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State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......der of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... 5. In support of the appeal Mr. Abdur Razaque Khan, learned Additional Attorney-General reiterated earlier submissions made on behalf of the State. 6. He then submits that there being sufficient evidence bringing home the charge against the accused respondent the trial Court convicted according..

Category: Criminal Law | Date: | Hits: 184

Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)

....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......e we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... No. 1537 comprising 25 decimals of land are also in the deed. 7. The trial Court decreed the suit on the finding that the plaintiff has been able to establish, by both oral and documentary evidence/ that Abdur Rashid sold the land to the plaintiff and he executed the deed, that plaintiff..

Category: Property Law | Date: | Hits: 26

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......ed judgment and order. The parties will bear their respective costs. Ed. ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..

Category: Election Law | Date: | Hits: 159

Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)

....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......es to convict Aynul Sheikh, was not pressed and was thus dismissed. 7. In support of the Appeal Mr Md Nawab Ali, learned Advocate-on-Record, sub­mits, inter alia, that there is no cogent evidence against the appellants as to allegation of catching hold of the hands of the deceased by t..

Category: Criminal Law | Date: | Hits: 42

Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)

.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......me Court Appellate Division (Civil) Present: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J       Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People&rsq......espondent Nos. 1 and 2. 7. It   appears   that   the   High   Court Division observed that: "The learned trial Court considering evidences on record came to a conclusion that this Exhibit (B) which is a photocopy of an affidavit..

Category: Procedural Law | Date: | Hits: 93

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......C. 580 relied on) for that purpose the Court must take into account any public general knowledge of which the court would take judicial no­tice and may in a proper case require to be informed by the evidence as to what the effect of the legisla­tion will be. It is often impossible to determine the..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

.... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......lows on Nurul Islam and his wife. In the confessional statement of Dablu he stated that he himself inflicted dagger blow on the victims. Intra-contradiction of the two confessional statements and the evidence of P.W.4 reveal each one gave a different version of the crime thereby shattering the prose..

Category: Criminal Law | Date: | Hits: 159

Abul Kashem and oth­ers Vs. State, 1989, 18 CLC (AD)

....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......PW 4 claimed by the defence to be the actual murderer, his remaining present in the PO not being available in the defence version has no substance. The contradictions and omissions of the prosecution evidence clearly support the defence suggestion that Halima Khatun was not killed in the manner as h..

Category: Criminal Law | Date: | Hits: 57

Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)

....lly proved. It was accepted by all the three Courts below. We find no reason to in­terfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......Courts below. We find no reason to in­terfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......us instance of partner­ship, a sort of seasonal joint venture of buying and selling paddy, was mentioned in the FIR to show how the accused earned the complainant's confidence. After considering the evidence on record we find that the High Court Division correctly refused to interfere with the find..

Category: Criminal Law | Date: | Hits: 44

Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)

....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...................Appellants Vs. The State....................................Respondents Judgment January 29, 1989. The Penal Code, 1860 (XLV of 1860), sections 302/149 Scrutinising the evidence, offence of causing assault upon the victim resulting to his death has not been proved agai..

Category: Criminal Law | Date: | Hits: 49

Samiruddin Ahmed alias Samir Mia alias Md. Samirud­din Vs. State, 1987, 16 CLC (AD)

....­lowed. The impugned orders of conviction and sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......sen­tence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......ld be clearly untenable and unacceptable. If the appellant, was in possession in 1978 as found by the Civil Court, then for the purpose of the criminal case it was enough to hold that the prosecution evidence as to possession could not be accepted beyond reasonable doubt. The party claiming possessi..

Category: Criminal Law | Date: | Hits: 59

Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)

....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......sult, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment Augusts, 1987.   The Evidence Act, 1872 (1 of 1872) Section 32 There is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occurrence appears to be..

Category: Criminal Law | Date: | Hits: 61

ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)

....aying the appeal has become of mere aca­demic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......ismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......the registration was done under section 60 of the Registration Act on compliance of all requirements of law. It is a rebuttable presumption, no doubt, but Mr. Moksudur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial s..

Category: Property Law | Date: | Hits: 56

Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)

....vidence in respect of the alleged sale of .02-1/2 deci­mals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113....... There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......ion of purchase and denial thereof not being confronted during trial, the appeal is allowed in part and the case remanded to the trial court for re-hearing upon allowing the parties to adduce further evidence in respect of the alleged deed of sale………………………(13 & 14) Lawyers Involv..

Category: Property Law | Date: | Hits: 33

Hazi Waziullah Vs. Additional Deputy Com­missioner, Revenue, Noakhali, 1989, 18 CLC (AD)

....adhir Sen hardly finds anything to dis­pute this proposition of law as to admissibility of a document, but he contends that this principle is not applicable to the case of a document which is per se inadmissible and that in the instant case no explana­tion was given why the original was not produc......t is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ...... Result: Both the appeals are allowed. The Evidence Act, 1872 (1 of 1872), sections 13, 43 and 65. The judgment Ext. 7(d) is not inter parties, and ordinarily a judgment cannot be used as evidence against a person who is a stranger thereto. But the judgment in a prior suit together with ..

Category: Procedural Law | Date: | Hits: 146

Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)

.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......rt is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......x­clusive possession of the plaintiffs in any specific share of the property which, he claimed, remained 'ejmali' and as such no injunction can issue against him. The trial Court on consideration of evidence ad­duced by both the parties found the plaintiffs to be in exclusive possession of separat..

Category: Others | Date: | Hits: 106

Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)

....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ...... from time immemorial." In this view of the matter, the suit was decreed. "The plain­tiffs' right of easement over the suit pathway is de­clared." 5. On appeal the Appellate Court considered the evidence exhaustively and found that the plain­tiffs had recently purchased the plot in the localit..

Category: Property Law | Date: | Hits: 36

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ...... rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......wed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Elect..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Pub­lic Health, Barisal Divi­sion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......s order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......uld be entitled to arrear salary excluding the peri­od of unauthorised absence. 7. Though the defendant appellant took the plea that the plaintiff worked elsewhere during his absence from duty no evidence was led in this re­gard. The plaintiff only admitted that he worked only for 2/3 months. I..

Category: Employment/Service Law | Date: | Hits: 103

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ...... For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......learned Judges of the High Court Divi­sion by an order dated 1 February, 1988 summarily dismissed the Writ-petition observing that when the Upazilla Nirbahi-Officer, appellate authority, held on the evidence of two Bank Managers that the appel­lant was a defaulter there was hardly any ground for i..

Category: Election Law | Date: | Hits: 212