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Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......om the possession and custody of the convicted-appellants and whether prosecution has been able to establish the charge against the appellant beyond shadow of doubt. 6. On consideration of the evidence and materials on record, the learned Judge of the Special Tribunal convicted and sentenced ..Category: Criminal Law | Date: | Hits: 84
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......ny other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ...... of the examination of the prosecution witnesses, the accused person was examined under section 342 of the Code of Criminal Procedure to which he pleaded his innocence. The defence did not adduce any evidence on his behalf. 9. The defence case, as could be gathered from the trend of cross examina..Category: Criminal Law | Date: | Hits: 38
....ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......ssed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447....... in Court that the sale figure of 103 sale deeds which were collected from the office of the Sub-Registrar signed by the Sub-Registrar and said statement of the sale figures having been admitted into evidence without any objection and having been marked as Exhibit 'Ka' and no suggestion having been ..
Category: Property Law | Date: | Hits: 37
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......o order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......reported in 83 ITR 223 and 448 and 24 ITR 362 in support of his contention wherein it has been held that the assessee may raise a point of law before the Tribunal for the first time provided no fresh evidence is required to decide the issue. It appears from Annexure ‘A’ the income tax return of ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Mainuddin Vs. State, 2010, 39 CLC (AD)
....in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259......sions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259...... High Court Division upon a superficial consideration of the materials on record maintained the impugned order. He lastly submits that the material on record will prove that there is totally no legal evidence in support of the charge against the petitioner and as such, the learned Judges of the High..Category: Criminal Law | Date: | Hits: 24
Abu Taher and others Vs. State, 2009, 38 CLC (AD)
....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......deration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......on 12.05.1996 against the accused under Section 302/34 of the Penal Code. 4. The prosecution adduced as many as 17 witnesses in support of its case and defence examined none. After closing of the evidence the accused were examined under Section 342 of the Code of Criminal Procedure when they aga..Category: Criminal Law | Date: | Hits: 31
Md. Khayruddin Vs. State, 2009, 38 CLC (AD)
.... petitioner. Preparation of the paper-book is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC(2010) 1018. ...... is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC(2010) 1018. ...... and Orders passed by the High Court Division and the Trial Court. 5. The submissions of the learned Advocate have got substance, as such, leave is granted on the following point: Whether the evidence of PW.6 and P.W. 7 proves the allegation of recovery of arms from the petitioner. Prepar..Category: Criminal Law | Date: | Hits: 41
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ecord. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......-landlords vested in the Government, and accordingly it was recorded in the khas Khatian of the Government and that the Kabuliyats were forged documents. 4. The Trial Court on consideration of the evidence on record dismissed the suit by its judgment and decree dated 2nd January, 2001. Being aggr..Category: Property Law | Date: | Hits: 27
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ...... dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ......ision at the time of disposal of the appeal ought to have taken into consideration that the trial Court at time of disposal of the suit ought to have taken into consideration the oral and documentary evidences as adduced by the D.W.’s at time of trial and upon proper consideration and appreciation..Category: Property Law | Date: | Hits: 29
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......ed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......wler is granted by the government to operate fishing vessel in the deep water and that since the appellant purchased the trawler in question from BSRS, the certificate of purchase shall be conclusive evidence of ownership of the trawler in question and in that view of the matter, the cancellation of..Category: Property Law | Date: | Hits: 34
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......ed: Mujibur Rahman, Advocate—For the Petitioners. Not represented— the Opposite Parties. Civil Revision No. 4195 of 1999. Judgment Mohammad Abdur Rashid J.- The above Rule was obtained by third party upon making a revision application under section 115(1) of the Code of Civil Pro......heir purchase would therefore take effect, if any, subject to such mortgage. The petitioners also failed to prove that they were bona fide purchasers for valuable consideration. We could not find any evidence of their bona fide in the purchase. The execution Court also does not appear to be wrong in..Category: Property Law | Date: | Hits: 27
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ...... if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......e whole trial has been vitiated. In this connection he referred to some decisions which we will discuss later on. 10. The next submission of the learned Advocate for the appellant is that from the evidence on record it can be safely concluded that the prosecution was not able to prove its case be..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......thout any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ...... by the official of the record room in the relevant volume before the Court of Settlement but the Court of Settlement having been influenced by extraneous consideration, did not consider this vital evidence on record including the assessment roll for the year 1967-68 and other documents and found ..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......ellants that— "The lower appellate Court having considered the plea of defendant No.3 about the kabala dated 18-2-1918 and its alleged destruction and having found that it was clear from the evidence that on 18-2-1918 Asma Bibi had not acquired 17 gandas of land as her brother Afsaruddin wa..Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ...... of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......Thereafter the case record was transmitted to the learned Nari-o-Shishu-Nirjatan 1st Court, Narayanganj, who held the trial in absentia and being satisfied with the relevant papers, documents and the evidence of PWs, convicted and sentenced the convict petitioner as aforesaid on 10-2-98. 4. The c..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......hat suit defendant No. 19 Oziullah contested the suit by filing written statement denying all the material allegations contained in the plaint. 4. The learned Assistant Judge, upon considering the evidences decreed the suit on contest against the defendant No19 and ex parte against the rest. 5..Category: Property Law | Date: | Hits: 44
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......nt and decree passed on 24.05.1998 in Title Suit No.51 of 1997, exhibits 12 and 'Kha' respectively can be declared as void with reference to facts subsequent to exhibit-4 ignoring the validity of the evidence and facts in the aforesaid suit as stated by the defendant No.1 while obtaining the aforesa..Category: Property Law | Date: | Hits: 39
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......gly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. .......2 and 3 asserting that the order of dismissal was passed after following the procedures prescribed by the law and that the same was not a mala fide one. The Labour Court, on due consideration of the evidence and the materials adduced by the respective parties, found that the enquiry held against th..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....urse of investigation to the police and the alleged G.D. entry not being on record, and the police started investigation on the basis of Ext. 1 the contention of the learned Advocate that Ext.1 was inadmissible in evidence and the learned sessions judge wrongly admitted it in evidence has got no......iberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......e persons of deceased Kanchan and seizure list 3(e) shows that a white Ganjee with fresh blood was seized from the hut of Sadek Ahmed at 09.30 hours on 3.10.76. 19. We have discussed in detail the evidence in order to see whether on the face of these evidences benefit of doubt can be given to the..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......afa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......n Act the Court is required only to consider whether the will is duly executed and it is not the concern of the Court to decide whether the testator had title to the property. On consideration of evidence if it is found that the will is genuine and duly executed, the Court cannot refuse to gra..Category: Property Law | Date: | Hits: 54
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