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Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......suance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......is report stated that SA Plot No.1730 has been created out of the land of CS Plot No.3600 (Annexure‑'B'). The petitioners state that the plaintiff in the said suit filed unregistered do Amalnama in evidence of settlement of the suit land and on the basis of the same the suit was decreed on 28‑4..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......ourt be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......unt as the guarantor. No notice under section 9 was served upon him. The defendant No.3 also filed an additional written statement by denying his signature on guarantee form and after considering the evidence of the parties and the documents which have been exhibited the Bankruptcy Court allowed the..Category: Civil Law | Date: | Hits: 83
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......gh Court Division
(Civil Revisional Jurisdiction)
Present:
Bijan Kumar Das J
Abul Kashem Al-Asad………………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties
Judgment
June 22, 2004.
Result:...... the written statement and submits that by such amendment the entire complexion of the written statement has been changed which is contrary to law. Mr. Deb further submits that after the close of the evidence of the plaintiffs the written statement could not be amended introducing a new story by tak..
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......y of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ......contested the suit adopting the written statement filed by their predecessor. 5. At the trial in order to prove the plaint case, the appellant alone deposed as P.W.1. No document was admitted into evidence on her side. On the other hand, 3 D.Ws. were examined and some rent receipts, a municipal t..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ...... Md. Rezaul Hoque, Advocate-For the Petitioner. Omar Ali Khan, Advocate-For the Opposite Parties. Civil Revision No.3640 of 2001. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the Opposite Party No.1, to show cause as to why the Judgment and decree dated 2‑5‑2001......authentic deed of family arrangements and also in view of the fact that the RoR khatian was not recorded in the names of the predecessors of the plaintiff. The plaintiff could not adduce any reliable evidence in support of the alleged gift and he also failed to provide any reasonable circumstances i..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......the Opposite Party. Civil Revision No. 8766 of 1991. Judgment Sk Rezowan Ali J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon opposite party No. 1 to show cause as to why the Mentioned judgment and order dated 11‑3...... purchased 1/3 rd interest of opposite party No.4 Raisuddin by a kabala dated 13‑3‑1976. His own deed of purchase which was exhibited by opposite party No.1 in the trial Court and was received in evidence as exhibit A(1) showed that opposite party No.1 purchased from Abdus Sattar on 30‑1‑198..Category: Property Law | Date: | Hits: 79
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......d without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......by the plaintiffs as alleged and that the deed of contract for sale is a forged one. The plaintiffs are "not in possession of the suit land as alleged. 4. The trial court on consideration of the evidence on record decreed the suit. On appeal from the said judgment and decree by the defendant, t..Category: Civil Law | Date: | Hits: 55
.... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......e dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......nd with Purna Chandra on 17.11.1942. The plaintiffs father Akhil settled .40 acre of land with Hasmat Ali and thus he is entitled to 1.60 acres of land.
6. The trial court, on consideration of the evidence and materials on record, found that the defendant No.1 is not adopted son of Purna Chandra...
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ...... concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......y P.W.14 Constable Khorshedul Alam, P.W.17 Constable Abu Taleb and P.W.20 S.I. Mofazzal Hossain for cross-examination, but the defence declined to cross-examine them. After closing of the prosecution evidence the accused persons on dock were examined under section 342 of the Code of Criminal Procedu..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......ndent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......transpires from the trend of cross-examination and suggestion put to the P.Ws., is that they have been falsely implicated in this case out of previous enmity and suspicion. 6. Considering all the evidence on record, the learned Judge of the Tribunal found the condemned accused persons guilty of ..Category: Criminal Law | Date: | Hits: 77
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
....fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ....... Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ......e cross-examination by the defence and examination of the accused under section 342 of the Code of Criminal Procedure, the defence case appears to be one of innocence. 6. Upon consideration of the evidence and materials on record, the learned Additional Sessions Judge, 4th Court, Comilla convicte..Category: Criminal Law | Date: | Hits: 70
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ...... judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......d his mother and at one stage, he inflicted blows on her person with sharp cutting weapon who succumbed to the injuries. 4. Leave was granted to consider whether there are sufficient corroborating evidence in support of the charge against the appellant for the murder of Khiroda Bala Mahajan. Mr. ..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......cords at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ...... Advocate appearing for the defendant petitioner, submits that the learned Senior Assistant Judge seriously erred in law in passing the impugned judgment without at all considering and discussing the evidence of any of the witnesses examined by the contending parties and the same has resulted in err..Category: Property Law | Date: | Hits: 64
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 19. ......s were then placed on trial before the learned Magistrate, Second Class, Feni where seven witnesses have been examined from the side of the prosecution. The learned Magistrate on consideration of the evidence on record by judgment dated 27-12-93 acquitted the accused-petitioners. 3. On being aggr..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......ment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ......peal No. 1944 of 1992 against their conviction and sentence. By this judgment both the appeals and the Death Reference will be disposed of. 4. We construct the prosecution case on the basis of the evidence given by the P.Ws. as hereinunder. 5. P.W.1 Abdur Razzaq was coming home with his family..Category: Criminal Law | Date: | Hits: 66
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....eeded to find that an act of judicial or of quasi‑judicial body can be held to be "without lawful authority" only after bearing in mind the nature of the authority vested in such body. Admission of inadmissible evidence is not an act "without lawful authority" and in every case the erroneous decis......the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ...... liable to be dismissed. On 6.8.92 the election case was taken up for hearing and the respondent No.1, Abdul Motalib, was examined in part as P.W.1 and the case was adjourned till 13.8.92 for further evidence and on that day P.Ws. 2 and 3 were examined. Thereafter, Abdul Motalib applied for further ..Category: Election Law | Date: | Hits: 188
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......s false to state that this petitioner carried on joint business with the plaintiff, that plaintiffs claim of interest and title in suit properties has no foundation at all. 7. Both parties adduced evidence before the learned Subordinate Judge who on consideration of the evidence on record held th..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......s and liabilities the property income although the same was shown through mistake. He further argued that the finding of the Tribunal that Mrs. Mallik was only a name lender is not based upon a legal evidence. 4. The questions that raised before us is whether the order of the Tribunal was based o..Category: Fiscal/Taxation Law | Date: | Hits: 110
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......om his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......rned Deputy Attorney‑General along with Mr. Fazlul Hoque Chowdhury, Advocate appeared for the State. 7. At the hearing of the appeal, we have been firstly taken through the FIR, the charges, the evidence on record, the exhibits in this case, the 342 statements of the accused and the impugned ju..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
....e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ....... Rule 1 of Order XLVII of the Code of Civil Procedure has stated that review of a judgment and order can be made on the prayer of any person aggrieved upon discovery of a new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of that aggrieved ..Category: Property Law | Date: | Hits: 58
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