eg…………………….Petitioner Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the Petitioner. ......ssing the suit land as per amicable partition. The plaintiff has been possessing the house of Zitu Beg. 5. The learned Assistant Judge, on the pleadings, framed issues and both the parties adduced evidence. He believed the plaintiff's case and dismissed the suit by his Judgment and decree dated 3..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ...... DLR (HCD) (2010) 449. ......ant No.1 filed an adjournment prayer, which was rejected and the suit was fixed on 10-4-1995 for order. On 10-4-1995, the ex parte decree was passed in accordance with law. 9. Both parties adduced evidence and the learned Subordinate Judge dismissed the miscellaneous case by his Judgment and orde..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533....... and decree and the petitioners also deposited 10% of the decretal dues as per order of the Adalat but the learned Judge of the Adalat without deciding the claim of the petitioners on merit on taking evidence rejected the Misc. Case holding illegally that the petitioners were well aware about the fi..Category: Civil Law | Date: | Hits: 157
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......s. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......nt on facts allegedly committed prior to the promulgation of Durnity Daman Commission Ain, 2004, constitute an offence under the Durnity Daman Commission Ain are disputed facts can only be decided on evidence at the trial." The principle expounded in the case referred to above also applies to the..Category: Criminal Law | Date: | Hits: 112
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......his Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......nvestigation is the precondition for ensuring dispensation of justice. Mainly for that purpose, when there is allegations of serious offence, bail is generally refused, in order to avoid tempering of evidence so that the police nay collect evidence from the witnesses, who may otherwise be afraid of ..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......ance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... Court Division did not advert to the findings of the trial Court which came to a finding that the plaintiff could not prove the transaction and that the High Court Division upon non consideration of evidence of P.Ws.1, 2 and 4 about payment of consideration reversed the judgment of the trial Court ..Category: Civil Law | Date: | Hits: 186
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