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Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....icated that the premises was never an abandoned property. In spite of these facts, the appellant was prosecuted at the instance of respondent 5, an officer of the Naval Head Quarter and others on charge of misappropriating Tk. 3 lacs and odd which he received as rent paid by the Government, less...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256...Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
.... Code of Criminal Procedure. The petition for drawing up proceeding under section 145 of the Code was moved on 6.11.84. On the same date the learned Magistrate asked for report from the officer-in- charge of the police station. On 17.11.84 the learned Magistrate recorded the following under: ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....e accused to be tried under the unamended law………….(8) Trial in a Sessions Case presupposes the appearance of the accused before the court for the purpose of hearing the accusation or charge against him or them. The trial actually started on 16.03.1981 and it is the date which should...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....the High Court Division. Writ Petition No. 442 of 1978 challenging the order dated 24.2.78 and the aforesaid civil revision cases were heard analogously by a Bench of the High Court Division which discharged the Rules. 11. On 20th September 1982 Title Suit No. 197 of 1978 was decreed by the Munsi......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....H backed up by enormous documentary evidence that Amir Ali acknowledged him as his son. The onus was heavily on the plaintiff to disprove Monowara’s marriage with Amir Ali, which he failed to discharge. The Courts below, including the High Court Division, wrongly placed the onus of proof ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....mother, until he becomes independent of it himself, that is to say, he becomes capable of shifting, eating, drinking and performing on her natural functions without assistance after which the charge devolves upon the father, or next paternal relation. The hizanat with respect to a boy ce......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... them during cross-examination. As to the authenticity of these certified copies, the respondent did not apply to the Court to lodge a complaint under section 195 Cr.P.C. against the appellant on a charge of forgery who produced or filed in evidence these documents in a judicial proceeding. Such......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....the relevant day in 1973, he was working as Officer of the said Bank. He was placed under suspension on 13 January 1973 by the Managing Committee of the Bank and a proceeding was drawn against him on charges of misappropriation of Bank's money by forgery and falsification of accounts. He submitted......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....rial for arriving at correct determination of disputed facts…………………….(8) Burden of proof The burden to prove its case is on the prosecution alone. If the prosecution fails to discharge that burden, the accused is entitled to acquittal, even if the defence fails to establish its...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....al Judge, however, instead of taking cognizance on the complaint by the Additional Deputy Commissioner, forwarded the matter to the Anti Corruption police who then investigated the case and submitted charge-sheet against the accused persons for forgery and use of forged document by criminal conspira...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....visions of law. 3. Chief Metropolitan Magistrate who took cognizance of the case transferred it to the Metropolitan Magistrate, Dhaka. By his order dated 11th April 1984 the said Magistrate framed charge under section 290 of the Penal Code. No mention was made of section 30 of the Printing, Press......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
.... and the accused persons fled away. The local people removed injured Harun to Fatickchari Charitable Dispensary where he died soon thereafter. 3 After completing investigation police submitted charge-sheet on 27.12.79 against absconding accused Saifuddin Saifa and submitted final report again......he cause of apprehension and the circumstances leading to making the fetal blow upon the victim by principal Accused Saifuddin @ Saifa and involvement of the Accused Petitioners in the conspiracy and abetment of the offence has been described. So, it could not be said that the proceeding against the..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
.... Appellant who appeared before the Election Tribunal was examined and in his examination-in-chief he stated the illegalities and irregularities committed by respondent No. 3 as well as the persons in-charge of conducting the election of Ward No. 3. 4. The Election Tribunal, respondent No. 2 allo......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
.... within the definition of tax under subsection (14) of section 2 of the Act which runs as follows: "(14) Tax means the tax payable under this Act and includes any penalty, interest, fee or other charge leviable under this Act;" 7. The High Court, accordingly, came to the conclusion that the ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
.... in the instant ease it was incumbent on the appellant to prove when the document was forge and there by placed onus wrongly on the appellant which under the law the appellant is not inquired to discharge. The next contention was that the learned Judges of the High Court Division mis-interpreted......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....ner who was the Chairman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special Judge of Mymensingh under the Criminal Law Amendment Act on a charge of criminal breach of trust in respect of a sum of Rs. 915/- during the period when he held ......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....ily an application filed by the appellant under section 215 of the Code of Criminal Procedure for quashing the order of commitment of the appellant to the Court of Sessions to stand trial on a charge under section 302/109 of the Penal Code. 2. The appellant Lutfun Nahar Begum along w......r person as well as against the person who makes such confession." 7. The explanation given under the section includes within the term "offence" used in the section, the abetment or attempt to commit the offence. The language of the section does not render the confessi..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....kistan in an appeal and a reference under section 374 of the Code of Criminal Procedure. Criminal Appeal No. 2 of 1973 was filed by an uncle of the person for whose murder the respondents were charged at the trial under sections 148, 302/34 and 307/34 of the Penal Code, and Criminal Appeal N......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
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