Search Options
Judgment Advanced Search
Displaying 2141-2160 of 4280 results.
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......rty filed another Miscellaneous Case under section 96 of the State Acquisition and Tenancy Act for the self‑same land in the Court of Munsif, Serajganj. The learned Munsif on consideration of the evidence and other materials on record and facts and circumstances of the case rejected the Miscella..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......bi and in support of such alibi examined 14 witnesses which was disbelieved by the Court below. 11. The learned Additional Sessions Judge, Kishoreganj, upon hearing the parties and considering the evidence on record found the accused‑ appellants guilty under sections 302/149 and sentenced them ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......s book of accounts. He denied that he did not give any money to the appellant. 9. The learned Subordinate Judge took up all the three issues together for consideration; and on consideration of the evidence found that by the letter of authority, Ext. 1 the appellant gave licence to respondent to c..Category: Property Law | Date: | Hits: 110
....nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......scharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......e ship.
7. Both the parties examined only one witness each in support of their respective case and filed documents which were marked exhibits. After considering the oral as well as the documentary evidence the Court below came to the following conclusions:
"So the charter party in question tha..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......erty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......ted in 12 DLR page 100. In this decision a Division Bench of the High Court Division held that re‑trial is not and should not be treated as a method for enabling the prosecution to improve upon the evidence which was led at the original trial nor should it be resorted to for giving the prosecution..Category: Criminal Law | Date: | Hits: 52
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......itioner Vs. Upazila Nirbahi Officer, Perojpur and Others...................Opposite‑Party. Judgment November 4, 1990. Cases Referred to- Circle Officer, Sutrapur Vs. Mohammad Hosain, 1990 BLD 12; Bangladesh Vs. Jahiruddin, 1986 BLD (AD) 190. Lawyers Involved: AK Badrul Huq...... took lease of some portion of the said as vested property and he is in possession of his leased out property. 5. The Court below on a careful consideration of the pleadings of the parties and the evidence on record decreed the suit vide judgment and order dated 30.8.89 and the decree was signed ..Category: Limitation Law | Date: | Hits: 192
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ...... City through Chairman Municipal Committee, 22 DLR (WP) Lahore 295; The Trustees of the Port of Chittagong Vs. Sadharan Bima Corporation and others, 32 DLR page 99; Nurun Nahar Vs. Mohd Fazlur Rahman in Civil Appeal No. 83 of 1977. Lawyers Involved: JN Deb with Jotirmoya Deb, Advocates ‑ For......ferred- (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be pr..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....he impugned judgment and order of conviction and sentence cannot be sustained in law and also on facts. Thereafter, it is contended on behalf of the appellants that their conviction has been based on inadmissible evidence, in as much as the post‑mortem report in this case has not been put into evi......them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......ther matters and for that he has falsely implicated them in this case including accused Abdul Hye who was a member of the Union Parishad. The learned Additional Sessions Judge in consideration of the evidence on record found the appellants guilty under sections 460/302/34 of the Penal Code and convi..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....cree of the learned Assistant Judge and decreed the suit. 6. Mr. Ruhul Amin‑II, the learned Advocate appearing in support of the Rule submits that the learned District Judge wrongly relying upon inadmissible evidence, Ext. 7, the written statement filed by the Government in Title Suit No. 63 of......Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401. Lawyers Involved: Ruhul Amin‑II with Golam Mohiuddin, Advocates ‑For the Petitioner. Ruhul Amin, Advocate ‑ For the O......earned Assistant Judge and decreed the suit. 6. Mr. Ruhul Amin‑II, the learned Advocate appearing in support of the Rule submits that the learned District Judge wrongly relying upon inadmissible evidence, Ext. 7, the written statement filed by the Government in Title Suit No. 63 of 1976 found t..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......ppellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......osecution to secure arrest of the owner of the truck and of the goods support the defence case that PW 1 allowed the real culprits to escape and the appellants were made scape goats without any legal evidence in order to save his service. Mr. Khan further urges that there are material contradictions..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..............................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin, 27 DLR 413; Abdul Mannan and others Vs. Halima Khatun and others, 27 DLR 465; Gappulal Vs. Thaku......d to reclaim the same; that one Narendra instituted a criminal case against him on false allegations of cutting away paddy but subsequently the complainant withdrew the same for non‑availability of evidence; that there is a gopat to the west of the disputed lands and the said Narendra brought anot..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......w was justified in setting aside the judgment and decrees of the Family Court and in remanding the two suits to the Family Court for retrial. The Family Court on consideration of the pleadings and evidence on record came to the conclusions that the plaintiff petitioner was compelled to do domesti..Category: Family Law | Date: | Hits: 210
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......charged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......er 7 rule 11 (d) is relatable to the statements made in the plaint and not otherwise, whereas the plea of res judicata taken otherwise as a contested issue has to be considered on the totality of the evidence and other materials on record at the final hearing of the suit. In the instant case there h..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......sh Roy Chowdhury J Abul Kashem.....................Petitioner Vs. Mafiz Mia and others...........Opposite Parties. Judgment April 4, 1991. Lawyers Involved: Khandaker Mahabubuddin Ahmed with Md. Faruque and Mirza Hossain Haider, Advocates For the Petitioner. Abdul Baset Maj...... District Judge, Comilla against the decision of the Election Tribunal. During the pendency of the appeal the learned District Judge, upon a prayer made by opposite party No. 1, allowed an additional evidence to be introduced in the case to show that the petitioner was a defaulter with respect to a ..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......sult, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......ation in respect of an offence after a report under sub‑section(1) has been forwarded to the Magistrate and whereupon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regard..Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....s case did not give true version of the occurrence and that their evidence is marked by contradiction on material point and that the confessional statement on which prosecution much relied is totally inadmissible in evidence in as much as it is tainted by torture, threat, intimidation and promise an......ia alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......corting constable under seal cover. Opinion. Death in my opinion, was due to shock and haemorrhage due to bullet injuries which were ante‑mortem and homicidal in nature." 6. Apart from the evidence of doctor referred above evidence of other PWs have proved beyond doubt that victim Kaoser ..Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. .....................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1945 Cal 50; M/s Lutfun Nahar Vs. Syeeda Hasinal Ara Begum and another, 21 DLR 633; Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR ......and others Vs. Zahiruddin Kari and others, 30 DLR (SC) 81 wherein it has been held that according to section 103B of the Bengal Tenancy Act every entry in a record of right finally published shall be evidence of the matter referred to in such entry and shall be presumed to be correct until it is pro..Category: Property Law | Date: | Hits: 95
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......en by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......levant answer scripts they had no occasion to receive any written answer script from outside and to submit the same the petitioner may raise such question in suits and to prove such facts by adducing evidence therefor in according with the rules of evidence before an appropriate forum, but it is not..Category: Others | Date: | Hits: 112
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......an, Advocates ‑For the Petitioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Net......hat the petitioner is not owner of contiguous plot No. 460 inasmuch as the Court itself had found that plot No. 459 and 460 are contiguous to each other on the basis of the mouza map. This finding on evidence is perverse and requires to be aside, So, I set aside the same. The Court below rightly fou..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......ations against him as are necessary for enabling him to defend himself. According to the Criminal Procedure Code the attention of the accused has to be drawn to all the circumstances appearing in the evidence against him. If to some material circumstances his attention is not drawn that circumstance..Category: Constitutional Law | Date: | Hits: 287
52605259525852565255525452475245524452435241523952345233523252305229522852275226