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Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......6 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......gone through the Arbitration award, impugned judgment dated 21-1-2007, the contract agreement dated 18-10-2004. We also perused the memo of appeal and counter affidavit and application for additional evidence. Considering the material on record it transpires that in pursuance of tender documents the..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......y granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the case. The purpose..Category: Criminal Law | Date: | Hits: 97
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453....... This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......of 1988 and by suppressing this fact they got the present registration. 4. As against this Syed Ishtiaq Ahmed, the learned Counsel appearing on behalf of the opposite party No.1, submits that no evidence has been led or produced to prove that this design of the opposite party No.1 has been prev..Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451....... Represented ‑ For the Opposite Party. Civil Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge ......der section 8C the Court may depute, or issue a commission to any suitable person to make such local or other investigation as may be necessary and to report thereon to the Court. Such report and any evidence recorded by such person shall be evidence in the inquiry. (2) The Court may, from time t..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ....... Result: The Rule is discharged Cases Referred to- Laxmi Kanta Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barman Vs. Pran Gopal Nandi, 32 DLR 11; Akrab Ali Vs. Zahiruddin kari, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; Abdul Mutalib Vs. Md. Mostakin Ali, 1999 BL......ah, the learned Advocate appearing for the petitioner, seeks to impeach the impugned Judgment and decree on the two-fold arguments. Firstly, the learned Judge of the trial Court after considering the evidence on record came to a definite findings that the plaintiff failed to prove his right, title a..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......HCD) (2010) 426. ......teacher and the petitioner signed and agreed and, as such, the notice of retirement was served upon him; thus the suit is liable to be dismissed. 4. The learned trial Court on consideration of the evidence and materials on record decreed the suit. As against that the defendant preferred Title App..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......fect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......last investigating officer, who took up investigation of the case on 17-1-2004 and after conclusion of investigation submitted charge sheet against the accused. 8. After closing of the prosecution evidence the accused was examined under section 342 of the Code of Criminal Procedure, when he submi..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....ourt as a valid piece of evidence and therefore, the impounding of the said stamp paper did not make it a valid piece of evidence for which the Judgment passed in appeal decreeing the suit relying on inadmissible evidence is a palpable illegality and erroneous on the facts and circumstances of the c......s below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ...... dated 4-2-1995. The rent receipt and a copy of the plaint in Title Suit No.34 of 1998 was duly marked, as Exhibit in the suit. 8. The learned trial Judge upon framing proper issues considered the evidence on record and upon finding that the plaintiff miserably failed to prove his case and upon f..Category: Procedural Law | Date: | Hits: 120
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......Nahar Begum and another………………………………………Opposite Party Judgment January 9, 1995. Result: The Rule is disposed of. Cases Referred to- Aga Mahomed Jaffer Bindanim Vs. Koolsoom Beebee and others, ILR 25 Cal 9; Mst. Rashida Begum Vs. Shahan Din & others......pposite parties and perused the records. It appears that none of the Courts below has given its reasoning for the amount fixed by them as the maintenance per month. Neither of the parties adduced any evidence upon which amount monthly maintenance can be determined and fixed. Nevertheless we are not ..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......ellate Court came to his own decision in one sentence to the effect, "We found nothing illegal in the impugned order." So it appears that the learned Additional Sessions Judge neither scrutinised the evidence on record nor came to his own decision independent to that of the trying Magistrate. This i..Category: Criminal Law | Date: | Hits: 85
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......rty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......d not be read over to him and, as such, trial proceeded in his absence. The prosecution in all examined 11 witnesses and defence examined none. 4. The learned Special Judge in consideration of the evidence on record found the appellant guilty under section 409 of the Penal Code read with section ..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......ed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......statement. 5. In this background of the case, plaintiff-petitioner examined 4 P.Ws. and 2 D.Ws. were examined on behalf of defendant Nos. 1 and 2. 6. The trial Court on due consideration of the evidence and materials on record decreed the suit. 7. Although the Additional Deputy Commissioner..Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......pplication. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ...... the election petition. It has further been held that it is as if a person guilty of a corrupt practice can get away with it. Where at the concluding stage of the trial of an election petition, after evidence has been given, the Court finds that there is sufficient material to hold a person guilty o..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......sts. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......uld be the reasonable expectation or understanding of the employees holding that position at the relevant time. The contractual retiring age will prima facie be the normal, but it may be displaced by evidence that it is regularly departed from in practice. The evidence may show that the contractual ..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ...... suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......n schedule-'Ka' to the plaint and established the cattle market therein by developing the land by his own money which was being managed by a committee of Ailchara Union Parishad with reference to the evidence adduced by him. He has further submitted that the Upazila Parishad after declaring the said..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......yers Involved: Farmanullah Khan - For the appellant. No one - For the respondent. Appeal from Appellate Decree No.172 of 1976. Judgment AM Mahmudur Rahman J.- This second appeal at the instance of the plaintiff is against the judgment and decree of affirmance passed by the learned Add...... dismisses the suit only on the point of limitation. The lower appellate Court is not debarred from deciding the appeal both on point of limitation and on merit after taking into consideration of the evidence on record as the appeal is a continuation of the suit. Rather in my view recourse to such a..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......12.......holding that Md. Wali had two wives but the lower appellate Court illegally omitted the same from consideration. Mr. Mokbul Ahmed further submitted that the lower appellate Court did not consider the evidence of D.Ws. and without considering the evidence of such witnesses illegally reversed the find..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......er Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......der section 302 of the Penal Code on 9-5-2001 who pleaded not guilty and claimed trial. 5. At the trial to bring the charge home prosecution examined 12 witnesses. After closing of the prosecution evidence the accused was examined under section 342 of the Code of Criminal Procedure who wanted to ..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......der section 342 of the Code of Criminal Procedure, is that they are innocent and have been falsely implicated in this case out of enmity. The learned Additional Sessions Judge on consideration of the evidence on record and the facts and circumstances of the case found all the accused appellants guil..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......21 accused persons. 4. During trial before the learned Additional Sessions Judge the prosecution examined as many as 23 witnesses including 9 eye witnesses of the occurrence and also laid material evidence to show that the occurrence took place as alleged. 5. On the contrary, the defence exami..Category: Criminal Law | Date: | Hits: 104
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