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....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......rd at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......ity to withdraw money from HRC Case No. 224 of 1983?
5) Whether the plaintiff is entitled to get a decree as prayed for?
Both the parties examined witness and their documents were admitted into evidence.
6. The learned Sub-ordinate Judge by the impugned judgment and decree dated 02.11.1996 ..
Category: Property Law | Date: | Hits: 113
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court 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: ......990; whether the plaintiff was entitled to get a decree as prayed for, and what other relief he was entitled to. 6. The plaintiff, in order to prove his case, examined six witnesses and adduced in evidence the alleged sale agreement as exhibit-1. On the other hand, defendant No.1 examined three w..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ...... This Case is also Reported in: 35 DLR (AD) (1983) 230. ......s, occupancy raiyat, non-occupancy-raiyat, under raiyat etc. There is nothing in rule 18, which requires the Revenue-officer to record the under-raiyat as the upgraded raiyat in the Khatian. It is in evidence that the S. A. Khatian was prepared by the Revenue-officer under the State Acquisition and ..Category: Property Law | Date: | Hits: 85
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......rt Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......The prosecution examined 12 witnesses including the informant and defence examined none. 5. The learned Judge of Special Tribunal after conclusion of trial considering the facts, circumstances and evidence on record passed the impugned judgment and order dated 31.10.1999 convicting the appellant ..Category: Criminal Law | Date: | Hits: 95
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
.... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......e boundary wall. 5. Upon hearing 8 (eight) witnesses in support of the plaintiffs' case and 6 (six) witnesses in support of the defendant No.1's case and after considering the oral and documentary evidence, the trial Court decreed the suit by judgment and order dated 29.05.2000 on the ground that..Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......d, Advocate - For the Petitioner. Idrisur Rahman, Advocate - For the Opposite Party Nos. 41 and 42. Civil Revision No. 2330 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and decree dated 12-9-1996 passed by the Additional District Judge, 1st Court, Sy......, submits that the learned Court of appeal below erred in law in reversing the judgment of the trial Court without reversing the material finding arrived at by the trial Court on consideration of the evidence on record and the same has occasioned failure of justice. 9. Mr. Idrisur Rahman, the lea..Category: Property Law | Date: | Hits: 88
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......…………………Respondent Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred To- Government of West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 31 DLR (AD) 266; Asaduzzaman Vs. Bangladesh, 36 DLR (AD) 108;......issed the appeal being First Appeal No.184 of 1990 on 12th April, 1994, affirming the Judgment and decree of the court below. In the Judgment the Division Bench mentions as follows: “It a not in evidence that the document was executed sitting in the house of the plaintiff where the wife would h..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......han Chandra Das and others………………………Opposite Party Judgment February 19, 1990. Result: The Rule is made absolute. Cases Referred to- Anwar and others Vs. Abul Hossain Molla and others, 44 DLR 79; Hachina Begum and others Vs. Mosammat Mahfuza Akhter and another, 16...... registration of a document or a particular Sub-Registrar’s office, such a document is to be adjudged as void under section 28 of the Registration Act.” Here, in the present case, it is not in evidence that the recitals of the documents were read over to the unsophisticated illiterate village..Category: Procedural Law | Date: | Hits: 105
Maudud Vs. State, 1998, 27 CLC (HCD)
....mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......ox. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......anding key on entering into the shop of the informant and he caused bleeding injury to the informant with the dagger when the informant snatched away the pistol from his hand. On consideration of the evidence, Special Tribunal found the appellant guilty of possessing the dagger but did not find him ..Category: Criminal Law | Date: | Hits: 87
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......s vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......mplead as transferor- defendants in the suit and by the error a failure of justice has been occasioned. 23. From the impugned order it appears that the suit reached to its peremptory stage and the evidence of P.W.1 Niranjan Kumar Mondal had been recorded in part. The suit having reached to its pe..Category: Procedural Law | Date: | Hits: 74
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26....... and others...............................Appellants Vs. Julekha Khatoon and others............................Respondents Judgment November 21, 1994. Result: The appeal is allowed in part. Lawyers Involved: Amir Hossain with Farzana Hoque, Advocates ‑ For the Appellants. ......them by a kabuliyat dated 3rd Chaitra, 1330 BS Ext. C. Their further case is that Alabuddin and after his death his heirs paid rent of the suit property to the landlord. 4. On consideration of the evidence on record trial Court found that Rahmat Ali had 8 annas share in the suit land and decreed ..Category: Procedural Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......) (1995) 70....... from the plaintiff of the 2nd suit who was put into possession of the suit land by the defendant No. 1 Santosh Kumar Paul himself i.e. the present appellant and further found on consideration of the evidence on record that it would be unjust to deny a decree for specific performance of contract to ..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......ar 2009. In our view that the contemnor No.3 has simply carried on the process left behind by his predecessor and we cannot find any mala fide in his activities. There does not appear to be any evidence of mens rea on his part to deliberately flout the order or direction of the Court, and, the..Category: Employment/Service Law | Date: | Hits: 156
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......) 141.......ent is necessary for the purpose of determining the real question in controversy between the parties and proper adjudication of the suit. Moreover, the plaintiff will prove his own case by adducing evidence and the defendants have the ample opportunity to file additional written statement against ..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......s also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......adverted to be Mr. Abdur Rab Chaudhury are quite distinguishable from those of the instant case. So the decisions rendered in two Indian cases do not seen to be of any avail to him. In the absence of evidence of any discernible guidelines, objective standards, criteria or yardsticks upon which the i..Category: Constitutional Law | Date: | Hits: 270
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......erly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......) of rule 50, a Tribunal shall, after giving opportunity to the contesting candidates and any other candidates against whom allegations of illegal or corrupt practice have been made and taking such evidence as may be produced before it make such order as it may think fit. So the whole process of t..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent Appeal Tribunal. Lawyers Involved: Hafizullah, Advocate – For...... A quasi-judicial decision pre-supposes existence of a dispute between two or more parties and presentation of the respective case by the parties to the dispute, ascertainment of fact by means of evidence when the dispute is a question of fact; submission of legal arguments by the parties of t..Category: Fiscal/Taxation Law | Date: | Hits: 156
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......dance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......02/34 of the Penal Code. 5. The case was ultimately tried by the Additional Sessions Judge, First Court, Brahmanbaria who after hearing the 14 prosecution witnesses and upon consideration of the evidence and materials on record convicted the respondent Nos.1-3 under sections 302/34 of the Pen..Category: Criminal Law | Date: | Hits: 122
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......ake back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......ime of trial, nondisclosure of such fact in the complaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence.” 19. In view of the decisions of our apex Court we are of the view that non-disclosur..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......dance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ...... is legal bar against initiation and continuation of the criminal proceeding; (4) Where allegation, if accepted in its entirety, does not constitute any offence; (5) Where there is no legal evidence to sustain a charge manifestly. Keeping those settled principles for quashing a crimin..Category: Criminal Law | Date: | Hits: 100
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