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Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......ya Ratan Chowdhury............Appellant (In Civil Appeal No. 52 of 1995) Anil Kumar Dutta ………..Appellant (In Civil Appeal No. 53of 1995) vs Sreemati Shaibalini Ghose & ors…………......Respondents (In all Appeals) Judgme......paragraph 4 of their plaint. It has already been noticed that this plea of eviction by title paramount was argued neither in the trial Court nor in the High Court Division. We have gone through the evidence of P.Ws.1-5 and found absolutely nothing therein to support the plaintiffs' case in the p..Category: Property Law | Date: | Hits: 106
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......missions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......on Ain, 2000, in short, the Act. The case thereafter being sent for trial, the Trial Court framed charge against the accused under Section 9(1) read with Section 30 of the Act and after recording evidence convicted both the accused under Section 9(1) of the Act and sentenced each of them t..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......here is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ...... a legal bar against institution or continuance of the proceeding is apparently visible or the complaint, even if accepted in their entirety, do not constitute any offence and if there is no legal evidence. In the instant case question of considering the third consideration as to legal evidence ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ...... The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......tion. Mr. Abdul Malek, learned Counsel appearing for the petitioner has taken us through the impugned judgment. 6. He submits, inter-alia, that the trial court did not consider the evidence of P.Ws. 5, 7 and 14 who being declared as hostile witnesses made material statements pro..Category: Criminal Law | Date: | Hits: 52
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......ind any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... others under sections 409/467/468/ 201 of the Penal Code and after investigation charge sheet was submitted and the case was thereafter sent for trial and the learned Special Judge after recording evidence convicted four accused including the petitioner and aforesaid Majibul Hoque. Appeals were f..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......per book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......dh ache. Oi shomoy ghotona-sthole badir shalok Faruk kea ami dekhi nai” This witness being the only disinterested elderly neighbour of the informant, his evidence is of immense value which conclusively proved that the prosecution story is false and..Category: Criminal Law | Date: | Hits: 48
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ...... both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......ubmitted charge sheet on 27.10.90. The Sessions Judge, Rajbari held trial under section 302/34 of the Penal Code. The trial Court convicted the petitioner being satisfied upon considering the evidence on record under section 302 of the Penal Code. 5. Against the judgment and order of ..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......itional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......ary action. The Sub-Inspector of Doublemooring Police Station having inquired into the matter submitted his report on 01-09-2003 and in the said report, the Inquiry Officer stated to have found no evidence regarding the commission of any offence by the respondent No.1 as alleged by the peti..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......ances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......gment and order dismissed the appeal. Hence is this petition. 3. In support of the petition Mr. Md. Naqab Ali, learned Advocate-on-Record submits, inter alia, that there being no cogent evidence warranting conviction of the accused petitioner the High Court Division committed illegali..Category: Criminal Law | Date: | Hits: 52
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... the judgment is corum non judice, perverse. Having gone through the judgment of the trial Court and the Court of appeal below and deposition of the witnesses specially the clever and dubious evidence of Sakhawat Hossain a former employee of the Relief and Rehabilitation Department and..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......question and prove it by adducing evidence". There is no order as to cost. Ed. ......e to the 'original court' "For hearing the same afresh in accordance with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence." 3. It may be mentioned that the High Court Division allowed the First Appeal..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ered deed of gift was recorded in her name and the said revenue record was quite correct, that the defendant No.1 lives in separate mess. 4. The trial Court on consideration of the evidence of the parties, both oral and documentary, arrived at the findings that the plaintiffs ha..Category: Property Law | Date: | Hits: 23
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......oner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......rmant Mainul Islam being aggrieved preferred these two petitions. 6. In support of the petitions Mr. Md. Nawab Ali, learned Advocate-on-Record submits, inter alia, that there is cogent evidence warranting conviction of the accused respondents but the courts below committed illeg..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......r extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......guardian or custodian of victim Rahim Kahtoon and the victim was not taken out of the keeping or lawful custody of the informant and in the instant case none of the courts below considered the evidence of D.W. 1 the admitted mother of the victim where she stated that her daughter was no..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......d under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......ynal Hazari, an enemy of the petitioner and that there was no eye of witness to the alleged occurrence and as such the judgment of the High Court Division has been passed illegally. There being no evidence warranting conviction of the accused petitioner the High Court Division committed error re..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......nd no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ...... Court Division. 4. Mr. Obaidur Rahman Mustafa, the learned counsel appearing for the accused petitioner submits that the trial Court passed the order of conviction only on the basis of the evidence of the informant and her mother and no other independent witnesses were examined and ..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......vibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......or the petitioners with the leave of Court, submits that neither the trial Court nor the High Court Division took into consideration the fact that there are major contradiction and omission in the evidence of all the witnesses and that the prosecution have failed to prove the time, manner and al..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....an the investigating officer of the case for the prosecution amounts to violation of the very spirit of impartiality and authenticity of dying statement and as such the dying statement is inadmissible in evidence apart form being devoid of evidentiary value, so the order of conviction b......, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ed charge sheet against the accused petitioners and other s under section 302/149 Penal Code. These appellants along with were charged under section 304/149 Penal Code and ultimately on taking evidence the trial court convicted and sentenced the appellants as aforesaid. Then the case record ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ...... In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......e killed by Hashua and that the confessional statement was obtained by the police by torture which was neither true nor voluntary. 4. The learned Sessions Judge, Rajshahi discussed the evidence on record and considered the confessional statement of the accused-petitioner (Ext.3)..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......black Indian alachi worth TK. 7,0007- and then those alachi were seized in presence of witnesses and that the defence cross-examined P.W 1 but failed to find out any contradiction in the evidence of P.W 1 and further P. W.2 Aminur Rahman, the proprietor of Amin Bakary, in examinat..Category: Criminal Law | Date: | Hits: 29
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