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Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......etition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......emies. 6. The convict-petitioner was first defended by the state defense lawyer and thereafter a private lawyer in the trial Court. The learned Sessions Judge upon consideration of evidence on record as well as the facts and circumstances of the case found the convict-petitioner ..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......cording of evidence of the prosecution witnesses the petitioner was examined under section 342 of the Code of Criminal procedure wherein he pleaded innocence. On consideration of the evidence on record, the confessional statement and the facts and circumstances, the learned Additi..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......hout any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ......lea that the above order sheet and writ of delivery of possession were mealy paper transaction cannot stand. 13. Having given our anxious consideration to the facts and circumstances and the evidence on record we find that the High Court Division considered the matter in its proper prospec..Category: Procedural Law | Date: | Hits: 87
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
.... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ...... at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......nd while the police untied the packet then found their in arms. Prosecution in all examined 6 witnesses of whom P.W.1 and P.W.3 are the official witnesses. The Tribunal upon placing reliance on the evidence on record convicted and sentenced the appellant and another in the manner as stated herein..Category: Criminal Law | Date: | Hits: 41
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
.... In the background of the discussions made hereinabove we find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ...... find merit in the appeals. Accordingly the appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 264. ......hy;ment and order of the High Court Division the appellant alone has filed the appeal. 5. Leave was granted to consider the contention of the appellant that there was absolutely no evidence against him and it was also he contention of the appellant that accused Azizur Rahman repo..Category: Criminal Law | Date: | Hits: 49
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....gainst the well-settled principle of law that the plaintiffs must prove their own case and cannot succeed on the weakness, if any, of the case of the defendants, the High Court Division relying on inadmissible evidence held that the suit property is not an abandoned property as it was not includ......t aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......not relate to the suit property and no case has been made out about creation of the corporation holding in the plaint and as such impugned judgment suffers from misreading of material evidence and also based on conjecture and surmise. He further submits that High Court Division err..Category: Property Law | Date: | Hits: 29
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
.... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ...... There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......ecreeing the suit. 8. Leave was granted to consider the submissions that the lower appellate court as arrived at a clear finding as to the title of the plaintiff on consideration of the evidence, both oral and documentary, and also as arrived at a finding that defendant No.1 has no cl..Category: Property Law | Date: | Hits: 46
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ...... 1 ADC (2004) 217. ...... of the plaintiff petitioner. But on perusal of the judgment of the lower appellate Court find that the pearled appellate Court while reversing the finding of the trial Court has not reassessed the evidence of the parties to examine the findings recorded by the trial Court adequately and satis..Category: Procedural Law | Date: | Hits: 76
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......uted in favour of Abdur Rahman on 7.1.1993 for selling the land at a consideration of Tk. 65,000/- and Tk. 50,000/- was received as earnest money. Thereafter the trial court on consideration of the evidence on record both oral and documentary decreed the suit by judgment dated 30.3.1995. Th..Category: Property Law | Date: | Hits: 32
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ssed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ...... Manager, Thakurgaon Palli Bidyut Samity was required to obtain prior approval both of the Samity Board and the Rural Electrification Board." 5. The Respondents have failed to show any evidence that such approval was obtained from Thakurgaon Palli Bidyut Samity and the Rural Electrif..Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......t at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......sed implicating the accused in the case in his statement under section 342 of the Code of Criminal Procedure. 4. On perusal of the judgment of the Sessions Case it appears that the only evidence against the accused petitioner as under: "On a perusal of the judi..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......h costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......e whom the materials were placed by both he parties and when he declined to continue with the proceeding Mr. Md. Moksudur Rahman was appointed and before whom also records were placed and the evidence led and he managed to complete the proceeding with in three months. There is a..Category: Civil Law | Date: | Hits: 89
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....is not a proper judgment of reversal and hence can not be maintained in law and that the High Court Division failed to notice that the trial court passed the decision on conjecture and surmise and inadmissible evidence relating to 3 tax receipts. 3. We have heard Mr. Md. Amir Hossain, lea......dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......t correctly held that 3 tax receipts alleged to have been granted by the plaintiff opposite party Respondents intending to prove that the Defendant petitioner was not sick, were not proved in evidence and that the contention of the petitioners that clerk Ibrahim of the engaged advocate of t..Category: Procedural Law | Date: | Hits: 84
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ...........Appellants Vs. Khandakar Mosharraf Hossian & Ors .......Respondents Judgment January 20, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Ahsanullah Patwary, Adv......d 21.1.1981 was entitled to the pre-empt case land inasmuch as the issuance of the notice dated 21.1.1981 having the presumption that the official has been done regularly in the absence of any evidence to the contrary carry a presumption of regularity to hold that the notice was issued on 2..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ...... for causing grievous hurt is not maintainable in as much as the ingredient mentioned in section 320 of the Penal Code is singularly absent in the present case. He submits that there is no evidence that the injured persons were prevented from pursuing their normal avocations for ov..Category: Criminal Law | Date: | Hits: 78
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......7 of 2000 praying for releasing the victim girl to his custody which was rejected by the learned Sessions Judge by his order dated 1.11.2000 holding that the final decision will be taken after taking evidence. The petitioner thereafter challenging the order of detention of the victim detenue mov..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ......d. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A When a conviction and sentence is passed against a particular accused by the Special Tribunal upon consideration of the evidence on record and if no appeal could be preferred within the prescribed periodical being 30 day..Category: Criminal Law | Date: | Hits: 47
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......n G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......st shows that the entire stock of bricks purchased by the informant was intact and not a single piece of brick was removed from the place of occurrence, that there is absolutely nothing in the evidence on record that on November 2, 1990 the appellants removed any piece of brick from the sta..Category: Criminal Law | Date: | Hits: 34
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ...... of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ...... “Nawab Ali, the learned Advocate-on-Record, appearing on behalf of the appellant submits that while the High Court Division decided the case on merit though actually there was no evidence adduced as yet. The learned Advocate-on-Record submits that the quashment was ordered mer..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......ved and dissatisfied thereby, the accused-respondents preferred aforementioned appeals before the High Court Division and the learned Judges of the High Court Division in consideration of the evidence on record as well as hearing the parties through their engaged lawyers found that the..Category: Criminal Law | Date: | Hits: 36
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