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NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ........................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique with M Habibullah, A...... connection to the land. 9. Defendant No. 11 RAJUK also filed a written statement denying, the case of the plaintiff. It although cross-examined the witness of the plaintiff but did not adduce any evidence. It contended that the suit was not maintainable without prior notice under section 169 of ..Category: Property Law | Date: | Hits: 85
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....llant was made to write a statement according to the dictation of a Customs Officer. The said statement being hit by section 24, 25 and 26 of the Evidence Act and having been obtained under duress is inadmissible. Appellant made the following statement under section 342 Cr. P.C. “আমি গত ......accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......াগটি ছাড়াইয়া লইতে পারিতেছিনা। চিঠিটি আমি দাখিল করিলাম। The Special Tribunal after consideration of the evidence on record found accused appellant M.M. Rafiqul Haider guilty of the charge leveled against ..Category: Criminal Law | Date: | Hits: 87
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ...... Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......rder. He further submits that the learned Sessions Judge is empowered to direct further enquiry when complaint against any accused is dismissed. In the instant case in spite of presence of sufficient evidence in judicial enquiry against the petitioner the learned Magistrate did not take cognizance a..Category: Criminal Law | Date: | Hits: 81
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......g the deed writer and a contiguous land owner of the suit land. The defendant, on the other hand, examined only 1 witness who was the VP Tahshilder.
5. Plaintiff’s witnesses have stated in their evidence that said Pulin Behari never left for India, he executed the aforesaid 3 deeds himself, tho..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... and others……………………Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 DLR (AD) 112; Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125; ......material which are to be found in the affidavit filed by the party or otherwise. The Court further observed: “It is, of course, to be borne in mind that it is difficult to produce any conclusive evidence before the Court to prove the intention of a party which is secretly conceived and sought t..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......45.......e Appellate Court below gave its above findings on disputed and controversial issues involved in the suit pending hearing, on the affidavits filed by some members of the Samity and without taking any evidence which is thus, not sustainable in law. Those findings also tantamount to disposal of the su..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......oner Vs. Pubali Batik Ltd ....................Opposite Party Judgment November 18, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Khaled Ahmed with Md. Foruk Hossain, Advocates ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No. 17...... before such Magistrate or if the alleged offence is non-bailable may, if it thinks necessary to do so, send the accused in custody of such Magistrate, and may bind over any person to appear and give evidence before such Magistrate. 7. Now, the only question that calls for our consideration is wh..Category: Criminal Law | Date: | Hits: 82
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......ourts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49....... exhibited a series of document in support of their right, title in the suit land while the only contesting defendant No.1 examined one witness namely DW-1.
5. The trial Court after closing of the evidence and hearing argument of the parties by his judgment and decree dated 8.11.2001 decreed the ..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ...... the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......claiming 200 cores taka against MV Banga Biraj, her master the accused No.1 Captain AM Nasim Khan and in that case the deceased was one of the witnesses and the informant apprehends that to avoid the evidence of that case, the victim has been murdered in a pre-planned way. 5. The Chief Metropolit..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......sion and the object of the legislation of the Commission are self and Voluntary Disclosure of Corruption. In any civilized country it can not conceive that a person took bribe for huge amount, but no evidences are forth coming to prove the offences. The persons who committed the offence are coming t..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......erty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......oving the charge levelled against convict-appellant. 6. In approaching and answering to the question posed, prosecution case projected in First Information Report and unfurled at the time of trial evidences, materials brought on record, fact and circumstances and contentions advanced, legal debat..Category: Criminal Law | Date: | Hits: 84
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......
High Court Division
(Civil Appellate Jurisdiction)
Present:
Md. Abdur Rashid J
Syed ABM Huq J
Eastern Bank Ltd. and another........................Appellants
Vs.
Sufia Re‑Rolling Mills and Steel Ltd. and others ...............Respondents
Judgment
August 31, 2004.
Re......were entitled to?
12. In support of their respective cases plaintiff and defendant Nos. 1 and 2 examined one witness each. Defendant Nos. 3 and 4 however did not examine any witness nor adduce any evidence. The plaintiffs' documents were marked as Exhibits 1 to 11 those of defendant Nos, 1 and 2 ..
Category: Civil Law | Date: | Hits: 92
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......r section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Cour..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......t Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J IFIC Bank Ltd. and others.................................Appellants Vs. Beximco Holdings Ltd. and others ...................Respondents Judgment November 8, 2004. Results: ......1‑12‑03. 18. IFIC Bank also did not produce any paper or document in support of such claims. Who of the plaintiffs or defendants are correct could only be decided at the trial of the suit upon evidence. But the question remains for answer, whether in view of the written objection that the pla..Category: Civil Law | Date: | Hits: 71
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......ed from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......uments, observed that besides the said amount of Taka 1,80,000, which he had withdrawn as additional allowance, the petitioner had also withdrawn Taka 6,51,015 which was required to be ascertained on evidence and that the dispute did not cover the provisions of the Co‑operative Societies Act. The ..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ...... Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......xecutive. Ultimately, his services were terminated on 30th September, 2002 without assigning any reason whatsoever and he was asked to collect his dues from the Accounts Section of the Association as evidenced by Annexure 'A' to the application. It is stated that as soon as the aforesaid letter was ..Category: Employment/Service Law | Date: | Hits: 144
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106....... of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......efendant No.3 at the instance of defendant No.30 and by accepting the additional written statement filed by the defendant No.30 long after about 24 years and 15½ years after close of the plaintiffs' evidence without assigning any reason therefor has resulted in an error in the impugned judgment and..Category: Property Law | Date: | Hits: 50
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......rds at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......to the reasonings of the trial Court for such findings, which has resulted in failure of justice. 11. Elaborating, he submits that in Support of legal necessity defendant No.1 failed to adduce any evidence save and except the recitals of the deed of sale, Exhibit A. The recitals in a deed are not..Category: Property Law | Date: | Hits: 64
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......que preferred the present appeal before this Court. 6. Mr. Md. Munsurul Haque Chowdhury, the learned advocate appearing for the accused-appellant, submits that in view of the fact that the medical evidence does not support the case of rape, the learned Special Tribunal was manifestly wrong in con..Category: Criminal Law | Date: | Hits: 94
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......e absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......t the relevant time and there was also a Central Bargaining Agent (CBA) for the workers of the petitioner-company. Admittedly, no witness was examined before the Labour Court by either parties and no evidence was led except a copy of the first information report dated 20‑1‑1997, a letter of term..Category: Labour and Industrial Law | Date: | Hits: 152
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