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Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ...... DLR (HCD) (1998) 174. ......t from appearing when the suit was called on for hearing. In developing argument, the learned Advocate contended that neither the petition under Order 9 rule 13 of the Code of Civil Procedure nor the evidence of the defendant did disclose any cause of action as contemplated under Order 9 rule 13 of ..

Category: Procedural Law | Date: | Hits: 80

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......own the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......rned Advocate appearing on behalf of the opposite party, on the other hand, submits that the learned Court of appeal below was perfectly justified in passing the impugned judgment on the basis of the evidence on record, after adverting to the reasons assigned by the learned trial Court. The learned ..

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......ption Act No.II of 1947 and further observed: “Since 17 witnesses including the IO have been examined, the learned trial Court shall have to take care of the legal provisions for considering the evidences already on record after complying with the legal formalities. The prosecution is to produc..

Category: Criminal Law | Date: | Hits: 71

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......d by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......y or destroy the case of the opponent and to establish the party’s own case. In fine, the purpose of cross-examination is to impeach the veracity, accuracy, credibility and the general value of the evidence given in examination-in-chief and to sift facts already stated by the witnesses and to dete..

Category: Property Law | Date: | Hits: 66

Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)

....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153....... parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153....... resisted by the present petitioner by filing a written objection wherein they have asserted that the summons of the suit was duly served on the defendants and the learned trial Court after recording evidence and hearing the parties dismissed the aforesaid Miscellaneous Case No.76 of 1982 vide its J..

Category: Property Law | Date: | Hits: 55

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......t on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......uch order as it thinks tit for the proper custody of such property pending the conclusion of the inquiry or trial, and if the property is subject to speedy or natural decay, may, after recording such evidence as it thinks necessary, order it to be sold, or otherwise deposed of.'' 12. This power o..

Category: Criminal Law | Date: | Hits: 110

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......arged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......ng run on a commercial consideration even if all its shares are held by the Government. This is the duty of the Board of Directors of the bank and its shareholders, the Government. 19. There is no evidence on record that the Board did not consider the scheme in its proper perspective. It is also ..

Category: Others | Date: | Hits: 134

Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......e negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59....... chartered accountants and the Appellate Tribunal erred in law in maintaining such wrong assessment of receipts. 13. He submitted that when the receipts in all the cases were proved by sufficient evidence, the Assistant Commissioner of Taxes had no authority to reject a part of said receipts and..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......cation. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......, he pleaded not guilty of the charge brought against him and claimed to be tried. 4. The prosecution examined as many as 10 witnesses and the defence examined none. 5. After conclusion of the evidence from the prosecution bide, the accused person was examined under section 342 of the Code of..

Category: Criminal Law | Date: | Hits: 79

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ated. 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) 44. ...............Opposite Parties Judgment January 14, 2009. Result: The Rules are made absolute. Cases Referred to- Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Haj...... case of Abdur Rahman Vs. Shamsunnahar Begum reported in 7 BLT (AD) 125 wherein at paragraph No.6 it has been observed: ''The High Court Division rightly held that in the instant case there is no evidence that the husband of the pre-emptee respondent was the recognised agent of hers. Therefore, ..

Category: Administrative Law | Date: | Hits: 230

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41.......ial leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41.......r case was that order of dismissal of the plaintiff was legal and the suit was liable to be dismissed with costs. 4. The learned Assistant Judge framed issues in the suit. Both the parties adduced evidence on the issues and the learned Assistant Judge having considered the cases of both the parti..

Category: Employment/Service Law | Date: | Hits: 118

State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)

....large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......nds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......referred an appeal in the High Court Division, which was allowed by the impugned judgment and set aside the entire judgment and order of conviction. 4. We have perused the judgments along with the evidence of the witnesses. We have heard the learned Attorney General and the learned counsel appear..

Category: Criminal Law | Date: | Hits: 69

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......iving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......nding. He was arrested on 14‑2‑2004 and produced before the Court on 17‑2‑2004. Meanwhile, prosecution examined as many as 14 witnesses and the Court below declared closure of the prosecution evidence on 17‑2‑2004 fixing 19‑2‑2004 for examination of the accused under section 342 of t..

Category: Criminal Law | Date: | Hits: 68

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......id report forwarded by the Deputy Commissioner, Dinajpur and it appears from the report that the learned Magistrate, who was entrusted to hold inquiry examined 18 witnesses and upon considering those evidences and investigating the matter personally opined that no person naming Md. Abul Kalam Azad, ..

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ...... of his blood pressure, blood sugar levels and daily insulin injections as well. The learned Counsel for the petitioner submits further that there is no chance of abscondence or of tampering with the evidence on the part of the petitioner, in the event of his being enlarged on bail. Dr. Hossain subm..

Category: Criminal Law | Date: | Hits: 81

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......me Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal ......light of the day for long. He had no knowledge in that respect. It was not true that the bank mala fide entered the deed of previous loans against the account of other loan. These are all the oral evidence adduced by the parties. 25. On the evidence, oral and documentary, learned Joint Distric..

Category: Civil Law | Date: | Hits: 109

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......ellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ...... boy of Nurani Hotel, has also corroborated the testimonies of PW 1 and 7. PW 9 is the investigating officer. 5. There is no eyewitness of the occurrence and the case rests upon the circumstantial evidence as well as the confession of the appellant. The prosecution had relied upon the following c..

Category: Criminal Law | Date: | Hits: 128

Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......s and circumstances. He finally submits that the High Court Division dis­charged the Rule on the ground that questions of fact are involved which would be dealt with by the trial Court upon adducing evidence at the time of hearing, whereas the point raised by the petitioner is one of law as to serv..

Category: Criminal Law | Date: | Hits: 75

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......e appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......vision set aside the judgment and decree of the learned Joint District Judge holding that on the plea of implied bar the plaint could not be rejected and that the suit should ordinarily be decided on evidence unless facts disclosed in the plaint provided that the suit was barred by any law. The abov..

Category: Property Law | Date: | Hits: 81

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ....... ......ptee petitioners denying the material allegations made in the petition and contending, inter alia, that the pre-emptor opposite party No.1 is not a co-sharer. 3. The trial Court on a review of the evidence allowed the Miscellaneous case and directed the pre-emptor to pay Taka 4,000.00 as improvem..

Category: Property Law | Date: | Hits: 70