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Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....nal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Shah Alam and ors.................................................Appellants Vs The State.............................................………………..Respondent Judgment Ma....... Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of eyewitnesses cannot be discarded………………..(47 & 54) Cases Referred to— Nazir Vs. State 14 DLR (SC) 159; Niaz Vs. State 12 DLR (SC) 289; Bhagwan Swarup Vs. State of Maharashtra, ...... There is no dispute about the murder, but the dispute is as to whether these appellants were the murderers. Siraj Ahmed was living in the house of his father-in-law as well as maternal uncle, late Abdus Salam of the same village. Seraj was Salam's domesticated son-in-law having married his only i...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Liakat Ali alias Liakat Ali (Md.)................................Appellant Vs The State.........................Respondent Judgment March 5, 1989 The Criminal Law Amendmen......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kawsarul Alam, S/o. late Haji Monsur Ali and ors................................Appellants Vs The State.....................................Respondents Judgment April 3, 1989. The Penal C......ction 403 of the Penal Code and the sentence is reduced upto the period already undergone……..(5 & 13) Cases Referred to- Allahabad case 1919 Criminal Law Journal Vol. 20, P. 218, Moynes Vs. Cooper, 1956 Law Reports (Vol. 1) Queens Bench Division, page 439. Lawyer Involved: Jamiru......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Arfan Ali alias Arfan Ali Khan and others.............................Petitioners Vs The State......................................................................Respondent Judgment ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....qualification alleged continued to render the appellant an usurper to the office to entitle him to file a writ petition…….........(15 & 16) Cases Referred to— Bhairulal Chunilal Vs. State of Bombay, AIR 1954 Bombay 116; Sukedeo Narayan V. Mahadevananda, AIR 1961 Patna 475; Farzan...... disqualification alleged continued to render the appellant an usurper to the office to entitle him to file a writ petition…….........(15 & 16) Cases Referred to— Bhairulal Chunilal Vs. State of Bombay, AIR 1954 Bombay 116; Sukedeo Narayan V. Mahadevananda, AIR 1961 Patna 475; Fa...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....o appeal by the informant is from an order of acquittal passed by the High Court Division, Sylhet Bench, in appeal acquitting the respondents of the charge under sections 302/34 Penal Code. 2. State also filed a leave petition from the same judgment being Criminal Petition for special leave t......r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ......r the petitioner was unaware of the leave petition filed by the Government and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ..Category: Criminal Law | Date: | Hits: 41
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Ashraf Ali Mondal & Others...................................................Appellants Vs The State & Another..........................................................Respondents Judgmen......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
.... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors............................Appellants Vs. The State.................................Respondents Judgment December 6, 1988. Result: Th......Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors............................Appellants Vs. The State.................................Respondents Judgment December 6, 1988. Re......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....med & Others............................ Appellants Vs Akhtaruzzaman & Others ..................Respondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the pl......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....79) 135. ......(AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....969) Judgment Mahmud Husain CJ.- This appeal by special leave is against the judgment of a Bench of the High Court in a miscellaneous case arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, ...... 31 DLR (AD) (1979) 123.......t Nos. 1202 and 1203 along with six other plots (1204 to 1209 were recorded in C.S. Khatian No.39 of mouza Debanagar, P.S. Daulatpur, District Khulna in the name of Ujiruddin Shaikh, Nayan Shaikh and Abdus Samad Shaikh in equal shares as under raiyats with right of occupancy under the raiyati record...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....he High Court in Civil Revision Case No.1445 of 1975) Judgment Kemaluddin Hossain CJ.- The question involved in this appeal is whether the pre-emption petition filed under section 96 of the State Acquisition and Tenancy Act earlier to the registration of the sale deed under pre-emption i...... 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..Category: Property Law | Date: | Hits: 34
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
.... The further two second appeals aforesaid were dismissed by the High Court. 6. In the High Court five grounds were urged and they are as follows: 1. In view of section 75A of the East Bengal State Acquisition and Tenancy Act, 1950 the contract has become un-enforceable as contemplated in se......R (AD) (1979) 109. ......) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
.... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Aijuddin Matbar………….Appellant Vs. Fagu Matbar & others…..........Respondent (In Criminal Appeal No. 8 of 1977) State...........Appellant Vs. Fagu Matbar & others…………..Respondent (In Criminal ......in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....son in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950 hereinafter referred to as "the Act," in the Court of the Ad......R (AD) (1979) 88. ......76) 28 DLR (AD) 5; Behari Lal Roy Vs. Pullin Behari Paul, 38 CWN 654; Surabala Basu Vs. Rukmini Kanta Barman Roy, 42 CWN 288; Monoran Chatterjee Vs. Pavari Mohan, 43 CWN 220; Srimati Monkushi Das Vs. Abdus Sobhan Mia and others (1977) 29 DLR 195; Makhanlal Nag Vs. Reajuddin Sepai (1961) 13 DLR 323; ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....ases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 447; Emperor Vs. Khaw...... (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
...... 64.
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....istan Vs. Rowshan Bijoya Shaukai Ali Khan, (1966) 18 DLR (SC) 214; Tofazzal Hossain Vs. Province of East Pakistan, (1965) 17 DLR, 498; Mahbub Anam Vs. Government of East Pakistan, PLD 1959 Dacca 774; State of Bombay Vs. Atma Ram, AIR 1951 (SC) 157; Sibban Lal Sakena Vs. State of U.P., AIR 1954 (SC) ......t Appellate Division (Criminal) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Latif Mirza..............Appellant Vs. Government of Bangladesh and other..............Respondents Judgment September 2, ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....upreme Court Appellate Division (Criminal) Present: Syed ABM Hossain CJ Kemaluddin Hossain J Fazle Munim J Moyezuddin and another................Appellants Vs. The State................................Respondent Judgment December 7, 1977. Cases Referre......1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......l)
Present:
Kemaluddin Hossain CJ
Fazle Munim J
Ruhul Islam J
E Rahman, Chairman, Inspecting Assistant Commissioner of Income Tax, Chittagong & others.........Appellants
Vs.
Khan Saheb Ata Mohammad Khan...........Respondent
Judgment
February 14, 1978.
La......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
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