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State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......his criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......ted bail to the accused respondent making observations to the effect that no transcript of the alleged e-mail was incorporated with the F.I.R and that nothing conclusive or tangible prima facie evidence was available at this stage to show that the said e-mail was received from the petitioner's..Category: Information Technology Law | Date: | Hits: 285
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....ent. 14. It further appears that the Magistrate, who held TI parade was not examined in this case. Non-examination of the Magistrate who conducted the TI parade renders the memorandum drawn by him inadmissible under section 80 of the Evidence Act as it is not a judicial proceeding and that cannot...... Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......n case the accused appellant and another were examined under section 342 Cr.P.C. to which they repeated their innocence. 5. Thereafter the learned Assistant Sessions Judge, in consideration of the evidence on record as well as facts and circumstances of the case found the accused appellant and an..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ...... High Court Division (Civil Revisonat Jurisdiction) Present: M Bazlur Rahman Talukder J Amirul Huq Shameem and others……............................Petitioners Vs. AKM Shamsuddin & others..........……………………………………Opposite Parties Judgment N......unction as a remedy of law resulting in an error in the decision occasioning failure of justice. Mr. Khan further submitted that the granting of injunction by the learned District Judge without fresh evidence has caused an error of law occasioning failure of justice. Mr. Khan has further submitted t..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......ut any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......ion 24 of the East Bengal State Acquisition and Tenancy Act inasmuch as the purchase made by two separate Kabalas and two separate cases ought to have been filed by the petitioner. On a review of the evidence led, the trial Court allowed the pre‑emption case in favour of the petitioner against whi..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ...... (1997) 72. ...... leaving son Kanah Sarder who left the country for India and as such his share became vested property and they took lease of his share from vested property authority. On consideration of the material evidence trial Court decreed the suit. Being aggrieved by the same some of the defendants preferred ..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....f Abdul Hakim and others Vs. State reported in 43 DLR 389 in support of his contention that confessional statement recorded in a plain paper without the narration of questions and answers may make it inadmissible if the provisions of section 164 CrPC on material points are not complied with. He subm......if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......e Cr.P.C. to which they pleaded not guilty and declined to say anything further or to produce any defence witness. The learned Additional Sessions Judge, 2nd Court, Mymensingh on consideration of the evidences on record, facts and circumstances of the case found the accused persons (the present appe..Category: Criminal Law | Date: | Hits: 74
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
....terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......ule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......red a revision under sections 435 and 439A of the Code of Criminal Procedure before the Sessions Judge, Rajshahi. The learned Sessions Judge found that the learned Magistrate could not appreciate the evidence on record properly and without giving any cogent ground disbelieved the P.Ws. He also obser..Category: Criminal Law | Date: | Hits: 82
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......nd proved an unregistered sale deed dated 05.05.1967 which was marked as Exhibit-Ka. 5. The learned Joint District Judge, 2nd Court, Madaripur, upon hearing the parties and on consideration of the evidence and materials on record decreed the suit, on finding that the defendants had no documentary..Category: Property Law | Date: | Hits: 70
....ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1.......harged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1.......country and this President was the Chief Justice of the Supreme Court for several years and he was also Acting President for about one year. Unless and until the mala fide could be proved by material evidence on record, it is difficult to accept such a contention of mala fide. In view of the facts a..
Category: Employment/Service Law | Date: | Hits: 158
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ...... 773. ......ound in favour of the defendant after considering the evidence on record, both in examination-in-chief and in cross-examination, the learned Judge of the High Court Division without considering the evidence of the P.W.s particularly in cross-examination affirmed those of the appellate Court and th..Category: Property Law | Date: | Hits: 68
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......ion is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......tember, 1995 when the pre-emptee plucked coconut from the coconut tree standing on the case holding. Since there is judgment of reversal, the High Court Division felt it necessary to reassess the evidence on record on the point of date of knowledge claimed by the pre-emptors and after such asses..Category: Property Law | Date: | Hits: 72
....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
...... No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
......ocate Commissioner"; hence this petition for leave to appeal.
6. Mr. Mahmudul Islam, learned Counsel, appearing for the petitioners has contended that both the Courts below on consideration of the evidence on record oral and documentary having concurrently found that the plaintiffs failed to esta..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......011) 739. ......of title and such application having been allowed by the High Court Division the suit should have been sent back on remand to the trial Court for hearing afresh by giving the parties chance to adduce evidence, but instead of the High Court Division decreed the suit setting aside the judgment and dec..Category: Property Law | Date: | Hits: 62
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ...... costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......ain in cross examination stated that P.Ws. Haji Rajab Ali, Soleman Bhuiyan and Abdur Rahman are men of reputation of the village and they are also the Matbars. The trial Court on consideration of the evidence on record held that it is the petitioner to substantiate his case. It further held that wri..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....if the Arbitrator takes a different view of the interpretation of a particular terms of contract and the decision of the Arbitrator cannot be set aside unless it could be shown that he has decided on inadmissible evidence or on the principle of construction which the law does not countenance and the...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......ator takes a different view of the interpretation of a particular terms of contract and the decision of the Arbitrator cannot be set aside unless it could be shown that he has decided on inadmissible evidence or on the principle of construction which the law does not countenance and the award not be..Category: Alternative Dispute Resolution | Date: | Hits: 156
....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......rict jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......icial or quasi-judicial decision. A detenue may be given a hearing; but such a hearing is often, if not always, likely to be ineffective, because he is deprived of an opportunity to cross-examine the evidence on which the detaining authorities rely. He may not be able to adduce evidence before the A..
Category: Criminal Law | Date: | Hits: 64
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......tion. After close of the prosecution witnesses, the accused on dock was examined under section 342 of the Code of Criminal Procedure to which he repeated his innocence. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination is total d..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ...... directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......half of the petitioners. 10. However, Mr. Md. Afsar Hossain, learned Assistant Attorney‑General, is present to oppose the Rule on the ground that charge‑sheet by itself constitutes prima facie evidence constituting the offence for proceeding further in the matter where this court has a little..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......e imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ...... ৩২ নম্বরের চেয়ে অনেক বেশি নম্বর পাবে। অন্যান্য ১৫টি পত্রের নম্বরই সাক্ষ্য (evidence) বহন করে। তার প্রথম শ্রেণী ঠেকানোর ..Category: Others | Date: | Hits: 157
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......he Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......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: 62
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