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Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....formation report and the subsequent first information report is a statement of witnesses to the police upon which no conviction can be recorded as the so-called first information report is absolutely inadmissible in evidence and, as such, the prosecution has no leg to stand on. He further submits th...... secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ...... report lodged by the father of the deceased on 20-3-1990 is hit by section 162 of the Code of Criminal Procedure and falls under the category of statements, to the police, which is not admissible in evidence, since the GD Entry was made earlier in point of time. The same is the first information re..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....nt. The learned Advocate further submits that the learned Court of appeal below evidently erred in law in passing the impugned judgment basing on materials not brought on record legally and on wholly inadmissible pieces of evidence, clearly falling outside the purview of review under Order 47 rule 1......ts Vs. Shaheda Begum and others……………Respondents Judgment December 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government of Bangladesh, 47 DLR (AD) 108(17). Lawyers Involved:...... three witnesses while the contesting defendants also examined three witnesses and exhibited documents in support of their respective case. 5. The learned Subordinate Judge on consideration of the evidence before him was pleased by the impugned judgment dated 31-3-99 to decree the suit on contest..Category: Procedural Law | Date: | Hits: 81
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194....... Md. Abdul Aziz J Mahbubul Huq (Md)……………..Petitioner Vs. Md. A Kader Munshi & others ……….Opposite Parties Judgment August 10, 1999. Cases Referred To- Naeem Finance Limited & another Vs. Bashir Ahmed Rafique, Administrator, Muslim Insurance Co Ltd & ...... in Money Suit No. 5 of 1932 and Money Execution Case No.14 of 1933 were disclosed in the written statements filed on 23-7-86 in Title Suit No. 45 of 1984 and were produced in Court and admitted into evidence and marked as Exhibits. A and B during trial of the suit in 1986. So, the suit having been ..Category: Property Law | Date: | Hits: 64
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......d in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......no stay order of this Court he took up the matter and disposed of the same in view of the fact that the present petitioner was given ample opportunity to defend the case but they failed to adduce any evidence in support of their contention and thus by no stretch of imagination it can be said that by..Category: Intellectual Property Law | Date: | Hits: 181
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ...... Mafizul Hoq Bebu (Md)……….……………… Petitioner Vs. Majida Begum and others……………..Opposite Parties Judgment December 10, 2001. Lawyers Involved: Rokanuddin Mahmud, Advocate—For the Petitioner. Golam Arshed, Advocate—For the Opposite Parties. ......nd Mustafa Kamal along with the specimen signatures by fingerprint and handwriting experts stating that in the plaint the plaintiff stated that defendant’s deeds are forged and Mustafa Kamal in his evidence stated that he did not put his signature for identification of Mehera Khatun in those deeds..Category: Property Law | Date: | Hits: 28
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......ty to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......) of Ordinance No. LIV of 1985 a Court of Settlement shall, after such inquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adduce evidence, both oral or documentary, if any, make such decision on the prayer of the applicant as he ..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......pecial Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......fact that the seizure list witnesses did not support the prosecution case, the learned Special Tribunal was not at all justified in convicting and sentencing the accused appellant on the basis of the evidence of only police personnel and, as such, the impugned order of conviction and sentence is not..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ...... another…………………………………….Opposite Parties Judgment March 23, 1999. Cases Referred To- Safar Ali Miah and others Vs. Badsha @ Siddique and others 45 DLR 483; Manindra Nath Panal Vs. Ahmed and others, 1967 PLD (Dhaka) 621. Lawyers Involved: Garib Newaz, Ad......petitioner is not in possession of the suit property, the allegation of violation of the decree does not stand. The learned Assistant Judge further found that since the petitioner has not adduced any evidence for proving wilful violation of the decree of permanent injunction, the petitioner was not ..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......eedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......stant Attorney-General, on the other hand, submits that Police is empowered to hold further investigation in view of the provisions of section 173(3B) of the Code of Criminal Procedure and if further evidence is obtained during further investigation about involvement of some new persons, under provi..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......ry steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......persons and also under section 201 of the Penal Code against accused Sultan Bhuiyan appellant No.2 to stand trial to which the accused pleaded not guilty and claimed to be tried. On conclusion of the evidences the accused were examined under section 342 Cr.P.C. to which they pleaded innocence and de..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ...... Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ...... the paddy field. 35. PW 24 Dulal Miah stated that accused Moslem made foul statement to the police in respect of Salma. 36. Bishesh Adalat on overall evaluation, assessment and appreciation of evidences and materials on record found Moslem guilty of the charge levelled under section 6(2) of T..Category: Criminal Law | Date: | Hits: 82
.... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......ts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......mpugned judgment and wrongly placed importance to the handing over of the keys of the Akhra by Rekha Rani Devi wife, of the first party opposite party to receiver without giving any importance to the evidence of possession on record and, as such, the impugned judgment is liable to be set aside.
4..
Category: Criminal Law | Date: | Hits: 32
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......ce is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......t order the Deputy Commissioner of Taxes relied on an enquiry report submitted to him by the Income Tax Inspector without furnishing a copy of the same to the assessee applicant to produce sufficient evidences in rebuttal of the same and arbitrarily relied on the report without either giving any cha..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......d. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......A and RS records were right and correct and the defendants prayed for dismissal of the suit. 4. The learned Senior Assistant Judge framed necessary issues and disposed of the same by discussion of evidence on record. The learned Judge found that the hukumnama Exhibit 3 stands in the name of Firoz..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......d. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......defendants on 21-4-1969. By alleged purchase the plaintiff did not acquire title or possession in the suit land and prayed for dismissal of the suit. 5. The learned Assistant Judge considering the evidences both oral and documentary on record decreed the suit with cost. 6. Being dissatisfied w..Category: Property Law | Date: | Hits: 33
Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......s and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......ons Judge, Sunamganj, took up the case for trial and framed charge against the petitioner and other accuseds under section 302/34 of the Penal Code who pleaded not guilty and after depositions of the evidence of the prosecution witness, the petitioner and other accused persons were examined under se..Category: Criminal Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......tion is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......ere allotted to the saham of the plaintiffs causing inconvenience to the defendants. 3. The learned Assistant Judge on examination of the learned Advocate Commissioner in Court and considering the evidence on record rejected the objection and accepted the commissioner's report and made the decree..Category: Property Law | Date: | Hits: 31
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....m. Annapuma Ray) wherein, it has been held that "Medical certificate tendered in support of an application for the issue of a commission for the examination of a witness on the ground of illness is inadmissible in evidence being the worst form of hearsay evidence. The doctor himself should be call...... absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......n and the copy of the same was duly served on the learned Advocate of the contesting defendants. The learned Munsif after hearing allowed the prayer and appointed a commissioner for recording the evidence of the plaintiff on commission. It is also the case of the petitioner that with due notic..Category: Procedural Law | Date: | Hits: 95
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ...... under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......he look a look at the dacoits. At the T.I. parade she identified 5 dacoits. She came to know of the names of those five dacoits later on, but she does not remember their names at the time of giving evidence. At the T.I parade she also identified some articles and goods. In cross-examination she st..Category: Criminal Law | Date: | Hits: 49
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......ant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......ersons were falsely implicated in this case out of enmity and the informant himself committed murder of the deceased Shafizuddin Jamadder. 6. The learned Sessions Judge, however, considering the evidence on record convicted the appellant Ezahar Sepai under section 325 of the Penal Code but he..Category: Criminal Law | Date: | Hits: 93
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