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Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......ion. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......d to the plaintiffs. The High Court Division as well as the lower appellate Court came to a finding that the plaintiffs could not prove their settlement on the basis of dakhila. Having considered the evidence of the witnesses of the plaintiffs, the High Court Division as well as the lower appellate ..Category: Property Law | Date: | Hits: 101
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......e appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ed that the prosecution was able to prove its case beyond all reasonable doubt, and the learned Additional Sessions Judge rightly convicted and sentenced the appellant. 5. We have gone through the evidence on records and the impugned judgment and order. It appears that P.W.1 S. M. Shahidul Islam,..Category: Criminal Law | Date: | Hits: 101
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......1) 359.
......ther replied nor passed any order in the revisions; that the plaintiff was terminated from the service most illegally and the appellate authority has also dismissed the appeal without considering the evidence and without following the Rules and Regulation of the service and as such he was complete..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. 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: 63 DLR (HCD) (2011) 354. ......he Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......ntial address of the petitioner or whether the petitioner is liable for Taka 20,000 with interest are all disputed questions of facts which cannot be decided in the writ jurisdiction without proper evidence. 18. It has been decided in the cases of Zahirul Islam Vs. National Bank Ltd reported in..Category: Civil Law | Date: | Hits: 269
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ...... This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......gni and as such she inherited the entire share to the exclusion of the plaintiff who is sister of the half blood and that she has been in possession of the suit land. 4. Both the parties adduced evidence and filed various papers which were marked Exts. 5. The learned Subordinate Judge after ..Category: Property Law | Date: | Hits: 107
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......ct. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......t merely for default in this payment of loan. Appropriate remedy for the Shilpa Bank is to take action under Article 33 or 34 or 35 of P.O. No.129 of 1972. Be that as it may, on a reading of the evidence on record I find that only P.W.1 Mr. Karim, the Manager Shilpa Bank, Dhaka and P.W.6 Mr. Ra..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......aintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......learned Subordinate Judge has committed an error of law resulting in an error in the decision occasioning failure of justice, in not considering the material evidence and coming to a decision on no evidence at all. According to him, there is ample evidence on record showing possession of the plain..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......ase is also Reported in: 41 DLR (HCD) (1989) 441....... part of either lessor or lessee by fifteen day's notice, expiring with the end of the month of the tenancy. 22. It has been argued by the learned Advocate that there existed an implied consent as evidenced by her legal notice of the year 1984, which notice was served more than one year after the..Category: Property Law | Date: | Hits: 88
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......claimed to be tried. In all 10 witnesses were examined by the prosecution in support of the gharge and two were tendered for cross-examination by the defence. 5. The trial Court discussed the evidence, found the accused guilty u/s. 302/109 P.C. and sentenced them as aforesaid. 6. Offences..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......r as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......tten statement asserting that plaintiff has or had no right of pathway over the second schedule land and there is no cause of action for such suit. 5. The learned Munsif upon consideration of the evidence oral and documentary found that the plaintiff had acquired a right of easement over the sec..Category: Civil Law | Date: | Hits: 152
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......- Bristol South-East Parliamentary Election, (1961) 3 A E L R 354; Sanaullah Vs. Election Tribunal, Gujrat and others, PLD 1966 Lah. 97. Lawyers Involved: Syed Ishtiaq Ahmed with Salahuddin Ahmed, Advocates— For the Petitioner. Rafiqur Rahman with Tofailur Rahman, Advocates—For......esignation as a dealer to the Upazila Food Officer by a letter dated 9.1.88 which was accepted by the said Upazila Food Officer on 10.1.88. Hence he was not disqualified. 3. After discussing the evidence on record the Election Tribunal found that the petitioner's resignation was not accepted ..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......l Islam with Abdur Razzaq, Advocates—For the Petitioner. Mohammadullah, Advocate—For the Opposite Party No.1. Civil Revision No.164 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dat......intiff has no cause of action for filing this suit. Accordingly he rejected the plaint under Order 7, rule 11 C.P.C. 5. On appeal the learned Additional District Judge found that without taking evidence in the matter the learned Subordinate Judge; could not have given any decision on facts..Category: Business or Commercial Law | Date: | Hits: 282
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......CD) (1996) 164. ...... maintainable in this present farm and that the plaintiffs have no right, title and interest in the suit land. 4. The learned Upazila Munsif (now Assistant Judge) Tongibari on consideration of the evidence both oral and documentary decreed the Title suit No.24 of 1984 on contest. 5. Being aggr..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161....... down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......ccession certificate as the legal heirs vide Ext. 5 and those documents were accepted by the government without challenging them. 13. The trial Court upon consideration of the oral and documentary evidence on record found that the original property belonged to late Abdul Jalil and after his death..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ...... passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......n in respect of an offence after a report under sub‑section(1) has been forwarded to the Magistrate and, where upon such investigation, the officer in‑charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regard..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......ions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......gistrate which subsequently was retracted by him on 13.11.88. 5. Of the 16 witnesses so examined by the prosecution, P.W.1 M Moniruddin, Officer-in-Charge of Sonargaon Police Station stated in his evidence that on 17.9.88 Lokman Miah filed a First Information Report with the Sonargaon Police Stat..Category: Criminal Law | Date: | Hits: 73
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......kat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ...... the appellant who fired at him. P.Ws.4 and 5 deposed that while carrying the victim to the hospital by a tempo he hold them on questioning that appellant fired at him. Mr., Huq then submits that the evidence of these three P.Ws. are unworthy of any credence. He further submits that if the dying dec..Category: Criminal Law | Date: | Hits: 88
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......ecords at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......g beyond the recitals of the deed itself in finding that it was a deed of sale and not of exchange. He also submits that in a pre-emption proceedings only the recitals of the deed of transfer are the evidence to find the nature and kind of the transfer and the consideration of the surrounding facts ..Category: Property Law | Date: | Hits: 89
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......1992) 348. ...... in deciding the relationship of the landlord and the tenant between the plaintiff and the defendant, the learned Subordinate Judge has committed error of law by misappreciation and misconstruing the evidence particularly Ext. E, deed of transfer, the learned Advocate for the opposite party submits ..Category: Civil Law | Date: | Hits: 140
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......o hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......Special Judge on 5.2.92. The Special case was fixed for framing charge on 22.4.92. On the same day an application was filed on behalf of the petitioner stating that on the materials on record and the evidence collected by the Investigating Agency during investigation as it appears from the charge sh..Category: Criminal Law | Date: | Hits: 81
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