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Shamsuddin Vs. The State, 1990, 19 CLC (HCD)

....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......e trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......ered from the trend of cross‑examination, is that of innocence and their further case is that deceased Rozina Khatun committed suicide by hanging. The learned Sessions Judge on consideration of the evidence on record found the appellant guilty of the charge levelled against him and he convicted an..

Category: Criminal Law | Date: | Hits: 66

Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)

....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......s………………….Opposite Parties Judgment January 8, 1992. Result: The Rule is discharged. Cases Referred to- Syed Md. Shah Vs. Abdul Jabbar, Md. Yakub and others, 1943 AIR (Sind) page 132; Haji Golain Sarwar Vs. Dayarant, SCMR 1975, page 179; Sabilri Bala Vs. Rohini Kanta M...... Defendant Nos. 1‑5 who figured as opposite parties appeared in the aforesaid suit and filed a written statement and all the averments made in the plaint were categorically denied. Both parties led evidences in support of their respective contention and the learned Munsif on consideration of the e..

Category: Procedural Law | Date: | Hits: 74

Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)

.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......llowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......s an employee under him. He misappropriated a sum of taka thirty five thousand from his shop and to divert the said incident, the appellant instituted the suit by making wild allegations. Besides the evidence of the appellant, the Family Court on assessment of the evidence of Shadrul Islam (P.W.2), ..

Category: Family Law | Date: | Hits: 318

Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)

....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......e appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......d and there was no intention of cheating on his part. But the complainant out of greed and for wrongful gain filed the false case against the accused. 4. The learned Magistrate on consideration of evidence of 5 witnesses including the complainant by, his judgment dated 9.3.86 convicted and senten..

Category: Criminal Law | Date: | Hits: 69

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

.... 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: 55 DLR (2003) 328.......of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......r close of the prosecution witnesses, the accuseds in the dock were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross‑examination is total..

Category: Criminal Law | Date: | Hits: 51

Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)

....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......itioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......s Head Mistress he has been implicated in this case. 4. On behalf of the convict petitioner the learned Advocate Mr. Abdus Sobhan Tarafder with Mr. AKM Moniruzzaman submits that it is a case of no evidence. He has submitted that the extra judicial confession by the convict petitioner is not admis..

Category: Criminal Law | Date: | Hits: 62

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......ith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ....... He filed the Khatian, which was marked as Exhibit 11. 29. In cross-examination, He denied that the land was recorded in the name of Mansur Fakir and others. 30. After the close of prosecution evidence the appellants were examined under section 342 of the Code. All of them pleaded not guilty ..

Category: Criminal Law | Date: | Hits: 60

Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)

....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567....... find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......nufactured the will in blank cartridge papers obtaining thumb impression thereon fraudulently in collusion with deed writer of kabala Ext. 1 at the time of execution of the said kabala and in view of evidence of P.Ws. proving execution and attestation of the will Ext. 2, Court below was wholly wrong..

Category: Property Law | Date: | Hits: 78

Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)

....em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......ee is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ......n respect of 5 gondas share of the defendant Nos.14(Ka) and 14(Kha) in the suit properties. 10. Mr. Miah Abdul Gafur, learned Advocate appearing for the appellants, placed before us the pleadings, evidence on record and impugned judgment. He submitted that the Court below was not justified in pas..

Category: Property Law | Date: | Hits: 57

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......��……………Respondents Judgment May 19, 1993. Case Referred to- Government of Bangladesh Vs. Basharatullah, 40 DLR 554. Lawyers Involved: Md. Matiar Rahman with Md. Zakir Hossain and Quazi Aulad Hossain, Advocates ‑ For A Plaintiff‑Appellant. Md. Shahidul Alam Chowdhur......nts of compensation, damage and mesne profits as shown in the plaint are all imaginary and there is no basis at all for such claims inasmuch as no inquiry was made, no survey was held and there is no evidence as to the damage and compensation as claimed by the plaintiff. The plaintiff examined one w..

Category: Property Law | Date: | Hits: 75

Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)

.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ...... and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......t appears that the petition of complaint disclosed prima facie case. The High Court Division further held that whether or not the petitioner is connected with the offence can be ascertained only on evidence and therefore the petition under Section 561A of the Code of Criminal Procedure is miscon..

Category: Criminal Law | Date: | Hits: 85

Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)

....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......ions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......rved that it will be decided at the time of trial. It is true thai falsity of allegations cannot be adjudged at the time of framing charge and the same is decided at the time of trial in the light of evidence that may be adduced by the parties in support of their respective contentions. In view..

Category: Criminal Law | Date: | Hits: 165

Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)

....r the evidence of the trial court and come to a finding whether the conviction and sentence can be legally sustained in law and whether the conviction and sentence has been passed on the basis of inadmissible evidence and that the impugned judgment and order, therefore, needs to be reviewed for ......e appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......to reviewed by this Court in view of the established principle of law as already decided by our Supreme Court; the appeal is continuation of the trial and as such the Appellate Court can consider the evidence of the trial court and come to a finding whether the conviction and sentence can be legal..

Category: Criminal Law | Date: | Hits: 89

Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417....... The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......e-'Ka' of the plaint. Trial Court dismissed the suit which has been affirmed by the Court of appeal below in an appeal filed by the plaintiff-petitioner. Both the lower Courts on consideration of the evidence came to the finding that the plaintiff claims title in respect of .32 decimals of land out ..

Category: Property Law | Date: | Hits: 61

Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)

....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......1998 and the learned District Judge, after hearing, dismissed the appeal holding that the bainapatra. Exhibit No.1, is a registered instrument and contents of the same can not be controverted by oral evidence. Being aggrieved the defendant No.1 moved the High Court Division and obtained Rule in Civi..

Category: Property Law | Date: | Hits: 54

Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)

.... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......is of the kabla dated 19.10.1960 whereas the plaintiffs claimed title and possession on the basis of a kabalas dated 15.2.1986 and 29.6,87 and further the plaintiff No.1, who deposed as P.W.1, in his evidence admitted that the defendant No.1 had constructed homestead on an area coloring .22 acres of..

Category: Property Law | Date: | Hits: 57

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......ithout any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......osed by the order dated 23.02.1992; that the plaintiffs have filed the suit making untrue statement. 4. The Assistant Judge, Borhanduddin Upazila heard arguments from both the sides, discussed the evidence and believed that the plaintiffs have been able to prove their case. So, the trial Court de..

Category: Property Law | Date: | Hits: 64

Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)

....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......on. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ...... is also no bar for selling the mortgaged property in auction by the petitioner bank phase by phase to realize the dues of the decree holder. 4. We have heard the learned counsels and perused the evidence on record. 5. We are of the view that the High Court Division on proper consideration of..

Category: Civil Law | Date: | Hits: 89

National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)

....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. .............................Appellant Vs. New Sonali Garments (Private) Ltd. & Ors . ...........................Respondents Judgment April 20, 1993. Lawyers Involved: Ashrarul Hossain with Mvi. Md. Wahidullah, Advocates ‑ For the Petitioner Cross‑objection. M Zahir with M H...... the defendant in respect of their respective rights against the judgment and decree passed by an Artha Rin Adalat. In the case of a defendant the appeal against the decree must be filed accompanying evidence of the payment of 50% of the decretal amount in the trial Court. In the case of an ex parte..

Category: Civil Law | Date: | Hits: 96

Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)

....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......se is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......clusion the High Court Division quoted the observations of the House of Lords, "in judicial review first three charges of the case were quashed, since committal on the fourth was independent of the evidence of two boys". We fail to understand as to why the High Court Division has considered the ab..

Category: Anti-Corruption Laws | Date: | Hits: 214

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