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Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......im, Advocate - For the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appe......tiff and the defendant No.1 never went to the house of the plaintiff and lived with the plaintiff as husband and wife. 6. The learned Munsif on considering the facts and circumstances of the case, evidence on record found that the plaintiff failed to prove the marriage and the Kabinnama. He based..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......e there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......ould not be allowed any maintenance as he did not file the suit as a co-plaintiff. 5. Both the Courts of first instance and the appellate Court below came to the finding that the petitioner in her evidence stated that she preferred to stay at the house of her father to the house of her husband as..Category: Family Law | Date: | Hits: 152
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197....... Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......re also creating pressure upon them and in view of such facts and circumstances and also considering the life of the petitioner being in danger and for fair dispensation of justice by adducing proper evidence filed the Miscellaneous Cases and those cases should be withdrawn from the 2nd Court of Add..Category: Criminal Law | Date: | Hits: 80
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
.... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ...... consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ...... will be hampered. In view of the facts and circumstances mentioned herein before, we are of the view that the learned Metropolitan Sessions Judge considering the gravity of offence and assessing the evidence on record, rightly passed the impugned order dated 14.07.2011 canceling the bail of the acc..Category: Criminal Law | Date: | Hits: 68
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......on in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......the deceased, P.W.5. son of the deceased stated in their examination-in chief that they recognised all the accused in the light of kupi lamp but in cross-examination P.W. 1 and 2 softened their evidence by saying that they could not recognise the accused as their faces and heads were covered w..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ...... This Case is also Reported in: 35 DLR (AD) (1983) 174. ......er section 3(1) of the State Acquisition and Tenancy Act. But since this question was not raised during the trial, or even before the lower appellate court, the plaintiff got no opportunity to adduce evidence whether the transfer was made with the required permission. The High Court Division there..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ...... the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......r consent, thereby committed an offence under the law. This case was registered as G.R. Case No. 11233 of 1975. Cognizance was taken by a Magistrate and the learned Magistrate on consideration of the evidence found the respondent guilty under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ...... This case is also reported in: 35 DLR (AD) (1983) 165. ......f its income was under-assessed or escaped assessment. Thereupon notices under section 23(2) and 22(4) of the Income Tax Act were issued upon it, for the production of Books of Accounts and necessary evidence. The assessee, against whom the allegation was that it was imported cotton yarn of a total ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218....... There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......ment was granted. The learned Judges, of the High Court Division negatived the said plea on holding that the law of estoppel would not be attracted to the instant case. The appellants having put into evidence certain deeds of sale executed by the appellants in favour of certain strangers respectin..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195....... date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......at the learned Subordinate Judge as well as the learned Judges of the High Court Division were not correct in going in to the question as to the truth of the allegations made in the plaint before any evidence had been adduced in deciding the question of abatement of the suit as a preliminary issue. ..Category: Property Law | Date: | Hits: 133
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......n the first information report or complaint even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged, in such cases no question of appreciating evidence arises, it is a matter of merely looking at the complaint or first information report to de..Category: Criminal Law | Date: | Hits: 86
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......abun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rules are made absolute. Cases Referred to- Mohsena Khatun Vs. Habib Knitting Mills, 1997 BLD (AD) 47; Hussain Ahmed Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Habibullah......, Parshuram, Feni and heard analogously and disposed of by a single Judgment dated 20-10-2004. 9. During the course of trial the learned Senior Assistant Judge, Parshuram, Feni after examining the evidence on record and perusing the documents and exhibits produced by both the parties in support o..Category: Family Law | Date: | Hits: 167
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......amination of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence and the defence did not adduce any evidence on their behalf. 8. The defence case, as it transpires from the trend of cross-examinati..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......nd Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......r closure of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence and the defence did not adduce any evidence on their behalf. 9. The defence case as could be gathered from the trend of cross-examin..Category: Criminal Law | Date: | Hits: 66
.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......ed resource so that it can take proper steps, if any higher scale of earthquake hit the country.
8. This respondent also furnished a list of rescue equipments at the disposal of Fire Service as evidence by Annexures-1 and 2 to the affidavit-in-opposition.
9. Mr. Manzil Murshid, learned Adv..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......nt down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......rcibly dispossessing the defendants and thereafter, dismissed the suit. 8. Mr. Jamiruddin Sirker, learned Advocate appearing for the plaintiff-appellants, submits that, learned Judge misread the evidence and thereafter wrongly held that plaintiffs is to prove that Kazi Golam Hussain, the predec..Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......ction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......he Welfare Trust contested the suit and the suit having been decreed the petitioners are liable to pay the decretal dues. His farther contention is that the claim of the bank was proved by sufficient evidence including the documentary evidence, the deed of transfer by which the property was transfer..
Category: Property Law | Date: | Hits: 173
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......ion. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ...... find this application is not maintainable as there is a provision for appeal against the impugned order available under section 35 of the Waqf Ordinance. Furthermore, without detailed examination of evidence it cannot be said whether the property in question is a Waqf property or not and such detai..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......sain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......n in respect of an offence after a report under sub‑section(1) has been forwarded to the Magistrate, and, whereupon such investigation, the officer-in-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regar..Category: Criminal Law | Date: | Hits: 64
....excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......t in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......e plea of the petitioner as to the question of jurisdiction and proceeded with the case fixing 3‑5‑1998 for final hearing. The Labour Court, Rajshahi after hearing the parties and considering the evidence adduced, by the impugned Judgment dated 4‑8‑1998 allowed the complaint case and ordered..
Category: Labour and Industrial Law | Date: | Hits: 188
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