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Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ...... costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......er as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......t (XXVIII of 1951), Section 96 Un-exhibited documents considered by the High Court Division did not materially affect result of the suit as because the documents already filed and exhibited and the evidence adduced sufficiently proves the case of the respondent. Hence the appeal is dismissed……..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ...... is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......cancellation within time. 15. So far as the plaintiff-respondents alleged collusion and fraud in holding auction sale they could not substantiate the allegations. The trial Court referred to the evidence regarding issuing of notices and sale proclamation and did not find any irregularity ther..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......he accused-respondents, when charged under sections 147 and 379 of the Penal Code, denied the complainant's possession and asserted that they were in possession of the land. On consideration of the evidence of six witnesses of the prosecution and one witness for the defence the learned Magistrate ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......cted that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......the police have submitted charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When ..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......mes of the accused from the deceased but also from Ayesha and Anjuman Ara. Police upon usual investigation submitted chargesheet and the trial took place as aforesaid. 6. The main and direct evidence in the case came from P.W.2 Ayesha and P.W.3 Anjuman Ara who were inside the hut of occurre..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......n this appeal, lodged a complaint on 21 May 1982 before the Sub-Division Magistrate, Khulna, alleging that the Bainapatra had been forged by the plaintiff of the suit who also produced it in court as evidence, and on that complaint cognizance was taken by the Magistrate and process was issued agai..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ...... charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ...... 1860 (XLV of 1860), sections 326/34 or 149 The confession was no confession in the eye of the law as the maker did not implicate himself in the commission of the alleged offence. If the principal evidence in the case, namely, direct oral evidence does qualify to be trustworthy the alleged confes..Category: Criminal Law | Date: | Hits: 61
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......ous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......in that connection when resistance was offered a free-fight took place between the panics during which the deceased Wayezuddin received the fatal blow from whom nobody knew. On consideration of the evidence the trial Court convicted the appellant Bandez Ali and 4 others under section 148 of th..Category: Criminal Law | Date: | Hits: 67
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ...... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ...... shall thereby be discharged The law has brought in sharp focus the civil court to determine the rights of the parties or even possession. Since it is a question of fact that has to be adjudicated on evidence and the writ jurisdiction is not appropriate for seeking relief. 9. The Magistrate found..Category: Constitutional Law | Date: | Hits: 174
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......r as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ......is, as appears from record, is the mere claim of the defendant made in his application under Order IX, rule 13 C.P.C. that no summons was served upon him. This claim was not backed by him by adducing evidence in court as against the process -server's report and the evidence of the plaintiff; As such..Category: Procedural Law | Date: | Hits: 89
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ......nd those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. .......R. Khatian was correctly prepared in the names of his vendors. 4. The suit was dismissed twice- once in the first trial and then again on remand. The learned Munsif upon a consideration of the evidence (on remand) found that the plaintiffs failed to prove that defendants No. 4 to 6 are the he..Category: Property Law | Date: | Hits: 43
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......sed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......s delivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/irregularity in the conduct of the election the Tribunal found that they were not proved by proper evidence and the issue was answered in the negative. On the basis of recounting of ballots at the ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......hout any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......opportunity before an action is taken. Section 133 contemplates an enquiry and sub-section (2) the enquiry officer shall have the powers of the Court under the Code of Civil Procedure 1908 to take evidence and to compel the attendance of witnesses and the production of documents. On the conclusio..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ...... house and also to assess the value thereof and upon the report the learned Munsif shall determine the area of the dwelling house and its value cither on the basis of the said report or on taking evidence of both parties if necessary and thereafter to pass a decree in favour of the plaintiff acc..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...... connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ...........................................Respondents Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to infer that appellants 2-4 wanted that Nanda Lal..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ...... appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......al and unjust burden on some individuals for benefit of others. 16. In the instant case the plaintiffs are claiming grazing right over a vast land, 19.56 acres in all the plaintiffs adduced no evidence about the reasonableness of their right of pasturage at its inception. They did not also ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ...... the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ...... Vs. The State.............................................Respondent Judgment November 8, 1987. The Penal Code, 1860 (XLV of 1860), Section 302 FIR is not a piece of substantive evidence but may be used for corroborating or contradicting the maker only. omission in the FIR of t..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......wever, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ...... respondent was not a permanent resident of Bangladesh on that crucial date, Article 2A will, of course, not apply to his case and he will not be a citizen of Bangladesh. Respondent has however led evidence to show that he was a permanent resident of Bangladesh on that crucial date including the u..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....ich runs as follows: “Pleadings recorded in one cause are admissible in evidence in subsequent proceedings to prove the institution and subject-matter of such cause, but are generally inadmissible, even as against parties or privies, as proof of the truth of the facts stated herein......in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......ia & Ors..... ............................Respondents Judgment July 26, 1987. The Evidence Act, 1872 (I of 1872), section 17 An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot be regarded as conclusive proof and ..Category: Property Law | Date: | Hits: 36
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