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Siddik Ali Vs. State, 1987, 16 CLC (HCD)
....tion and sentence passed on the appellant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ......set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ...... in the case out of enmity. Before the learned Additional Sessions Judge, the prosecutions examined 12 witnesses and the defence examined none and after considering the facts, circumstances and evidence on record the learned Additional Sessions Judge, convicted the appellant under section 302 ..Category: Criminal Law | Date: | Hits: 30
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......oner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......t be killed by some unknown assailants and the accused have been falsely implicated in the case out of previous enmity and grudge. 6. The learned Additional Sessions Judge on appreciation of the evidence on record and hearing the parties was pleased to find accused Badsha Mollah guilty under se..Category: Criminal Law | Date: | Hits: 42
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......itioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7....... took place and that he was implicated hi the case falsely at the instance of the employees of the informant and the prosecution witnesses. 4. The learned Magistrate, however, on appraisal of the evidence on record and on consideration of the facts and circumstances of the case found the accused..Category: Criminal Law | Date: | Hits: 26
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ...... examined no one. From the trend of cross examination it appears that the petitioner totally denied the transaction as alleged by the complainant. The learned Magistrate, however, on consideration of evidence on record found the petitioner guilty and sentenced him to suffer rigorous imprisonment for..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......m the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......it and received injuries which caused her death and that the appellant was falsely implicated in the case by the local Chairman with the help of his Chowkider out of enmity. 5. At the close of the evidence the appellant was examined under section 342 Cr.P.C. with reference to the evidence and c..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......lute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......e has been taken. He has argued that if it is found, however, that an offence of criminal breach of trust is not made out, the Court can frame a proper charge for any offence as may be disclosed upon evidence to be adduced at the trial. The learned Advocate has submitted that the facts alleged again..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......he Calcutta High Court) which runs as follows :- "2A. Notwithstanding anything contained in clauses (1) and (2) of rule 2, the court may for sufficient reasons go on with the hearing, although the evidence of the party having the right to begin has not been concluded, and may also allow either pa..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......s I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26....... into consideration by the trial Court and in consideration thereof found that the impugned kabala was with consideration and not a sham deed. It is further submitted by him that when there is direct evidence as to the passing of the consideration money under the kabala and the transferee has the cu..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......10, 1986. Lawyers Involved: Abdus Sattar Howlader - For the appellant. Fakhrul Islam, Assistant Attorney General - For the Respondent. Second Appeal No. 855 of 1966 Appeal preferred against the Judgement and decree dated 18.2.1965 and 27.2.65 passed by Additional District Judge 3rd Co......Revenue under Memo No.3191/A.E. dated 3.10.61 liable to be declared full and void? 5. What relief, if any, is the plaintiff entitled to? 5. The learned Subordinate Judge on consideration of the evidence on record decreed the suit holding that the plaintiff had title in the land in dispute and ..Category: Property Law | Date: | Hits: 36
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ...... Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......Order 9, rule 13 itself as to why he was delayed in filing the miscellaneous case within the period of limitation of 30 days from the date of passing of the ex parte decree. It is also clear from the evidence on record that the appellant has examined himself as P.W.1 and his learned Advocate Mr. Sye..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......…………………………………….OppParties. Judgment August 3, 1987. Lawyers Involved: Syed Ishtiaq Ahmed with Ozair Farooq, Advocates - For the Petitioner. Dr. Kamal Hossain with Kazi Shahabuddin Ahmed and Salahuddin Ahmed, Advocates - For the Opposite Party. Civil Re...... 31.8.83 and from that date to 15.9.83. In the meantime, the managing director of the plaintiff-company was examined as P.W.1 on commission. On 14.9.83 the Pleader Commissioner who took down the said evidence on commission submitted his report. On 15.9.83 upon the petitioner's prayer the exhibits/ d..Category: Civil Law | Date: | Hits: 83
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......ower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......case is that defendant No.3 disregarding the instructions issued on behalf of the plaintiff by defendant No.1 retained the aforesaid Dollars. 5. The contesting parties adduced oral and documentary evidence before the trial Court and the Adalat thereafter on consideration of the evidence on record..Category: Banking Law | Date: | Hits: 136
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......shir Ahmed and others………………Petitioners Vs. Ayub Ali Mollah………………………………Opposite Party Judgment February 25, 1998. Case Referred To- Ramijan Ali Ministry Vs. Md. Hedayetullah 31 DLR (AD) 183. Lawyers Involved: Md. Fazlul Karim, Advocate—......ot aware of the transfer of the suit property in favour of the plaintiff and that since the defendant deposited rent in the HR Case No. 5 of 1993 he was not a defaulter. 4. On consideration of the evidence on record the trial Court found that there was no bona fide requirement of the suit propert..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......itioners Vs. Hosne Ara Lili…………..Opposite Party Judgment March 16, 2001. Lawyers Involved: Shafique Ahmed with Shahidul Islam, Advocates- For the Petitioners. Jamiruddin Sircar with Bazlul Ghani, Advocates- For the Opposite Party. Civil Revision No. 3630 of 1998. ......ding that the defendants dispossessed the plaintiff. He also submits that the trial Court erred in law in decreeing the suit in the absence of any finding on the date of dispossession. In view of the evidence of defendant No.2 as DW 2, the plaintiff sold away all her movables and left the shop volun..Category: Civil Law | Date: | Hits: 82
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......ge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......to the said Metropolitan Additional Sessions Judge, 1st Court, Dhaka, and accordingly on receipt of the record the Metropolitan Additional Sessions Judge framed charge on 21-1-2008 and fixed date for evidence and thereafter on 2-4-2008 the Additional Public Prosecutor filed an application before the..Category: Criminal Law | Date: | Hits: 34
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......wscaster of BTV. She is an accomplished lady. She attended the General Session of the United Nations as a member of the Bangladesh Delegation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabja......ion of an opinion on a question of law, for a court even when dealing with a question of fact is expected not to be influenced by facts which may have come to its knowledge otherwise than from the evidence adduced in the case. Therefore, if an expression of opinion on a question of fact pending ..Category: Criminal Law | Date: | Hits: 130
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......is also Reported in: 53 DLR (2001) 381. ...... maintainable in the admiralty jurisdiction? If so, to what extent the defendants are entitled to a decree/relief, if any.” 5. The plaintiff has examined 2 witnesses and also adduced documentary evidence to prove the claim. The defendants examined Md. Hadis as the only witness and also adduced ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......CD) (2000) 5.......dents against the appeal under rule 16, the learned Subordinate Judge may allow them to file the submissions in writing in summing up their arguments. But such written submission must be based on the evidence and materials already on record. 9. On the other hand, what should be the contents of a ..Category: Procedural Law | Date: | Hits: 66
....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365.......n)
Present:
Md. Abdus Salam J
Government of the People’s Republic of Bangladesh and others………Defendant-Appellant-Petitioners
Vs.
Md. Jahangir Ali and Another…………….Plaintiff-Respondent-Opposite Party
Judgment
May 27, 2001.
Cases Referred To-
Bangladesh...... in favour of the plaintiff opposite party with certain adverse remarks against the authority concerned for playing foul in the matter with a motive. The learned District Judge, Kungram discussed the evidence in full and the law points involved therein and delivered a lengthy judgment affirming the ..
Category: Procedural Law | Date: | Hits: 88
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......ase is also Reported in: 53 DLR (2001) 368.......ted by them within Khulna Pourashava during the period from 1-10-1977 to 30-6-1980 and how much octroi plaintiffs are entitled to. 3. The learned Subordinate Judge, Third Court, Dhaka after taking evidences of both the parties decreed the suit on 8-10-1992 against the principal defendants and in ..Category: Fiscal/Taxation Law | Date: | Hits: 91
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