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Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......uding the Investigating Officer to substantiate the charges. The accused being an absconder, there was no cross‑examination of the witnesses and no specific defence case was made out by leading any evidence or by cross‑examining the P.Ws. or by making any statement under section 342 Cr.P.C. by t..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election CommisÂsioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......ion. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......rs and submissions having been examined it has been proved that the complainant Chairman candidate Mohiuddin Sikdar submitted nomination paper after paying the Bank loan. The Returning Officer in his evidence recorded on 10.10.92 admitted that after scrutiny of the nomination paper of Mohiuddin Sikd..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......d order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ...... an innocent man as anybody else. It is always for the prosecution to prove beyond reasonable doubt that he is guilty of the offence as charged. No disability can touch him till he is found guilty on evidence by a Court of competent jurisdiction. This is a settled and fundamental principle in Crimin..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......ng out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......ard shouting of Rahima Khatun and Rahima disclosed of inflicting of dagger blow by condemned prisoner on her belly. PW 3 Mazu alias Monzu took out dagger from the belly of Rahima. It is, also, in his evidence that Rahima made disclosure that condemned prisoner dealt dagger blow on her belly. PW 4 Md..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nozrul Islam Chowdhury J Mozibar Rahman Molla (Md) and another……………Petitioners Vs. Md Rehazuddin and others………………………………Opposite Parties Judgment May 20, 2003. Re......e learned Advocate appearing with Ms. Sarwat Binte Islam on behalf of the petitioners, submits that in the instant case both the trial Court as well as the appellate Court did not at all consider the evidence on record in arriving at their decisions in the case. In elaborating his submission, the le..Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......¦â€¦Opposite Parties Judgment March 19, 2002. Result: The Rule is made absolute. Cases Referred to- Hari Prasad Mulshankar Trivedi Vs. VB Raju and others, AIR 1973 (SC) 2601; Kabul Singh Appellant Vs. Kundan Singh and others, AIR 1970 (SC) 340; Major Ali Akbar Chowdhury Vs. Sayeedu...... of age on the date of filing of the nomination paper and thus he was qualified to be a candidate for the post of Chairman of the said Union Parishad. On appeal, the Appellate Tribunal considered the evidence on record, both oral and documentary, and came to the definite finding that the petitioner ..Category: Election Law | Date: | Hits: 156
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......ted the claim saying that it is not based on any proper survey report and that the claim is not covered by the policies. Unless the disputed claim is assessed by a competent Court having received the evidence for determining the loss and damage the respondent company is not liable to pay the amount...Category: Company Law | Date: | Hits: 168
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......visional Jurisdiction) Present: Md. Sirajul Islam J Md. Nurul Islam J Commander (Rtd) A A Chowdhury……………………………………………..Petitioner Vs. AKM Imam Hossain and others……………………………………………….Opposite Parties Judgment ......an appeal being Title Appeal No.315 of 1993 which was heard by the Additional District Judge 2nd Court, Dhaka. The learned Additional District Judge after considering the facts, circumstances and the evidences of the case, dismissed the appeal and confirmed the judgment and decree of the trial Court..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......eal is allowed. Cases Referred to- 37 CWN 892 (Srimati Ebratunnessa Bibi & ors Vs. Debendra Nath Sen & ors); Syed Masud Ali & ors Vs. Asmatullah & ors, 31 DLR (AD) 249; Chief Administrator of Auqaf Vs. Miah Ghulam Fareed & ors, SCMR 1993, 643. Lawyers Involved: Fazlul......tion 50 of the Waqf Ordinance to claim that the property is not a Waqf property and, as such, no estoppel is operating against the petitioner. The learned Advocate further submitted with reference to evidence on record that even the mutwalli’s brother has sold a part of the suit property treating ..Category: Trust/Waqf Law | Date: | Hits: 165
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......he Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......€œThe word ‘document’ denotes any matter expressed or described upon any substance by means of letters, figure or marks or by more than one of these means, intended to use or which may be used as evidence of that matter. Section 463 of the Penal Code defines forgery as under: “Whoever ma..Category: Constitutional Law | Date: | Hits: 169
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......issions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......o be tried. The trial was held in absence of absconding accused Hanif and Masum. They were defended by State defence lawyer. 4. During trial the Additional Sessions Judge, Jhalakathi, recorded the evidence of two prosecution witnesses. At that stage of the trial the case was transferred by the Go..Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....ntence of the petiÂtioners is commuted to rigorous imprisÂonment for 14 (fourteen) years. The senÂtence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......gorous imprisÂonment for 14 (fourteen) years. The senÂtence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......Daman Ain, 2000. 4. The case was sent to the Nari-O-Shishu Nirjatan Daman Tribunal, Jessore for trial who took cognizance and held trial examining as many as 11 witnesses and after considering the evidence on record found accused Md. Moniruzzaman @ Chaklet, Masud Rana, Md. Mostak, Driver Abul Kal..Category: Criminal Law | Date: | Hits: 70
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......r hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......e Notification dated 4th May, 1961 for the extension of agriculture in the name of Agricultural Directorate and, therefore, the suit is not maintainable. 4. The trial Court on consideration of the evidence on record by judgment and order dated 30th October, 2003 decreed the suit. On appeal, the H..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698....... is also Reported in: VIII ADC (2011) 698.......f Civil Procedure that is to say, error apparent on the face of the record or omission to bring to the notice of the Court the relevant provisions of law or discovery of a new and important matter of evidence which, after exercise of due diligence, was not within the knowledge of the person seeking ..Category: Property Law | Date: | Hits: 81
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......bstance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ...... approved by the then Circle Officer (Revenue), Barura on 15.4.1990 and that Nawab Ali had since been paying rent as per the separate khatian prior to the sale under pre-emption. While discussing the evidence of the pre-emptor who was examined as P.W. 1, the trial Court noticed that the pre-emptor a..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......title to the suit property by virtue of her purchase from the attorney of the lessee Dilip Kumar Roy. Moreso, the plaintiffs failed to prove their kabalas dated 09.06.1969 as required by the rules of evidence and thus they failed to prove their title to the suit property, consequentÂly, they were n..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......d till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......more than 20 years by exercising his right, title and interest therein and by paying rent etc. and also by mutating his name in the relÂevant Khatians. 4. The Trial Court, on consideration of the evidence adduced by both the parties, dismissed the plaintiff’s suit on making observation and fin..Category: Property Law | Date: | Hits: 76
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ...........Petitioners Vs. Abul Kalam and other ..................................Opposite Parties Judgment May 25, 2011. Result: The Rule is made absolute. Cases Referred to- Nuruddin Ahmed Vs. Zafarullah Siddique and others, 42 DLR 246; Md. Zahoor Ali Khan, 11 MIA 468 (PC). L......s did not get any settlement from suit plot no. 1020 and did not possess the same in any material time. 4. While the said suit was ready for further hearing on 08.10.1998, after competition of the evidence of P.W.2, the petitioners herein filed an application under Order 6 Rule 17 of the Code of ..Category: Administrative Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......ule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......n of Master Plan.- (1) When the Government approves the Master Plan submitted under section 73, it shall announce the fact by notification and the publication of such notification shall be conclusive evidence that the master Plant has been duly made and approved, and thereafter it shall be unlawful ..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232....... also Reported in: 44 DLR (HCD) (1992) 232.......cate conducting the, suit for the defendant is engaged in a part‑heard matter before the High Court Division and hence not in a position to appear but the court rejected the petition and closed the evidence and passed the judgment on 14.2.89 which is on the next day and decreed the suit. Against t..Category: Procedural Law | Date: | Hits: 111
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