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Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
.... for the business of the partnership, he cannot be said to have been guilty of criminal breach of trust even with respect to the dues realised by him from certain person by not depositing them in the bank as alleged by the prosecution." The Supreme Court, thus, had set the point at rest and......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......ee that the son of defendant No. 22 was produced in Court to give evidence that his father had died some 8 or 9 years ago. If date of death of a defendant is accepted without authentic evidence or documents, execution proceedings may be sought to be reopened long after execution of the decree. T..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....Anil. She was bleeding from her private parts and ultimately died on Wednesday 29 Kartik 1390 BS = 16.11.83. The accused then removed the dead body to a place to the north of their residence on the bank of a canal and hurriedly performed the cremation without informing the parents of the deceased......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......ere is no direction either to pay any sum to the Contractor. The Memo does not reveal that any arbitration proceeding was held, any witness was examined, any cross‑examination took place, any documents were exhibit or any hearing took place. He submits that the Memo. was purely an interR..Category: Others | Date: | Hits: 88
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......209;judicial stamp paper of Tk. 200.00 but on demi-papers, without any corroborating evidence from the deed writer DW 3 Jamshed Ali that there were dearth of stamp papers at the relevant Time, such documents can be created at any time according to one's own sweet will. On evidence the learned SC..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......i Miah had no business of his own at Rangoon. There is no satisfactory explanation on record as to why the consideration of kabala Ext. A (7) should pass through plaintiff No. 21. The fact that the documents of title of various schedules stand in the names of different brothers also suggest the p..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......for giving a chance to the plaintiffs to relay the suit land for ascertaining whether the same is covered by the land of the kabuliyats, Exts. 1 and 1 (a), and also to produce Wazibul Arz and other documents, if any. After remand plaintiffs took out a local investigation and filed the Wazibul Arz..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......erted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in question it is alleged, are forged and fabricated documents, executed illegally and collusively for the purpose of making illegal gain of the valuabl..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....the evening of that day three boys including the deceased. PW 11 Shajahan Bepari saw the deceased by with two other boys (one of whom was identified him in the TI parade as respondent Nowab) near The bank of the river Kumar at about 4‑00/4‑30 PM, PW 12 Sekandar Ali also saw the two older boys wh...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......scussion above answers the last question on which leave was granted. The High Court Division exceeded its jurisdiction under section 561A of the Code by recording erroneous findings on matters and documents touching upon questions of title to the grave prejudice of the appellant. It did not addr..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ...... 4 and 5 while supporting the impugned Government order and the decision of the High Court Division, contended that the alleged deed of exchange and power of attorney were all false and fraudulent documents as Proddyut Kumar Bose had all along been living in the then East Pakistan and then in Ba..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......mmel Hoq, learned advocate for the appellant, Bangladesh Railway, submitted that the courts below as also the learned judge of the High Court Division failed to appreciate correctly the two public documents Exts. B and C, proved by the defendants which conclusively prove that the suit land was a..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......w to object to their admissibility see Bhagat Ram vs. Khetu Ram. AIR 1929 PC 110. It was next urged that even if the reports in question are admissible we cannot look into the contents of those documents. This contention is again unacceptable. Once a document is properly admitted, the content..Category: Criminal Law | Date: | Hits: 49
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ...... have noticed Ext.3 and 3(a) which show that there was no arrear of rent for the period in question and further whether the High Court Division erred in observing that non-consideration of the said documents was not an illegality vitiating the relevant judgment. 8. It has been noticed that ther..Category: Property Law | Date: | Hits: 24
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... ors..................................Respondents Judgment January 27, 1986. Civil Appeal No. 82 of 1984 The State Acquisition and Tenancy Act (XXVIII of 1951), Section 96 Un-exhibited documents considered by the High Court Division did not materially affect result of the suit as beca..Category: Property Law | Date: | Hits: 29
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......eness on the part of the private complainants to harass their opponents and also to avoid confusion which is likely to arise on account of conflicts between findings of the Courts in which forged documents are produced or false evidence is led and the conclusions of the criminal Courts deali..Category: Criminal Law | Date: | Hits: 63
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......he suit land vested in the Government as a result of Government Gazette Notification No. 1524 dated 21st December 1957 and that the forest department is in possession of the suit land. Further, the documents of plaintiff-respondents are fraudulent, they having no right, title and interest in the s..Category: Property Law | Date: | Hits: 63
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ...... to prove that defendants No. 4 to 6 are the heirs of Samad Ali, that they failed to adduce any material evidence to show that Samad All's tenancy was ever continued, that the plaintiffs created some documents in collusion with defendants 2-6 taking advantage of the entry in the khatian Ext. 3 when ..Category: Property Law | Date: | Hits: 43
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ...... 4. The appellant contested the election petition by filing a written objection denying all the material allegations made by the respondent. 5. Several witnesses were examined on either side and documents proved in support of respective cases. During the pendency of the election petition as man..Category: Election Law | Date: | Hits: 106
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