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Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....r of occurrence as alleged by the prosecution by cogent, reliable and sufficient evidence and as such the impugned judgment and order of conviction and sentence cannot be sustained in law and also on facts. Thereafter, it is contended on behalf of the appellants that their conviction has been based ...... This Case is also Reported in: 43 DLR (1991) 573. ......ther matters and for that he has falsely implicated them in this case including accused Abdul Hye who was a member of the Union Parishad. The learned Additional Sessions Judge in consideration of the evidence on record found the appellants guilty under sections 460/302/34 of the Penal Code and convi..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....n this suit in the absence of the sketch map and without examining the Commissioner. He cited the decision in the case of Sundar Vs. Hiru and others, 1936 Lah 138 in support of his contention. In the facts and circumstances of the present case the principle laid down in Sundar's case has little appl......r Chowdhury....................... Petitioner Vs. Sayedul Hoque & others................ …………Opposite Parties. Judgment May 30, 1990. Cases Referred to- Sundar Vs. Hiru and others, 1936 Lah 138; Salyendra Kishore Roy Vs. Ramendra Kishore Roy, 7 BCR 227 (AD); Hazi Nurul......earned Assistant Judge and decreed the suit. 6. Mr. Ruhul Amin‑II, the learned Advocate appearing in support of the Rule submits that the learned District Judge wrongly relying upon inadmissible evidence, Ext. 7, the written statement filed by the Government in Title Suit No. 63 of 1976 found t..Category: Property Law | Date: | Hits: 72
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......i & others................................Appellants Vs. The State..........................................Respondent. Judgment January 31, 1990. Case Referred to- Abdul Hamid and another Vs. The State, 40 DLR 477. Lawyers Involved: Shaukal Ali Khan with Gour Gopal Shah......osecution to secure arrest of the owner of the truck and of the goods support the defence case that PW 1 allowed the real culprits to escape and the appellants were made scape goats without any legal evidence in order to save his service. Mr. Khan further urges that there are material contradictions..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....appulal Vs, Thakurji Shriji Dawarkadheeshji and another relevant paragraphs 6 & 7. In the decision reported in 27 DLR at page 413 it has been observed as follows: "In determination of questions of facts the parties should not be allowed to lead evidence without proper pleadings. It is no longer a......sion (Civil Appellate Jurisdiction) Present: Muhammad Ansar Ali J Bangladesh...............................................................Appellant Vs. Dewan Obaidur Reza Chowdhury and Others.................Respondents. Judgment November 29, 1990. Cases Referred to- ......d to reclaim the same; that one Narendra instituted a criminal case against him on false allegations of cutting away paddy but subsequently the complainant withdrew the same for non‑availability of evidence; that there is a gopat to the west of the disputed lands and the said Narendra brought anot..Category: Property Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
.... and as such a suit under section 6 of the Act is incompetent. I find substance in above contention of Mr. Hafizullah. Considering the provisions of law as contained in section 6 itself together with facts of the case, I hold that the present suit before the Admiralty Court is not maintainable. 1......igh Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Sadharan Bima Corporation.....................................Plaintiff Vs. Bangladesh Shipping Corporation and others.............Defendants. Judgment May 27, 1990. Cases Referred to- Al‑Sayer......interests of the parties in any manner whatsoever and the Court will be at liberty to decide the matter independently in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 548...Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....urt of appeal below without considering the pleadings in their proper perspective and without discussing and considering the evidences on record and without setting aside specifically the findings of facts arrived at by the trial Court jumped to the conclusion that the plaintiff is not entitled to m......nal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Hosne Ara Begum.........................................Petitioner Vs. Alhaj Md. Rezaul Karim and others ................Opposite Party. Judgment August 13, 1990. Cases Referred to- ......w was justified in setting aside the judgment and decrees of the Family Court and in remanding the two suits to the Family Court for retrial. The Family Court on consideration of the pleadings and evidence on record came to the conclusions that the plaintiff petitioner was compelled to do domesti..Category: Family Law | Date: | Hits: 210
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....y as suggested by Mr. Karmaker. He has also invited my attention to several decisions in support of his contentions. 4. To answer the points mooted at the bar it is necessary to state the relevant facts of the case. The opposite parties and the petitioner who are full brothers instituted Title Su...... ......ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ..Category: Procedural Law | Date: | Hits: 81
.... The statements made in the affidavit‑in‑opposition of 28.7.90 are the actual and correct pleadings of the Government. The earlier affidavit‑in‑opposition of 19.7.90 was made on some mistaken facts and oversight. However, this supplementary affidavit dated 28.7.90 is accepted for considerati......o costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
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Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
.... the charge‑sheet. Therefore the Special Tribunal is not bound by the report of the police. It may have a different view on the report whether charge‑sheet or final report in consideration of the facts of the case and may either accept the report or reject the same and direct further investigati......(SC) 69; 15 DLR (SC) 150; 28 DLR (SC) 38. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Md. Hefzu Bari, Advocate ‑ For the Petitioner. Jamiruddin Sircar with Asaduzzaman and Mir Hashmat Ali, Advocates ‑ For the Opposite Party. Criminal Revision No. 71 of 1990. J......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529...Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......IR 1936 (Sind) 99; AIR 1941 Cal. 401 (404); 35 DLR 217; PLD 1969 Dhaka 930. Lawyers Involved: Nurullah with AQM Shafiullah, Advocates ‑ For the Petitioner. Meah Abdul Gafur with MA Mannan and Abbasuddin Ahmed, Advocates ‑For the Opposite Parties. Civil Revision No. 401 of 1986. J......er 7 rule 11 (d) is relatable to the statements made in the plaint and not otherwise, whereas the plea of res judicata taken otherwise as a contested issue has to be considered on the totality of the evidence and other materials on record at the final hearing of the suit. In the instant case there h..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....Ahmed, the learned Advocate, first submits that the judgment of the Court of Appeal below is not a proper judgment of reversal inasmuch as the learned District Judge did not consider all the material facts and circumstances of the case and the evidence taken into consideration by the Election Tribun...... (1991) 523. ...... District Judge, Comilla against the decision of the Election Tribunal. During the pendency of the appeal the learned District Judge, upon a prayer made by opposite party No. 1, allowed an additional evidence to be introduced in the case to show that the petitioner was a defaulter with respect to a ..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....sioner, Narsingdi to show cause as to why the judgment and order dated 20.6.1987 passed by the learned Sessions Judge, Narsingdi in Sessions Case No. 34 of 1987 should not be quashed. 2. The short facts leading to the Rule are as follows: One Abdur Rahman lodged an FIR at Raipura Police Statio...... Ed. This Case is also Reported in: 43 DLR (1991) 519.......ation in respect of an offence after a report under sub‑section(1) has been forwarded to the Magistrate and whereupon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regard..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....o property being owned by defendant No. 2 is sufficient for alleging mala fides on the part of the defendants. 10. In the said decision reported in 28 DLR 231 a Division Bench of this Court in the facts of that case which was filed by an agent against his foreign principal observed as follows: ......dgement, here. Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- M/s. United Ve......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....onsideration. It is further submitted that before recording the confessional statement concerned magistrate omitted to mention to the confessioner i.e. the condemned prisoner that irrespective of the facts if he confessed or not, he would not be handed back to the police custody and that he would be......ia @ Shahajahan ............................Appellant Vs. The State......................................................Respondent. Judgment March 6, 1990. Case Referred to- Waris and others Vs. The State, 1982 Pak. Crl. Law Journal 720. Lawyers Involved: Md. Moazzem Hossai......corting constable under seal cover. Opinion. Death in my opinion, was due to shock and haemorrhage due to bullet injuries which were ante‑mortem and homicidal in nature." 6. Apart from the evidence of doctor referred above evidence of other PWs have proved beyond doubt that victim Kaoser ..Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
.... homestead was one from which the raiyat might, if necessary, carry on agricultural operation in his raiyati holding, if and when the occasion arose." The fact of the case is distinguishable from the facts of the present case. There the lease of the shop was taken for the purpose of business. In vie...............................................Petitioner Vs. Abdur Rahman Dewan & others........................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1945 Cal 50; M/s Lutfun Nahar Vs. Syeeda H......and others Vs. Zahiruddin Kari and others, 30 DLR (SC) 81 wherein it has been held that according to section 103B of the Bengal Tenancy Act every entry in a record of right finally published shall be evidence of the matter referred to in such entry and shall be presumed to be correct until it is pro..Category: Property Law | Date: | Hits: 95
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....ainst them by the relevant invigilators that, they had not been in the examination hall or that they had adopted any unfair means in submitting their answer scripts, which is further fortified by the facts that the relevant invigilators signed the respective answer scripts. Thus, the learned Advocat...............Petitioners (In Writ Petition No. 793 of 1990) 2. Md. Abdul Raquib & others....................................Petitioners (In Writ Petition No. 794 of 1990) 3. Md. Nuruzzaman Khan and 7 others.......................Petitioners (In Writ Petition No. 801 of 1990) Vs. The Synd......levant answer scripts they had no occasion to receive any written answer script from outside and to submit the same the petitioner may raise such question in suits and to prove such facts by adducing evidence therefor in according with the rules of evidence before an appropriate forum, but it is not..Category: Others | Date: | Hits: 112
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Abdul Majid.....................................................Petitioner Vs. Akhil Chandra Sengupta and others....................Opposite Parties. Judgment January 28, 1991. L......hat the petitioner is not owner of contiguous plot No. 460 inasmuch as the Court itself had found that plot No. 459 and 460 are contiguous to each other on the basis of the mouza map. This finding on evidence is perverse and requires to be aside, So, I set aside the same. The Court below rightly fou..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....e circumstances are such that it is not proper in the public interest to disclose them. There is a provision in law with respect to it and the Government is empowered to refuse the disclosure of such facts but with respect to facts to the disclosure of which there is no objection, there should be as......ndu Bikash Roy Chowdhury J Naimuddin Ahmed J Farzana Huq.........................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Respondents. Judgment April 3, 1990. Cases Referred to- Golam Hossain al......ations against him as are necessary for enabling him to defend himself. According to the Criminal Procedure Code the attention of the accused has to be drawn to all the circumstances appearing in the evidence against him. If to some material circumstances his attention is not drawn that circumstance..Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....allowing revision against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) of Court Fees Act upon an application filed by the defendant. 2. The facts necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 19......eme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Ahmed Kabir..........................................Petitioner Vs. Haji Mazahar Ahmed and others...............Opposite Parties. Judgment July 25, 1990. Cases Referred to- K......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....nt Nos. 5 and 6 vide deed Ext. A and that the plaintiff has had no possession in the suit property, hence her name was not recorded in the khatians. It was further contended that in view of all these facts, the suit was liable to be dismissed with costs. 4. The plaintiff examined in all 9 PWs and......peditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......nd has she been in possession of any portion of the suit property, if so, to what extent? 3. To what relief (s), if any, is the plaintiff entitled. 6. The learned Munsif on consideration of the evidence on record decided issue No. 1 in favour of the contesting defendants and against the plaint..Category: Property Law | Date: | Hits: 71
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