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Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......smissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......deciÂsion and accorded its approval to the proposed change, though the approval came after the election was over. In such circumstances, the approval may be safely taken as due approval. There is no evidence that by this change of polling stations voters were misled or they failed to cast their vot..Category: Election Law | Date: | Hits: 163
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on corÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......rÂrect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......did not take the plea of inadvertence during trial, in signing the documents, causing the offence. The accused while examined under section 342 of Cr.P.C, all the incriminating facts appearing in the evidence were put to him but no plea of inadvertence taken. So, the court was justified in rejecting..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......rder of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......by the impugned judgment and order dated 15 February 1988 accepted the reference and dismissed the appeal. 8. It may be observed that the defence case as noticed above was disbelieved but upon the evidence of the P.Ws themselves it was proved that the appelÂlant and the informant were cousins (à..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......d without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......f by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......ain of Tofazzal Trading at the instance of the interested Bank Officials. 5. At the trial 8 witnesses were examined by the prosecution and a number of documents proved. Upon a consideration of the evidence on record and the circumstances of the case, the learned Special Judge convicted and senten..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......he High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......g with profit at the rate of 3%, within six months, but on the expiry of this period the amount was not repaid in spite of repeated takids. The transaction of loan was denied by the appellant, but on evidence the trial Court decreed the suit for this amount along with interest. The decree has been c..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......ent of title was uncalled for in a suit for partition where the plaintiff’s claim of title is to be looked into incidentally. If the precise title to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of gr..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......ntesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......ing the real dispute as to title", that the question of custody of the original document with plaintiff No.2 "does not help me very much in determining the real title" since from the evidence on record it is seen that P.W.2's position in the house of Izzatullah Chowdhury "was ..Category: Property Law | Date: | Hits: 67
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......of the Code of Criminal Procedure in a lump and further nowhere in the deposition it has been stated that the accused respondent caused the injury for the non-payment of dowry and the incriminating evidence of the P.Ws. has not been drawn to his notice which shows that the accused respondent was..Category: Procedural Law | Date: | Hits: 100
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ...... find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......han, learned Additional Attorney General submits, inter alia, that the High Court Division committed error in acquitting the accused respondent of the charge leveled against him disregarding cogent evidence on the basis of which the trial Court passed the order of conviction. 5. He further..Category: Criminal Law | Date: | Hits: 34
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......irst Information Report we are unable to agree with the learned Counsel that the allegations do not constitute any penal offence against the accused petitioner. The trial Court after recording evidence shall be at liberty to come to a conclusion as to innocence or otherwise of the accus..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......rd we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......an Bishesh Adalat the said court took cognizance and the trial of the case started. The prosecution already examined one witness and the Tribunal summoned other witnesses' for recording their evidence. 3. The Petitioner filed application for bail before the Tribunal on 14.10.2002 whi..Category: Criminal Law | Date: | Hits: 41
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......llant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......ellant that the suit building has been released in his favour from 26-11-81 requiring the appellant to make payment of rent not to the Abandoned Property Cell but to the plaintiff. There is also no evidence on record that before 17-2-82 any official communication was addressed to the appella..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......4. The trial Court decreed the suit on the findings that the suit is not barred by limitaÂtion and the same is maintainable, that the plaintiffs have proved the Amalnama and the rent receipts by the evidence of P.W.4, that Ext. 3 (certified copy of the kabuliyat) lends support to the plaintiffs' cl..Category: Property Law | Date: | Hits: 42
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......t is not barred by limitation that the suit is quite maintainable as per provision of section 42 of the Specific Relief Act, that the plaintiff proved his possession in the land in suit by his evidence as well as by the evidence of P.Ws.2-6, that the defendant has not proved that the plaint..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......hellip;…………………………….Respondents. Judgment January 12, 1998 Lawyers Involved: A. K. M. Shafiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants Khan Saifur......appeal before the Subordinate Judge the plaintiff filed a Government order dated 9.2.1988 confirming its decision to reinstate the plaintiff in his former post which was accepted as additional evidence and marked Ext.19. The learned Subordinate Judge, however, took no notice of it and dismi..Category: Employment/Service Law | Date: | Hits: 73
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......ne by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......e circumstances of the case it will not be unreasonable to show a little more compassion and exonerate the accused from suffering the remaining part of their sentence. 6. It appears from the evidence of the Investigating Officer that the accused had deposited TK. 17,500/- in the name of t..Category: Criminal Law | Date: | Hits: 44
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......e and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......ere being no other legal remedy available to the petitioner, he invoked the jurisdiction under Section 561A of the Code. 4. He thereafter submits that the case being a case of no evidence the High Court Division ought to have interfered and quashed the judgment of the tria..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ...... Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......ation and scuffling between the brothers and under the mandatory provision of section 265(1)(3) of the Code of Criminal Procedure the accused petitioner as of right could require the witnesses and evidence examined after their examination under section 342 of the Code of Criminal Procedure inasm..Category: Criminal Law | Date: | Hits: 51
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......ision which does not call for any interference. The petitions are dismissed. Ed. ......order passed in Miscellaneous Case No. 873 of 1969 under section 143A of the State Acquisition and Tenancy Act and in Miscellaneous Appeal No. 9 of 1972 operate as res judicate and that there is no evidence to prove conclusively that the plaintiff got the land by oral gift from her mother and it..Category: Property Law | Date: | Hits: 27
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