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Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....sp; ATM Afzal.- The appellant is an accused in a proceeding under sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)...... 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. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....uilty on circumstantial evidence unless the circumstances established against him are such that no reasonable hypothesis other than that of his guilt can be built upon them." 5. The learned Chief Justice sitting in the Supreme Court in later years considered a case, that of Shamsuddin Sark......on circumstantial evidence unless the circumstances established against him are such that no reasonable hypothesis other than that of his guilt can be built upon them." 5. The learned Chief Justice sitting in the Supreme Court in later years considered a case, that of Shamsuddin Sarkar, Ap..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... the judgment and order dated 25.6.88 passed by the Metropolitan Magistrate, Dhaka in P Case No. 383 of 1987 under section 561A of the Code. 2. Claiming by a petition dated 1.9.87 before the Chief Metropolitan Magistrate, Dhaka, that the case land, namely, more or less two bighas of land u...... 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. ..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
.... genuineness of the deed of exchange (Annexure C) and denying the execution thereof. It was stated that on consideration of the petition dated 9.12.94 filed by respondent No. 4 to the President and Chief Martial Law Administrator and the petition filed by the appellants on 10. 10.84, the responde......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. ..Category: Property Law | Date: | Hits: 36
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... aspect as has been found by the Trial Court. I must state here the correct interpretation of law in respect to a prosecution case and defence plea of 'alibi' as has been laid down by Gajendragadkar, Chief Justice in AIR 1966 SC 97 which runs as follows: “It will be recalled that it was wit......t as has been found by the Trial Court. I must state here the correct interpretation of law in respect to a prosecution case and defence plea of 'alibi' as has been laid down by Gajendragadkar, Chief Justice in AIR 1966 SC 97 which runs as follows: “It will be recalled that it was with a vi..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
.... degrees of misappreciation, from the very grossest form, exhibiting perversity to the mere ignoring of certain side-aspects arising out of a piece of evidence. We respectfully agree with the learned Chief Justice when he says that "for the correct exercise of the reversionary power in such cases,......es of misappreciation, from the very grossest form, exhibiting perversity to the mere ignoring of certain side-aspects arising out of a piece of evidence. We respectfully agree with the learned Chief Justice when he says that "for the correct exercise of the reversionary power in such cases,, and ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ersal of the finding and the appellate court cannot usurp this power by regarding such reversal as mere alteration of the finding. 18. On the facts of the case before their Lordships the learned Chief Justice observed : “I find it impossible to hold that if six of the convicts in this case ha......of the finding and the appellate court cannot usurp this power by regarding such reversal as mere alteration of the finding. 18. On the facts of the case before their Lordships the learned Chief Justice observed : “I find it impossible to hold that if six of the convicts in this case had not ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..Category: Criminal Law | Date: | Hits: 48
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......t represented— For the Respondent Nos. 3-9 Civil Appeal No 18 of 1986. Judgment: Fazle Munim CJ:-This appeal arises from a judgment of a Bench of the High Court Division at Dhaka (Mr. Justice Sultan Hossain Khan and Mr. Justice Aminur-Rahman Khan) passed in Writ Petition No. 365 of 1..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......Nos. 1 & 2. Civil Appeal No. 104 of 1984. Judgment: Fazle Munim CJ. - This appeal arises from Civil Order No. 177 of 1984 disposed of by a Bench of the High Court Division, Barisal (Mr. Justice M.H. Rahman and Mr. Justice Syed Misbahuddin Hossain) on 2nd September 1984. 2. Appellant..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....sions Judge has got power to direct the Magistrate to send the case to him so that he can try the case as a Court of Session. 6. The Sessions Judge and, for that purpose, the District Magistrate, Chief Metropolitan Magistrate and the High Court Division, got power under section 435 Cr. P.C. to......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
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 ......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 ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....t interfere with their findings where it is satisfied that they are reasonable and were not arrived at by the disregard of any accepted principle regarding appreciation of the evidence. The learned Chief Justice then sounded a note of caution "the mere fact that this Court might have taken a diffe......rfere with their findings where it is satisfied that they are reasonable and were not arrived at by the disregard of any accepted principle regarding appreciation of the evidence. The learned Chief Justice then sounded a note of caution "the mere fact that this Court might have taken a different v..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ......ue, Advocate-on-Record, For respondent No. 5. Civil Appeal No. 92 of 1985. Judgment: Fazle Munim CJ. - This appeal arises from the order of a Bench of the High Courts Division, Dhaka (Mr. Justice Abdul Matin Khan Chowdhury and Mr. Justice Latifur Rahman) passed in Writ-Petition No. 307 o..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
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. ......ourt Division, Dhaka in First Appeal No. 22 of 1970.) Judgment Fazle Munim CJ.- This appeal arises from a judgment of the High Court Division, Dhaka passed in First Appeal No.22 of 1970 (Mr. Justice Abdul Wadud Chowdhury and Mr. Justice MH Rahman) on 3rd May 1983. 2. Plaintiff-respondent..Category: Property Law | Date: | Hits: 63
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