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Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......ellants Vs. Safar Miah and others..........................................Respondents Judgment April 5, 1977. Result: The appeal is allowed. Cases Referred to- Midnapore Zamindaay Co. Vs. Naresh Narayan Singh LR 48; IA 49; ILR 48 Cal. 640; AIR 1922 PC 241; Krishna Nath Sar...... along been in possession of the disputed land through the plaintiffs and their predecessors as bargadars. 4. The learned Subordinate Judge dismissed the suit on holding on a consideration of the evidence on record and facts and circumstances of the case, that the plaintiffs had no right title a..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......ngly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......the Court. It appears that both the Zilla Court as well as the Sader Dewany Court disposed of the suit on the basis of the decision on the issue as to limitation only, which involved consideration of evidence, without determining the principal point raised in the suit, with the result that the Judic..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......ions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......te Court reversing that of the trial Court in respect of the genuineness of the deeds Exts.1 (a), 1(b) and 1(d) was not binding upon the High Court as it was based partly on non-consideration of some evidence and partly on misreading of certain other evidence in respect of payment of the considerati..Category: Property Law | Date: | Hits: 102
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... with leave of the Court and submitted that the offence of dacoity have not been proved against the appellants beyond reasonable doubt, but the learned Assistant Sessions Judge on wrong assessment of evidence convicted and sentenced them by the impugned judgment and order, which is liable to be set ..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......hey are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......posed that their statements were voluntary. The learned Judge rightly passed the judgment and order of conviction and there is nothing to interfere with the same. 9. We have carefully examined the evidence and other materials on records. P.W.1, the informant Abdul Hakim Khondker in his deposition..Category: Criminal Law | Date: | Hits: 105
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ...... default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......nal Code against the accused persons who pleaded not guilty and claimed to be tried. The prosecution examined 15 witnesses who were cross-examined by the defence and the defence did not adduce any evidence. 7. After the completion of the examination of the prosecution witnesses, the accused pe..Category: Criminal Law | Date: | Hits: 87
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......lot No. 1356, appertaining to CS khatian No.62, measuring 5.26 acres of land. Mohor Ali sold 2.45 acres of land to one Yeasin Ali vide deed No.5577 dated 28-4-1928. 7. Upon consideration of the evidence on record and hearing the Counsels of both the sides and having reference to the statute an..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......i Bank Ltd...........Appellant Vs. Farzana Begum and another...........Opposite Parties Judgment December 13, 2009. Result: The appeal is allowed. Lawyers Involved: Zakir Hussain Mazumder, Advocate - For the Plaintiff-Appellant. No one appears - For the Defendant-Responden...... loan. Actually they were not aware of such mortgage. However, they ultimately did not come to contest. 5. The learned Judge of the trial Court framed five issues and during the trial she recorded evidence of only one PW. The defendant No. 1 was, however, examined on commission as DW 1. At the in..Category: Civil Law | Date: | Hits: 116
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......Ayub Ali Khan............Petitioner Vs. Md. Abdur Raqib and others.......Opposite Parties Judgment June 22, 2009. Result: The Rule is discharged. Lawyers Involved: Md. Nurul Amin, Advocate - For the Petitioner. Md. Jamil Akhter Elahi, Advocate - For Opposite Party No. 1. ......n record it clearly indicates that defendant No. 3, herein opposite party No. 1, has been acting as a Nikah Registrar at ward No. 17. Moreover, the case of plaintiff is absolutely a subject matter of evidence. At present he has no prima facie arguable case and will not suffer irreparable loss if inj..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......chnical ground discharged the Rule that whether letter dated 25-2-1995 has been written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but..Category: Civil Law | Date: | Hits: 121
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....nce. Even he did not state that he heard the occurrence and the names of the assailants of the deceased from any eye-witness. So his evidence that the accused persons shot the deceased to death is inadmissible as hearsay. 35. PWs 7 and 10 respectively are the mother and wife of the deceased. ......ail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......e under sections 302/34 of the Penal Code was framed against them. The charge was read over and explained to the accused on dock, who pleaded not guilty and claimed to be tried. Then in that Court evidence of eleven witnesses was recorded. At that stage the case was transferred to Druta Bichar T..Category: Criminal Law | Date: | Hits: 67
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......de. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......t necessary to be proved to constitute the offence under Section 377 of the Penal Code, but some sort of penetration, however little, must be strictly proved to support the charge of sodomy and the evidence must be very convincing. 8. In the case of Mazulla Vs. The State reported in PLD 196..Category: Criminal Law | Date: | Hits: 92
....y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......ngly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......earned Advocate has appeared with the leave of the Court for writ respondent Nos.2 and 3 submits that the dispute as regards the date of birth of the writ petitioner cannot be resolved without taking evidence and as such, the Writ Petition filed by the writ petitioner was misconceived. He further su..
Category: Employment/Service Law | Date: | Hits: 739
....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
...... appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
......hat “the nomination of the writ petitioners is still valid against some posts designation against their names”.
7. These observations were made in the facts of the given cases and documentary evidence produced in the High Court Division. In respect of alleged left out Ex-Mujib Nagar Employee..
Category: Others | Date: | Hits: 138
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......oner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......velopment after he obtained bail is not without foundation.” 9. He next contends that the trial Court in the impugned judgment and order have found that though P.W.1 the informant deposed in his evidence that his brother Abdul Jalil being injured was admitted in Gulshan Modern Clinic but in the..Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209....... This Case is also Reported in: 50 DLR (HCD) (1998) 209.......urther submits that there is no allegation of enmity in between the present petitioner as Secretary of the corporation and the contemners. He further submits that the petitioner failed to produce any evidence to show that he was not allowed to join his service though he personally went to the office..Category: Others | Date: | Hits: 142
....release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......on with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......e political massacre on 15th August, 1975. It is further asserted that the collaboration of other stalwarts of the Freedom Party with him on this plan is a fact and in support thereof there are solid evidence, as for instance, after the killing of the 3rd November, 1975, the detenu fled away from th..
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......harge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199....... the accused is that he is a dealer in insecticide and the informant demanded bribe from him. As he refused to pay, he was falsely implicated in the case. The learned Magistrate after considering the evidence on record found the accused guilty of the charge. In the appeal, the judgment and order of ..Category: Criminal Law | Date: | Hits: 58
....on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
...... and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the land within the sight of the pre-emptor for over a decade. [Anil Kumar and others Vs. Syed H......s right of pre-emption, which is essentially a predatory right, after a long lapse of time, a heavy duty is cast upon him to prove his alleged knowledge about the impugned transfer by most convincing evidence as to circumvent the bar of limitation.......................................................
Category: Property Law | Date: | Hits: 78
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......hair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DLR 11; Arun Kumar Lal and others Vs. Assistant Custodian of Enemy Property (Land & Buildings) and ADC (Rev) Dhaka, 1983 BCR 225; Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46......mining the plaintiff’s witnesses or by adducing any witness in support of the defence case.
4. The learned Munsif by his impugned judgment dated 12-1-85 dismissed the suit without discussing any evidence oral or documentary. It is evident from the impugned judgment that the learned Munsif dismi..
Category: Property Law | Date: | Hits: 111
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