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Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....n the conviction being based on the testimony of a single witness provided the Court can come to the conclusion that his evidence is honest and trustworthy………………………21 Enhancement Rule Question of sentence is a matter of discretion of trial Court and when that discretion is p......tence of 2 years passed by the trial Court, is held to be too inadequate and so it is enhanced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
....e plaintiff could not claim any further right of easement of necessity, even if he or his predecessor-in-interest had such a right. Against this apÂpellate judgment the plaintiffs have obtained this Rule. 7. Mr. Issaque Gaznabi, the learned Advocate for the petitioner, argued that the plaintiff ......aintiff could also avail of that road. These are also all factual findings not to be disturbed by this Court. The learned appelÂlate Court has observed that for easement of necessity there should be absolute necessity and not only conÂvenience. Section 13 of the Easements Act is the relevant provi..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....p; Arshad and others……………………………Petitioners Vs. State and another……………………………Opposite-Parties Judgment August 8, 2010 Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247, 248......and others……………………………Petitioners Vs. State and another……………………………Opposite-Parties Judgment August 8, 2010 Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247, 248, 249, 403 an..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ...... AFM Ali Asgar J Jahirul Islam (Md.)..................Petitioner Vs. Rokeya Begum and others...................Opposite Parties Judgment July 21, 2009. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, rule 31 The Speci..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....l Huq J Abul Hashem..........................Petitioner Vs. Mahmuda Khatoon & another…….........................Opposite Parties Judgment December 12, 2011. Result: The Rule is disposed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section ......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....r Mohammad……………………Defendant-Appellant-Petitioners Vs. Serajul Islam and others………………………Plaintiff-Respondents Judgment February 9, 2012. Result: The Rule is discharged. The Transfer Property Act, 1882 (Act No. IV of 1882), section 48 Section 4......he parties was decided but both the Courts erroneously found that the defendants lost upto the High Court Division which is erroneous findings of the Courts below. Thus, he prayed for making the Rule absolute. 8. On the contrary Mr. AB Roy Chowdhury along with Mr. Md. Kamrul Alam Kamal and Mr. Mo..Category: Property Law | Date: | Hits: 134
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
.... Hossain (Md.) and others...........................Petitioners Vs. State and others ................................................Respondents Judgment May 27, 2003. Result: These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Dete......and others...........................Petitioners Vs. State and others ................................................Respondents Judgment May 27, 2003. Result: These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without t..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....n……………………………Petitioner Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others………………………..Opposite parties Judgment December 1, 2008. Result: The Rule is discharged. Case Referred to- 43 DLR (AD) page 78. Lawyers Involved: Sk. Md. Mo......nt as additional evidence in the appeal. He also seeks help in such regard from said cited decision reported in 43 DLR (AD) page 78. Placing above circumstances he submit that the Rule should be made absolute having merit and judgment and order of appellate Court dated 27.4.2002 as to sending the ca..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....Khan J Md. Atiqur Rahman @ Milon and others………………………Petitioners Vs. The State………………………….Opposite party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of Criminal Procedure, 1898 (V of 1898); section 561A ...... Atiqur Rahman @ Milon and others………………………Petitioners Vs. The State………………………….Opposite party Judgment July 26, 2009. Result: The Rule is made absolute in part. The Code of Criminal Procedure, 1898 (V of 1898); section 561A In a case of ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....ts that the orders of the Courts below are not at all speaking order, therefore the same cannot be sustained in the eye of law. 5. The learned Advocate appearing for the opposite party opposes the Rule and submits that virtually with a view to delay the disposal of the proceedings the petitioner ......96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question of controversy between the parties. It is absolutely the option of pre-emptor which document he will prove for the purpose of his own success ..Category: Procedural Law | Date: | Hits: 163
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
............................................Petitioners Vs. Uttara Bank and others..................................................Opposite Parties Judgment March 18, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If.................................Petitioners Vs. Uttara Bank and others..................................................Opposite Parties Judgment March 18, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution..Category: Procedural Law | Date: | Hits: 128
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioners Vs. Md. Bashirullah and another…………………………………………………Opposite Parties Judgment August 30, 2003. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) The cause o......¦â€¦â€¦â€¦â€¦.Petitioners Vs. Md. Bashirullah and another…………………………………………………Opposite Parties Judgment August 30, 2003. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) The cause of action for ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......……………(11) The banks have the defence of estoppel, adoption and ratification in respect to cheques having no signature of the customer………………(21) The bank's obligation is an absolute one…………………….(25) A cheque from, which, when drawn, is a bill of exchange..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....man Miah J Farah Mahbub J Nadira Alam…………………………Petitioner Vs. State……………………………Opposite-Party Judgment March 11, 2010. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act XXVI of 1881); Sections 138, 141 ...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....ddin Ahmed J Khokan Kumar Saha...................Petitioner Vs. The Secretary, Ministry of Home Affairs & ors..................Respondents Judgment April 5, 1989. Result: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magi...... Khokan Kumar Saha...................Petitioner Vs. The Secretary, Ministry of Home Affairs & ors..................Respondents Judgment April 5, 1989. Result: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magistrate is not..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....M Mahmudur RahÂman J Moktar Ahmed…………………………………Petitioner Vs. Haji Farid Alam & anor. ............Opposite Party Judgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537.......hÂman J Moktar Ahmed…………………………………Petitioner Vs. Haji Farid Alam & anor. ............Opposite Party Judgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Though at..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ...........................Respondent Judgment March 13, 2006. Result: The appeal is allowed. The Explosive Substance Act, 1908 (Act No. VI of 1908); sections 3 & 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance any explos..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment October 12, 2009. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 Where there is specific proviÂsion of law for re-admission of the appeal......…………………………Petitioner Vs. Most. Farzana Sultana…………………………………Opposite Party Judgment October 12, 2009. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 ..Category: Procedural Law | Date: | Hits: 154
Category: Alternative Dispute Resolution | Date: | Hits: 589