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Displaying 1581-1600 of 4280 results.
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519........ Result: The Rule is made absolute. Cases Referred to- Asia Khatun Vs. Kutu Bewa, 6 DLR page 156; Daibakilal Basak Vs. Iqbal Ahmed, 1965 PLD Dhaka 411. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury Advocates - For the Petitioners. Md. Ansar Ali, Advocate - ......deed and that it was read over and explained to her and she received prayer carpet from the done and deed in question is valid and bonafide document. 4. On these pleadings both the parties adduced evidence in support of their respective contentions. On consideration of evidence the trial Court he..Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......(Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Bangladesh Inland Water Transport Authority...................................Petitioner Vs. United Trading Corporation............................................Opposite Party Judgment May 29, 198......tiff-opposite party is not a suit to enforce the award at all. He has vehemently argued that this is an independent suit for determination of damages by the Court afresh on the basis of independent evidence to be led by the respective parties in the Court itself and it is a suit for a decree for d..Category: Civil Law | Date: | Hits: 142
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
....to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......rshid Alam Khan, Advocate — For the Petitioner. Nazrul Islam Talukder, Advocate — For the Opposite Party. Civil Revision No. 3203 of 1998. Judgment Md. Abdul Aziz J.- This Rule at the instance of the defendant-petitioner has been obtained calling in question the order being Order No.......cceptance of the report being an interlocutory order passed by the trial Court, it does not effect the merit of the case. The learned Advocate also submits that this report not being a final piece of evidence, there is nothing for the defendant-petitioner either to be prejudiced by it or to be appre..Category: Civil Law | Date: | Hits: 122
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behalf of Quamruzzaman, Advocate — For the Petitioner Mihir Kanti Majumder Advocate — F......n from him and that the plaintiffs were not entitled to get the property reconveyed nor were entitled to get any decree in the suit and so the suit was liable to be dismissed. 4. During the trial, evidence was adduced by the parties and on consideration of the same, the trial Court decreed the su..Category: Procedural Law | Date: | Hits: 129
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......itioner. Md. Abdul Kuddus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civil Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur in Misc......Luthfur Rahman was really the care-taker on behalf of the petitioner Sarajubala because the nature of the auction-purchase would depend largely on the determination of this question on the basis of evidence on record. It was also stated in the main petition that the petitioner was all along in pos..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......nt on behalf of the appellant and also for the driver. Learned Advocate submits that, if the case of the plaintiffs be believed to be true then the appellant cannot be held responsible as there is no evidence on record that on the instruction of the appellant the driver proceeded on the wrong way an..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ....... Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......are and natural justice, as per provision of rule 19 of Order V CPC the process server is required to be examined in support of his declaration and as to service of summons. His depositions stands as evidence of fact as to the service or admitted the service of the summons. On a reading of the Judgm..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......ds vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......e of the Rule. To identify the unscrupulous traders involved in illegal extraction for taking legal action against them and realizing compensation from them are questions of fact to be ascertained on evidence and as such, such questions cannot be decided in writ jurisdiction. So, the Rule to that ef..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......the Daulatpur Mohsin Girls' College until recently and she is connected with various social organizations in the Khulna town and as such there is no chance of her absconsion or tampering with the evidence. (3) Lastly, it is submitted that in the same case one co-accused Liaqat Sharif who was ..Category: Criminal Law | Date: | Hits: 105
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......ure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......respect of the proceeding lands and the proceeding under section 145 of the Code of Criminal Procedure is not maintainable. 8. The Upazila Magistrate Maheshkhali, Cox's Bazar on consideration of evidence on record held that there was no apprehension of breach of peace in respect of proceeding..Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ....... - These three Rules are heard together and are disposed of by this Judgement as they arise out of the same judgement passed by the Member. Arbitration Appellate Tribunal and District Judge, Dhaka in Arbitration Appeal Nos.1/87 and 2/87 allowing in part and modifying the Award passed by the Arbit......e Appellate Tribunal sits over the Judgment of the Arbitrator in appeal and in doing so the Tribunal must judge whether the decision has been rightly given within the frame of the Ordinance and the evidence on record and in doing so certainly the Tribunal exercises a judicial function and we have ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......, Advocate— For the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Titl......inst the plaintiff, that there was no lacuna in the proceeding and the principle of natural justice was also duly followed in the case. 6. The learned Subordinate Judge on consideration of the evidence and materials on record, decreed the suit, on appeal the learned Additional District Judge ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....onal statements of co-accused Jamaluddin, Shahnewaz and Moniruzzaman which cannot be used against the co-accused petitioner and that as the statement of Md. Shahidul Islam @ Shanu as an accomplice is inadmissible in evidence, accused Shah Alam Chowdhury should be released on bail. 5. Section 30 o......py of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......l Board, the learned advocate found it difficult to argue this point at the time of hearing of the bail petition. Mr. Abdul Malek, learned Advocate for the petitioner argued that on merit there is no evidence against the accused petitioner Shah Alam Chowdhury excepting the confessional statement..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......na. 5. Prosecution side examined as many as 10 witnesses including Investigation Officer and constables. Defence examined none. 6. Trial of accused held in absentia. On consideration of the evidence on record the learned Sessions Judge, Kurigram arrived at a finding that the charge under s..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......neral, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89....... a joint mess and in cordial terms. 7. Prosecution examined 7 witnesses including official witnesses but defence examined none. 8. The learned Additional Sessions Judge, on consideration of the evidence on record found appellant Nasir Ahmed to be guilty under sections 302/34 of the Penal Cod..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ....... Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... appealed against before the Supreme Court and the decision is reported in PLD 1972 (SC) 25. The Supreme Court however dismissed the appeal holding, inter alia, that after carefully considering the evidence led by the parties, it appears to their Lordships that the appellants have failed to disc..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......ence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......ecution has examined as many as 9 witnesses in this case to prove the charge levelled against the accused-appellant and the witnesses were cross examined by the defence. 8. On consideration of the evidence and materials on record the learned Sessions Judge found the accused-appellant guilty under..Category: Procedural Law | Date: | Hits: 118
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......ompany Ltd. Vs. Apear Collieries Ltd. and others, 1926 Cal 412, Haridas Sadhu Khan Vs. Iswar Ratneswar and others, 1933 Cal. 94; Ramnarayana Rao Vs. Ramkrishna Rao and another 1936 Mad. 358, Jarnail Singh Vs. Mst. NarainKaur and others, 1936 Lah. 766, Mst. Kalpa Vs. Sita Ram and another 1955 All 187......ome to a finding as to whether there had been or not a compromise effected between the parties and to decide if the compromise was lawful. In this case there was no such denial and there being no evidence on record to show the term of compromise effected between the plaintiffs and the defendant ..Category: Property Law | Date: | Hits: 109
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ...... limitation. They also denied the petitioner’s claim to be owners of adjoining land of the case land. 4. The learned Munsif on perusal of the petition for pre-emption, written objections and evidence adduced by both the parties arrived at the decision that the petition for pre-emption is no..Category: Property Law | Date: | Hits: 100
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ...... purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......or disposal vide order dated 3‑12‑79. The learned Divisional Special Judge framed charge against this appellant on 2‑11‑82 and without examining any witness afresh and placing reliance on the evidence recorded by the Summary Martial Law Court by the aforesaid Judgment found this appellant, g..Category: Criminal Law | Date: | Hits: 98
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