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Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....ted collateral security. Defendant No.3 mortgaged his property as further security for the loan. The charge documents were executed on 27-5-1963. The defendants enjoyed the loan but they did not liquidate the same despite calls and reminders. Fresh charge documents were executed in the year 1965 and...... 7. We have heard the learned Counsels of both the appellant and respondent No.5 and perused the pleadings, evidence and exhibits on record of the case. Both sides argued the case in length and cited decisions. 8. Admitted position in the suit is that, in 1963 the granted a cash credit upto the l..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ecution is that a few days back an amount of Taka 2,200.00 was stolen by accused from the house of the informant and regarding that matter when the wife of the informant made query to Khorshed on the date of occurrence in the house of sister, Khorshed became agitated and threatened to teach a good l......e on record. Of course, in some cases conviction can be given relying on the evidence of a single witness but in any case the entire evidence should be considered and looked into before arriving at a decision. 21. There is no doubt that First Information Report is not substantive evidence, but it..Category: Criminal Law | Date: | Hits: 54
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....€” the Opposite Parties. Civil Revision No. 3497 of 1991 (Dhaka) Civil Revision No. 94 of 1989 (Rangpur). Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 5-11-88 passed by the Subordinate Judge, Thakurgaon in Miscellaneous Appeal No.15 of 1987 affi......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....e Petitioners. SAM Mahbub Elahi, Advocate — For the Opposite Parties. Civil Revision No. 3843 of 1994. Judgment Bijan Kumar Das J.- This Rule is directed against the judgment and decree dated 5-3-1994 passed by the learned Subordinate Judge, Chandpur in Title Appeal No.22 of 1990 rever......nce of those persons. The learned Subordinate Judge, has correctly found that the suit suffers from defect of parties. 12. From the foregoing reasons I do not find any reason to interfere with the decision of the final court of fact. This Rule is, therefore, discharged without any order as to ..Category: Property Law | Date: | Hits: 65
....
AQ Rashid Ahmed, Assistant Attorney-General — For the Opposite Parties.
Civil Revision No.455 of 1981.
Judgment
Gour Gopal Saha J.- This Rule is directed against the judgment and decree dated 7-11-1980 passed by the 5th Court of Additional District Judge, Dhaka in Title Appeal No.165 o......g and considering the evidence of any of the eight witnesses examined by the contending parties and on misconstruction of CS Khatian Ext. 1 and 1(a) and the same has resulted in error in the impugned decisions occasioning failure of justice. The learned Advocate further submits that in the face of t..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....epresented - Opposite Party. Civil Order No.1423 of 1998. Judgment MA Aziz J.- This application under section 115(1) of the Code of Civil Procedure is directed against the judgment and order dated 3-2-98 passed in Family Suit No.27 of 1996 by the learned Senior Assistant Judge and Family Co......he failure of the plaintiff to annex a schedule to the plaint at the concluding stage of the case the court felt disinclined to reject the plaint. 14. The Family Court further held that though the decision in the case of Sharmin Hossain @ Rupa Vs. Mizanur Rahman reported in 2 BLC 509 holding “T..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....the judgment, appears to be that the plaintiff is a poor young girl used to work frequently in the house of the defendant, while she was so working one late evening about 15 days prior to the alleged date marriage the defendant asked her to get a cup of tea and as soon as she went to his room at his......issed the Family Court Appeal No.5 of 1995 which was preferred by the defendant-petitioner. Thereafter the defendant petitioner has moved this revisional application. 4. Contesting this concurrent decision Md. Hannan, the learned Advocate appearing for the petitioner submits that the petitioner i..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....itioners. Nikhilesh Dutta with AB Roy Choudhury, Advocates — For the Opposite-Parties. Civil Revision No.1115 of 1996. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 12-96 passed by the Senior Assistant Judge, Narshingdi in Miscellaneous Case No.24 of 1994 set......tion the signature of the parties or their advocates should be obtained and when signatures are not obtained, the order sheets should show that the information has been communicated. 14. The cited decision lends support to the defendant and it is found that the defendants were prevented by suffic..Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....nder section 115 of the Code of Civil Procedure at the instance of the plaintiff respondent petitioner was issued upon the defendant appellant opposite parties 1‑4 to show cause as to why the order dated 19.11.92 passed by the District Judge, Habiganj in Title Appeal No.170 of 1992 allowing appoin......f the fact that the learned Subordinate Judge did not state in the judgment properly as to how the plaintiff's suit was proved. In this connection, the learned Deputy Attorney‑General referred to a decision in the case of Bangladesh Vs. Israil and others reported in 1981 BLD (AD) 371 wherein it ha..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....R Rezaul Karim, Advocates - For Respondent No.1 (a). Appeal from Original Decree No.157 of 1959. Judgment Kazi Ebadul Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plain......tion whether the seized goods were smuggled goods and liable to confiscation was within the exclusive jurisdiction of the custom authorities and under sections 188 and 191 of the Sea Customs Act such decision was final; that the disputed goods were not duty paid goods but smuggled and Nabi Hossain d..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mojibar Vs. State, 1998, 17 CLC (HCD)
....tant Attorney-General — For the State. Criminal Appeal No.1119 of 1997. Judgment Md. Nurul Islam J.- This appeal by the accused appellant Mojibur is directed against the judgment and order dated 30-4-1997 passed by the learned Assistant Sessions Judge, 3rd Court Barisal in Sessions Case N......bstantive evidence against another accused and without any supporting evidence to this confessional statement, it cannot be considered as evidence under section 30 of the Evidence Act. He relied on a decision reported in 3 BLC (AD) 53 (Ustar Ali Vs. State) wherein their Lordships held: “Confess..Category: Criminal Law | Date: | Hits: 78
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....r the State. Criminal Miscellaneous Case No.2952 of 1998. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the 7 named accused of Banaripara Police Station Case No.3/21 dated 16-4-98 calling upon the opposite party to show cause as to why they should not be enlarged on......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506...Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
.... Marfat Ali, Advocate — For the Petitioner None appears — For the Opposite Party. Civil Revision No. 3635 of 1996. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 1-1-96 passed by the District Judge, Thakurgaon in Miscellaneous Case No.9 of 1995 under Order......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....d that the officer-in-charge filed a false case for his personal gain by way of getting promotion in the service. P.Ws.3 and 4 were tendered. P.W.5 was a constable attached to Batiaghata Thana on the date of occurrence. He corroborated the statement of P.Ws.1 and 2. He further stated that one revolv......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....he appellant was not aware of the case as he was outside of the locality and the learned Advocate who was appointed to defend him did not cross-examine the witnesses fully and was not present on some dates of examination of the P.Ws. So, he prayed for sending back the case for retrial by giving an o......n opportunity to defend himself properly by cross-examining the P.Ws. and for that purpose the case is liable to be sent back to the trial Court. As the case is being sent back to the trial Court, no decision on merit is given in this appeal. In the result, the appeal is allowed. The Judgment, or..Category: Criminal Law | Date: | Hits: 74
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....the Petitioners. Faziul Karim with Md. Abdullah Advocates — For the Opposite Parties. Civil Revision No.797 of 1998. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 19-10-97 passed by the Subordinate Judge and Artha Rin Adalat, 4th Court, Dhaka in Title Execu......f Abdul Hamid Vs. Abdul Jabbar reported in 34 DLR (AD) 208 in which it has been held that by restitution the parties are to be put in the position which they would have occupied but for the erroneous decision. It has also been held that the distinction between restitution under section 144 of the Co..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....2) Rezaul Karim alias Abdul Karim alias Khorshed Alam alias Khashru, (3) Abdus Salam alias Omar Ali and (4) Abu Bakar Siddique alias Siddique, is directed against the judgment and order of Conviction dated 19-3-95 passed by the learned Assistant Sessions Judge, 2nd Court, Tangail, in Sessions Case N......is true that the recording Magistrate did not ask the confessing accused as to whether they confess their guilt or not they will not be handed over to the police. In this connection we may refer to a decision of our Appellate Division as reported in 8 BLD (AD) 109 = 40 DLR (AD) 139 (Dipok Kumar Sark..Category: Criminal Law | Date: | Hits: 70
Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)
....unqualified apology. 2. On 15-2-99 this Court issued Rule Nisi in Writ Petition No.545 of 1999 filed by the petitioner calling upon the Bangladesh Bank and two others to show cause as to why order dated 30-8-98 so far as clause No.6 of that order was concerned and order dated 20-12-98 of the said......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485...Category: Criminal Law | Date: | Hits: 69
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....ner. Md. Khalequzzaman, Advocate — For the Objector. Matter No.150 of 1997. Judgment Md. Joynul Abedin J.- The petitioner by this application has sought to review the judgment and order dated 7-2-1999 whereby this Court declared the annual general meetings of the company for the years ......n. Jurisdiction for review being a creature of statute or law it is necessary that the power of review should be conferred on the Court expressly or by implication. This proposition is supported by a decision reported on 50 DLR 429 involving the question whether SCC Court had jurisdiction to review ..Category: Company Law | Date: | Hits: 186
Shaikh Jahangir Hossain Vs. Government of BanglaÂdesh and others, 2001, 30 CLC (HCD)
....h Razzaq Ali, Senior Advocate with Shamsul Haque, Advocates- For the Respondents. First Appeal No.140 of 1995. Judgment ABM Khairul Haque J.- This appeal arises out of the judgment and order dated 20‑2‑1995 and decree dated 22‑2‑1995, passed by the Subordinate Judge, Third Court, Dh......d two tenders, for the Plot No.15 and plot No.18, and deposited 25% of his quoted price in favour of the defendant and both of his tenders were found to be the highest, that in such circumstances the decision to cancel the tender was not proper only the ground that realistic price for the plots was ..Category: Civil Law | Date: | Hits: 82
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