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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ...... This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......he Trial Court— Questions raised before this court by way of filing this application under section 561A are mainly questions of facts to be decided by the trial court upon taking evidence, which the complainant is entitled to adduce at the time of trial..………..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
....2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......ompany and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......fact. The alleged tampering with the meter by the petitioner-company cannot be decided at all in this summary proceeding under Article 102 of the Constitution. It is essentially a matter of evidence and trial. In that view of the matter, we are of the opinion that the dispute regarding slo..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110 ......ction) Present: Sheikh Abdul Awal J Shahidul Karim J Hafizur Rahman…………………………………Plaintiff-Appellants Vs. Abdur Rahman Miah and Others…………..Defend......ndant paid balance consideration money within time as mentioned in the bainapatra? iv) Whether the plaintiff is entitled to get any other reliefs? 5. The trial Court on consideration of the evidence on record found that the plaintiff having failed to perform his part and dismissed the suit..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......ce. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ......p; Result: The appeal is dismissed. On long drop 16/17 years if a case is remanded to the trial Court below for deciding afresh in giving opportunity to the parties to add further evidence that will not improve the ultimate result of the case…......(26) Case Referred ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ......s. Md. Golam Rabbani………………Respondent Judgment December 6, 2016 Result: The Death Reference No.48 of 2010 is accepted. The Criminal Appeal is dismissed. Evidence Act (1 of 1872); Section 106 Section 106 of t...... 4. During trial as many as 10 witnesses were examined from the side of the prosecution and defence examined none but they have cross-examined the prosecution witnesses. 5. After the close of evidence from the prosecution side the condemned-prisoner Md. Golam Rabbani was examined under secti..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......t the testimonies of P.Ws.2 and 5 are not reliable, that the members of “Badr bahini” were in fact, “ফালতু” (Extras) and they were mere sources of Pak Army; that the evidence adduced by the prosecution for this charge were not sufficient to convict the appellant; th..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Hazi Abdul Late Vs. Abu Naseruddin and Others, 2015, 44 CLC (HCD)
.... The order of stay granted earlier by this court is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ......s at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 171 ......য়।” 10. I am of the opinion that this finding of reversal by the court of appeal below is not permissible under law. First, to consider affidavit scorned before a notary public is not evidence, nor it is a fact but a certificate of a state of thing. Secondly, such affidavit is to pro..Category: Procedural Law | Date: 10 Sep, 2015 | Hits: 1
....e of rival parties. The compliance with verification rule is mandatory, and its breach in substance will make so much of the statement in the affidavit as is not in compliance with verification rule, inadmissible. Reference in this connection is Vice Chairman Vs. Golam Nabi, 27 DLR (SC) 156.
10......, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
......the actual commission of an offence of confinement, abduction and torture as crimes against humanity as specified in section 3(2)(a) of the Act."
3. In support of the charges besides ocular evidence, the prosecution has also relied upon circumstantial as well as documentary evidence. ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ...... this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......ntrol and possession of the property in question. He further argued that the Court of Settlement rightly observed that though the Petitioner submitted some documents but those have not been proved by evidence. Mr. Islam also argued that the Petitioner is not the owner of the property and she can not..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44 ........Appellants Vs. Madris Ali Saha and Others…………….............Respondent Judgment June 29, 2015 Result: Rule is made absolute. Setting aside the Ex-Parte Decree under Sub-Rule 7 of Rule 1 of Order XVII— If any ......he Court shall fix a day for the further hearing of the suit, and may make such order as it thinks fit with respect to the costs occasioned by the adjournment: Provided that, when the hearing of evidence has once begun, the hearing of the suit shall be continued from day to day until all the wi..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ....... This Case is also Reported in: 67 DLR (AD) (2015) 266. ......defendant, who did not appear in the suit inspite of service of summons upon him and did not file any written statement, cannot contest an appeal filed against the decree passed in a suit on the evidence on record. Even a third party can file an appeal in case he is affected by a decree passed ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......lement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......ue as the heir of Syed Abdus Sattar, the succession certificate dated 14.04.1979 and affidavit dated 19.05.1979 were obtained. Moreover, the writ petitioners failed to produce any documentary or oral evidences before the Court of Settlement to prove the fact that the original owner Syed Abdus Sattar..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......) created this case. Neither Sanjay committed rape upon Malati, nor he abducted her, nor Malati Rani was ever pregnant by Sanjay Kumar Biswas. 6. The learned Tribunal Court chiefly relied on the evidences of alleged victim girl Malati Rani, her father Anukul Sharma and P.W. 5 Most Jobaida Khatu..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......ce the provocation is both grave and sudden. But if, on seeing his wife in the act of adultery, he leaves the house, goes to a shop, procures a weapon and returns to kill her paramour, there would be evidence of what is called mens rea, the intention to kill. And since, he was not acting on the spur..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
...... under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......e provocation is both grave and sudden.
But if, on seeing his wife in the act of adultery, he leaves the house, goes to a shop, procures a weapon and returns to kill her paramour, there would be evidence of what is called MENS REA, the intention to kill. And since, he was not acting on the spur..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......hs from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......of of such publication. Rule 35 speaks about presumption as to the correctness of the record-of-rights. When a record-of-rights is finally published under rule 33, the publication shall be conclusive evidence that the record has been duly revised under section 144 of the SAT Act. Every ent..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......cial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......against an order of acquittal is circumscribed by the limitation that no interference is to be made with the order of acquittal unless the approach made by the lower Court to the consideration of the evidence in the case is vitiated by some manifest illegality or the conclusion recorded by the court..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......te a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ...... declared without lawful authority and is of no legal effect. It is further stated that the rejection of the application under Order XXI, rule 90 of the Code without allowing the Petitioner to adduce evidence and rejection of the application under Order XXI, rule 83 of the Code are also illegal and ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......e limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......octrine of stare decisis does not bind this Division under Article 111 of the Constitution, a review petitioner can not invoke that doctrine. There are authorities for the proposition that fresh evidence, which has bearing on the event under consideration, but despite best efforts, could not be..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....rom the terms of the documents may of course be given. Evidence of contemporaneous conduct is always admissible as a surrounding circumstances, but evidence as to subsequent conduct of the parties is inadmissible'. 15. In a mortgage, the debt subsists and a right to redeem remains with the ......arned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......iscloses. The distinction is purely one of intention whether it was intended that the relation of debtor and creditor should subsist (Abdul Latif Vs. Abdul Gani, 1939 AC 730) and the question of what evidence is relevant to prove that intention. Before the Evidence Act came into force, oral evidence..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
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