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Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ...... MA Kashem Bhuiyan, Advocate - For the Petitioner. None Appears - For the Opposite Parties. Civil Revision No. 5405 of 2004. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the oppositeparties to show cause as to why the impugned Judgmentand decree dated 25-8-2004......onjectures resulting in an error in the decision occasioning failure of justice. He next submits that the plaintiff has succeeded in proving the case beyond reasonable doubt by adducing and producing evidence, both oral and documentary which the trial Court did not take into consideration illegally...Category: Property Law | Date: | Hits: 121
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....t further observed that in the judgment of the criminal motion (Exhibit 4) it has been observed that the present defendants failed to prove their possession of the land. So, on the basis of the above inadmissible evidence, the appellate Court has decided the question of posÂsession against the defe......4, 2010. Result: The Rule is made absolute. Cases Referred to- 3 BLD 258; Mamud Raja Bhuiyan Vs. Md. Lal Miah, 40 DLR 271; SN Gupta & Co Vs. Sadananda Ghosh, 11 DLR 470; Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Ouseph Varghese Vs. Joseph Aley, (1969) 2 SC...... some trees and constructed some Kutcha huts over the suit land; that the petitioner filed additional written statement dated 17-10-1993 which was recorded in the file. 6. Both the parties adduced evidence both oral and documentary. The trial Court after hearing the parties and considering the fa..Category: Property Law | Date: | Hits: 90
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......eport, Form, PM report, Map and Index were marked Exhibit 1, 1A, 2, 3, 3A and 4. 8. Blood stained earth, Panjabi, Sandals, ganji, Lungi and chadar were marked Material Exhibit 1‑1(e). 9. Upon evidence as above learned court Âbelow found accused Abul Khair guilty under section 302 Penal Code..Category: Criminal Law | Date: | Hits: 97
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cases at page 60; AIR 1984; Ghulam Muhammad Vs. Sher Dil, PLD 1967 Azad J & K 26; Kamod Singh Vs. Khemkaran, AIR 1927 (Nagpur) 260; Basant Singh and others Vs. Brij Raj Saran Singh and othe......d Assistant Judge framed as many as 6(six) issues including an issue as to whether the suit was barred by limitation (issue No.4). Having heard the parties and their Counsel and having considered the evidence and materials on record, the learned Assistant Judge, Chatkhil dismissed the suit by judgme..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......ed. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......or submitted an application before the Magistrate to summon the accused persons to face their trial for the offence under sections 307/114 of the Penal Code. The Magistrate thereupon went through the evidence on record against the accused and upon that issued orders summoning them under the said sec..Category: Criminal Law | Date: | Hits: 102
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......wn the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......e done by him, in favour of opposite parties 1-3 and, as such, the petitioner is not entitled to get an order of pre-emption.
4. Before the trial Court both the sides produced oral and documentary evidence in support of their respective cases. The learned Subordinate Judge by his impugned judgmen..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......€™s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......r that the aforesaid gifts were validly made, the possession was duly delivered and the gifted properties were mutated in the name of the donees. 5. The learned trial Court on consideration of the evidence and other materials on record dismissed the suit holding that the gifts were properly made,..Category: Property Law | Date: | Hits: 85
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......tution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......n for, or as necessary step towards, the change of Government of the People’s Republic of Bangladesh and the Proclamation of Martial Law on the morning of the 15th August, 1975, shall be sufficient evidence of such act, matter or thing having been done or step having been taken in connection with,..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......d fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......t on his failure to comply with the said requirement his nomination paper is liable to be rejected. In other words, this is a case where the statute requires the candidate to produce the prescribed evidence and provides a penalty for his failure to do so. If the candidate fails to produce the re..Category: Election Law | Date: | Hits: 211
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......o- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Op......y to grab the entire property so the same suit is liable to be dismissed. 4. The plaintiff examined 10 witnesses and the defendant examined witnesses and both the parties produced some documentary evidence in support of their respective claims. 5. The trial Court by its judgment and decree dat..Category: Property Law | Date: | Hits: 103
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......arned Special Tribunal Judge by his judgment dated 17-4-93 passed the order of conviction and sentence as mentioned above. 3. Out of the 6 witnesses examined in the case, let us discuss below the evidence of P.W.6 who lodged the First Information Report and gave out the prosecution case. The wit..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ve been killed by unknown enemies. The further defence is that the accused persons are not in any way connected with the murder and have been falsely implicated out of enmity. On consideration of the evidence on record the learned Session Judge believed the prosecution case and found all the nine ac..Category: Criminal Law | Date: | Hits: 85
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......wn the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294....... trap was done in accordance with law and there is no violation of rule 16(2) of the Anti-Corruption Commission Rule and he further submits that the facts and circumstances of the case as well as the evidence well proved the recovery of marks note from the accused-appellant therefore the conviction ..Category: Criminal Law | Date: | Hits: 142
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......r the Opposite Party. Civil Revision No. 4639 of 1995 with Civil Revision No. 4640 of 1995. Judgment MA Wahhab Miah J.- These two Rules have arisen out of two orders of similar nature passed in Miscellaneous Case Nos.29 of 1995 and 30 of 1995 both dated 31‑10‑1995 passed by the learned ......s each of the defendant-petitioners examined 3 witnesses, on the other hand, the plaintiff-opposite parties examined 2 witnesses including the process server. The court bellow on consideration of the evidence on record, both oral and documentary, disbelieved the testimony of the process server and c..Category: Procedural Law | Date: | Hits: 100
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawyers Involved: SB Bhandari with Shah Md. Munir Sharif, Advocates - For the Petitioner. Moudud Ahmed with Raziudddin Ahmed, KP Bhowmik and Khalifa Shamsun Nahar, Advocates - For the Opposite-Party No.1. Md. Hefz......ld not be interfered with by this Court. 9. We should confine ourselves within the ambit of the impugned order i.e. whether the impugned order passed by the appellate Court below is based on legal evidence or not. Before to discuss the merits and demerits of the impugned order we would like to na..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......ahman, P.W.5 Giasuddin P.W.6 Torab Ali P.W.7 Shambhu Sen, P.W.8 Rustom Ali and P.W.9 Jasimuddin. They were cross-examined on behalf of defence. First information report and PM report were tendered in evidence and marked Exhibits 1‑2. It may be mentioned that seizure list map and index of the place..Category: Criminal Law | Date: | Hits: 103
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ...... 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ...... petitioner's constitutional rights does not arise. It is further statÂed that the petitioner has failed to make out any prima facie case inasmuch as the petitioner has failed to adduce any specific evidence indicating that the respondents have acted whimsically or arbiÂtrarily which is malafide o..Category: Employment/Service Law | Date: | Hits: 157
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......ners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......e facts as stated above. 3. The respondent‑Government did not file any written statement or objection denying the material facts stated by the petitioners nor adduced any oral and documentary evidence. 4. The learned Court of Settlement after hearing the parties dismissed the applicati..Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......red by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. .......2 on 19.3.79. 5. On these allegations all the three of them were tried by the learned Additional Sessions Judge, Noakhali. The learned Judge considered all aspects of the case and believed the evidence of P.Ws. 1, 3‑6 and 8 as also other circumstances proved in the case. Accordingly, he con..Category: Criminal Law | Date: | Hits: 116
Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)
.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......hmed, Advocate‑For the Petitioner. M Baziur Rahman Talukdar, Advocate ‑For the Opposite parties. Civil Revision No. 1347 of 1989 Judgment Mozammel Haque J. -This Rule was issued directing the opposite‑parties to show cause as to why the judgment and decree dated 18.9.89 passed by t......uently purchase the suit property from the plaintiffs, but he is not a tenant of the suit property and he never paid any monthly rent to the land‑lord of the suit premises. Both the parties adduced evidence both oral and documentary and after considering the material evidence on record, the learne..Category: Property Law | Date: | Hits: 108
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