Search Options
Judgment Advanced Search
Displaying 3701-3720 of 4280 results.
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......ce under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ...... the second part will be attracted if the act is done with the knowledge as aforesaid. 12. Khan Saifur Rahman, learned Advocate for the appellant, has submitted with reference to the evidence that the appellant had no intention of causing death or to cause such bodily injury to USN..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......In all the appeals) Judgment August 1, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants (In all the appeals). ...... Contractor were admissible or not. The High Court Division remitted the Award to the Arbitrator to determine the unresolved dispute directing him to call for statements from both the parties, take evidence if tendered, give hearing to the parties and proceed to decide the dispute in accordance ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ...... below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ...... possession in the suit lands and executed Ext. I the kabala dated 1.4.1957 in favour of the plaintiff who after purchase got his name mutated and got rent receipts. The trial Court also accepted the evidence of PW 2 and 3 in support of the plaintiff’s case and rejected the evidence of the defenda..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifuddin Chaklader......ts Act. A learned Single Judge of the High Court Division, Rangpur Session, by his judgment and order dated 24.8.87 reversed those of the learned SCC Judge on the ground that those are not based on evidence but on inference from facts which were not proved. 4. The suit ..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... Present: NIH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Safia Khatun and others......................Appellants. Vs. Amena Khatun being dead her heirs: Ankurornessa alias Tahurunnessa and others..............Respondents Judg......rated from his brothers in 1308 BS. Defendant No. 3 Lal Miah filed a written statement admitting the claim of the plaintiffs, but did not contest the suit. 4. On consideration of the entire evidence on record the trial Court fully decreed the suit in preliminary form in respect of all the..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......ent of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ...... been falsely implicated in this case and that deceased used to do all misdeeds and had several enemies and he might have been killed by them. The defence also examined 4 witnesses to dislodge the evidence regarding the holding of the salish and the threat given by some of the accused persons. ..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... The appeal is dismissed. No costs. Ed. ......o and accepted by the landlord. 6. On appeal the appellate Court allowed the plaintiffs' appeal after finding that they proved their right, title and interest in the suit land by sufficient evidence and that the suit land was not a fishery, but a paddy growing land. 7. In revision ..Category: Property Law | Date: | Hits: 25
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......ongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......oy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is found out. More often than not, ocular evidence of murder is not available and these cases thus rest on circumstantial evidence. As far as ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water TransÂport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......No costs. Ed. ...... the Additional Settlement Commissioner for the disposal of the appeal in accordance with law after giving the parties adequate opportunity of representing their respective cases and adducing evidence both on the question of limitation as well as the question of fraud. The ratio in that cas..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... 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. ...... 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......in be noticed. The final order dated 25.6.88 has been assailed, not because of any defect or error of procedure committed by the Magistrate in conducting the proceeding or because of misreading of evidence given during the proceeding, but because the preliminary order was without jurisdiction. A..Category: Criminal Law | Date: | Hits: 54
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ...... was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ...... suit land. They also supported the plaintiffs' case that the auction sale in 1950 was bad. 5. The trial Court negatived the claim of defendant Nos. 2-15 to the suit land upon discussion of evidence on record but dismissed the suit on the ground that the plaintiffs admitted in their appli..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......l is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......e courts below and approved by the High Court Division to the effect that the defendants failed to prove their case of acquisition without proof of the payment of compensation and bringing further evidence, beside what has been proved, showing actual acquisition of the suit land, was legal and p..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....ore the High Court Division the respondent took a ground that the Sessions Judge erred in law in finding that the husband was at home on 30.7.81 and also in the night of occurrence on the basis of an inadmissible documentary evidence (Ext 6), the co-accused Majibur Rahman's report to the police of t......ent for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......hem, Ekabbar Ali Pramanik and Majibur Rahman Pramanik, were convicted under section 201 of the Penal Code. The High Court Division set aside the order of conviction of the respondent after finding no evidence against him. 2. The prosecution case, in brief, is that in the night following 14th Srab..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. ......ingly, 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. ...... Vs. The State................................Respondent Judgment August 16, 1990. Result: The appeal is allowed. The Evidence Act, 1872 (I of 1872), Section 5 Evaluation of evidence in criminal case On a careful consideration of the evidence of eye‑witnesses, it is v..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......ith the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ...... The Code of Criminal Procedure (V of 1898) Section 439 In deciding a revision against acquittal the court of revision can legitimately examine whether correct principles relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been overlooked or mi..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitÂted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291...... charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......nt Judgment July 5, 1988. Criminal Appeal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the t..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......ined. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......of the appellant under secÂtions 148 and 324 Penal Code and sentence thereunÂder as recorded by the trial Court has not been quesÂtioned before us. Indeed we are satisfied that there is sufficient evidence to justify the said conviction. For the reasons stated above, the alteration of the convicÂ..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......ding 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......it gives the trying judge a comprehensive picture of the entire occurrence although proved separately by eviÂdence in the respective case which is required to be disposed of on the basis of separate evidence and record. The Judge will be in a better position to apÂpreciate the evidence in each cas..Category: Criminal Law | Date: | Hits: 48
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......r as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......m. 11. It will be seen that in the facts and circumÂstances of the present case the principles referred to in the said cases nave no manner of application. The appellant could not prove by cogent evidence that he could not file the applications within time because of fraud or that his applicatio..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there apÂpears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......ismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272...... then obtained leave to appeal from the judgment of the High Court Division contending that the trial court's finding that the plaintiffs are landlord of the defendant is perverse, unsupported by any evidence and that there is also no basis for the finding that the defendant paid rent to the plainti..Category: Tenancy Law | Date: | Hits: 106
17991798179717961794179317921790178917881776176717501730172617251723172217191718