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Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ...... is also Reported in: 58 DLR (2006) 470. ......ced number of documents, which were marked as exhibit 1 to 1 (d), 2-2(ka) 3, 4 to 4(d) and 5 to 7 and while those of defendant marked as exhibit A to A (3), B to B(1) and C. 14. Trial Court on the evidence on record decreed the suit as prayed for. On appeal there from at the instance of defendant..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......f issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......rt held: "The legal position with regard to an entry in School Register. Admit Card and Board, Certificate is that such Registers. Cards and Certificates as public documents and are admissible in evidence under section 35 of the Evidence Act, but the evidentiary value to be attached to the entri..Category: Election Law | Date: | Hits: 87
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ...... 302 of the Penal Code to which he pleaded not guilty and claimed to be tried. 5. The defence case, as it transpires from the trend of cross examination of the prosecution witnesses as well as the evidence of defence witnesses is, that of innocence and the act done at the time of doing it was by ..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......charge-sheet. PW 8 Serajul Islam stated that he reached the place of occurrence after the arrest of the accused persons and also investigated the case and prepared seizure list. 10. From the above evidences we find that the said PW 6 Motaleb Sikder who has put his signature in the seizure list is..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......er within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......radh Daman (Druta Bicher) Ain, 2002 in his absence. 6. Prosecution has examined 4 (four) witnesses in his absence and the learned Magistrate considering the facts and circumstances of the case and evidence on record convicted the accused petitioner by his judgment and order dated 8-7-2004 under s..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351....... from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......s been falsely implicated in the case out of suspicion and no offence has been committed by the convict appellant for which he should be acquitted. 8. After hearing the parties and considering the evidences on record, the learned Assistant Sessions Judge and 3rd Artha Rin Adalat, Chittagong convi..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......'s records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......al the prosecution in all produced fourteen witnesses, of them examined eleven witnesses and PWs 6-9 were tendered for cross examination. The defence examined none. 6. After closure of prosecution evidence when appellant was examined under section 342 of the Code of Criminal Procedure he repeated..Category: Criminal Law | Date: | Hits: 55
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......Abdul Mannaf and others………………………..Opposite Parties. Judgment May 10, 2006. Cases Referred to- Gangamoyi Debi Vs. Troiluckhya Nath Chowdhwy, 33 Indian Appeals 60; Risal Singh Vs. Monohar Lal, AIR 1927 Lahore 748 at page 750, A Rahman Vs. A Rahim Gazi, 35 DLR 132; Rashid......d by the defendant No. 1. 5. The plaintiff-respondent-petitioner now submits that the lower appellate Court erred in reversing the judgment and decree of the trial Court since there is no credible evidence to show that the disputed Hiba-bil-iwaz deed had at all been executed by Anfar Uddin in fav..Category: Property Law | Date: | Hits: 82
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......dge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......on. Therefore, the Court should not act upon the plea, in other words, the conviction need not necessarily follow the plea of guilty. The Court has discretion of accepting the plea or proceed to take evidence notwithstanding the plea. While the conviction on a plea may considerably abridge the trial..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......on officer or the learned Magistrate that the accused opened fire to kill Sony. The confessions were extracted from the convict appellants under inhuman torture. 12. After the close of prosecution evidence, the accused in dock were examined under section 342 of the Cr.P.C. during which they repea..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman, 31 DLR (AD) 133; Nur Banu Vs. Noo......ment is necessary for the purpose of determining the real questions in controversy between the parties and proper adjudication of the suit. Moreover, the plaintiff will prove his own case by adducing evidence and the defendants have the apple opportunity to file additional written statement against ..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......t ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......istrate to prevent serious apprehension of any breach of peace, such order was set aside by the Additional Sessions Judge. Chittagong and directed to hand over possession to the 2nd party without any evidence and without determining as to who was in possession and in exercise of power of inherent ju..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ...... bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......e sentence awarded is excessive in the facts and circumstances of the case. 5. Mr. Md. Jamil Akhter Elahi, the learned Assistant Attorney-General appearing on behalf of the State, submits that the evidence is consistent with the petitioner and his accomplices coming to the place of occurrence aim..Category: Criminal Law | Date: | Hits: 61
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......tered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......me he fell down on the ground and got himself injured and due to profuse bleeding, he succumbed to the injuries and that the accused-persons were falsely implicated in the case. 9. Considering the evidences and other facts and circumstances of the case, the learned Trial Judge found the accused-a..Category: Criminal Law | Date: | Hits: 93
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......ough they claimed that they had been using the trade mark since 1980 yet, they applied for the removal of the trade mark only on 9-11-1997. After filing of the objection the applicant-appellant filed evidence in support of the rectification case, but on behalf of the respondent co-counter statement ..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......3. To prove the charge under sections 302 and, 34 of the Penal Code, the prosecution produced and examined 7 witnesses. The defence cross-examined all these witnesses, but did not produce any counter-evidence. 4. The defence pleas, as revealed from the trend of the cross-examination of the prosec..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ...... LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......ntitled to get a preliminary decree for partition? 5. What relief, if any is the plaintiff entitled? 13. The learned Joint District Judge considering the facts and circumstances of the case and evidence on record decreed the suit by his judgment and decree dated 30-1-2003. 14. Being aggriev..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326....... cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......tion, the trial Court ought to have considered whether the plaintiffs of the present suit were, in fact, residing at the addresses shown in the plaint of Other Suit No. 105 of 1983 and in view of the evidence on records the trial Court ought to have decreed the suit but the failure of the Judge has ..Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322........ Initially an attempt was made to settle the matter, but since no compromise was reached, the informant lodged the case. 3. After investigation and due process of trial, upon consideration of the evidence of 5 prosecution witnesses and 1 defence witness, the learned trial Judge convicted the pet..Category: Criminal Law | Date: | Hits: 97
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......ong with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......in the accused-petitioner from entering into the case land which was ultimately converted to a Miscellaneous proceeding under section 145 of the Code of Criminal Procedure and at the time of adducing evidence for ascertaining physical possession in the land in question the petitioner filed a Kabala ..Category: Criminal Law | Date: | Hits: 60