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Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......r Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ....... AH Mahfoozur Rahman learned Advocate along with Mr. Mashiul Alam, Advocate appearing on behalf of the defendant No.6 petitioner has taken me through the judgment of both the Courts and placed the evidence of both the parties and submitted that the Trial Court on both facts and law committed erro..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......al Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......offence charged. It is plainly desirable that the fact should be referred to on the face of the sanction. Where facts are not referred to on the face of the sanction nor it is proved by extraneous evidence that they were placed before the sanctioning authority, the sanction is invalid, and the ..Category: Criminal Law | Date: | Hits: 156
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......ansferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......it. He has also stated that he told to the Investigation Officer that the accused Innocent signed in the register book and was given rent of the room on seeing his passport. 20. After the close of evidence the condemned-prisoner was examined on 3‑8‑1991 under section 342 of the Code of Crimin..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... under this section and the tender of pardon will not operate as a bar to prosecution, if the public prosecutor certifies that the pardoned accused has not made full discharge of facts or given false evidence as a witness. 8. Section 248 of the Code says that if a complaint at any time before a f..Category: Criminal Law | Date: | Hits: 99
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......me relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... argue the case with a much broader spectrum, challenging the very continuation of the criminal proceeding, contending that the same should be set aside, as the FIR stories disclose no offence as the evidence of mala fide action is quite conspicuous. 4. In impugning the direction concerned, the P..Category: Criminal Law | Date: | Hits: 133
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......ement of this Order.
(3) On receiving an application under clause (2), the authority to which the application is made shall hold a summary inquiry in the prescribed manner and, after taking such evidence as may be produced, shall pass an order, stating the reasons therefore, rejecting the appli..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ...... This case is also reported in: 35 DLR (AD) (1983) 182. ......ndent, that if at the trial stage or even after remand by the High Court Division, the defendant-appellant raised objection on this score, it would have been open to the plaintiff-respondent to bring evidence on this point, but after the lapse of 24 years since notice had been served upon the defend..Category: Property Law | Date: | Hits: 103
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......n Kumar Deb, Advocate………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (AD) 205; Abdus Sattar Vs. Mohiuddin, 38 DLR (AD) 97=1986 BLD (AD) 224; B Kunwar......t premises and 6) what other relief or reliefs were the plaintiffs entitled to? The plaintiffs examined 4 P.Ws. in support of their case while the defendant examined 8 D.Ws. and having considered the evidence on record the learned SCC Judge by judgment and order dated 30-6-87 returned the plaint for..Category: Procedural Law | Date: | Hits: 74
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316....... to the defendants' possession of the land in question on the basis of the contract dated 21.4.68. His contention was that the learned Single Judge, on mere suspicion and without considering the oral evidence on record, for the first time in second appeal found that the deed of agreement dated 21...Category: Property Law | Date: | Hits: 79
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......iction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itioner is not a Commercial Establishment or Industries as per provision of the Employment of Labour (Standing Orders) Act, 1965 and Industrial Relation Ordinance, 1969. The Labour Court after taking evidence both oral and documentary and considering the facts and circumstance vide the impugned or..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......zahar Ullah Bhuiyan, Advocate and Mr. Lokman Hossain, Advocate appearing on behalf of the defendant petitioner has taken me through the judgments of both the Courts, plaint, written statement and the evidence of the parties and submitted that the judgment of the Appellate Court is not a proper judgm..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ...... of breach of peace concerning the case land. 6. During trial the first party examined 3(three) witnesses while the second party examined 2(two) witnesses and both parties also adduced documentary evidence to substantiate their respective cases. The trial Court hearing the parties and assessing t..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......ere committed. The investigation into a case by the police resulting in submission of a charge-sheet does not create any offence. The investigation by the police is for the purpose of collection of evidence in support of the offence or offences alleged to have been committed on a certain date by a..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......epare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......nd and as such the pre-emption case was not maintainable at all. 6. The contesting parties examined several witnesses in order to prove their respective cases. The trial court, on consideration of evidence adduced by the parties, rejected the pre-emption case holding that the transfer was an exch..Category: Property Law | Date: | Hits: 93
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......s-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372....... has no right, title and possession in the suit land. That the suit land has been rightly and legally leased out to different persons by the government. 4. The trial court, on consideration of the evidence adduced by all the contesting parties, and the facts and circumstances dismissed that Other..Category: Property Law | Date: | Hits: 68
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... lower Courts’ records. Ed. This Case is also Reported in: ......whether the order dated 9.12.1982 passed by the Circle Officer (Revenue) was illegal. In order to prove their respective cases, the substituted plaintiffs examined one witness as P.W.1 and adduced in evidence the registered deed of reconveyance dated 29.8.1949 as exhibit-1. The defendants also exami..Category: Property Law | Date: | Hits: 87
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
.... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......S. M. Moonir with Lokman Karim, Advocates - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 933 of 1999 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-petitioners, was issued calling in question the legality of judgment and o......tep for himself as well as for other defendants, of whom he was the tadbirker. They examined two witnesses and clearly proved the miscellaneous case, but the Courts below without proper assessment of evidence rejected the miscellaneous case and dismissed the appeal. 7. I have gone through the jud..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... Send down the lower Courts’ records. Ed. This Case is also Reported in: ......decree for partition, and (8) what other reliefs they were entitled to. 5. In order to prove their case, the plaintiffs examined six witnesses including plaintiff No.1 and adduced some documentary evidence in support of their case. On the other hand, the defendants examined two witnesses includin..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ed SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......h for more than six months. (9) Re-exportation of temporarily imported goods shall be guided by usual export formalities and after completion of the export of the goods, the importer shall produce evidence to the Collector of Customs who shall cause cancellation of the guarantee or undertaking, a..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......yees have been virtually dismissed from their services and the said order was passed without any legal formalities and the impugned inquiry is partial, mala fide, based on imagination and without any evidence and the respondent was not given any opportunity of being heard against the imaginary, mala..Category: Employment/Service Law | Date: | Hits: 155
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