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Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... 8. Mr. Serajul Huq has tried to bring this confessional statement within the mischief of sections 25 and 26 of the Evidence Act which make any confession to, or in custody of, a police officer inadmissible. After Nausher was caught and detained in the shop of Toyeb Ali, local Dafadar (P.W. 1...... death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......e the Additional Sessions Judge. 3. The prosecution examined 19 witnesses and tendered 7 witnesses; defence did not examine any witness. Motive for the murder as given by the prosecution in evidence originated from the unhappy relationship between the deceased, Elias and his first wi..Category: Criminal Law | Date: | Hits: 62
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ....... The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......ement acquitted them all. Being dissatisfied with the acquittal the State has come before us in appeal on leave granted by us to consider whether the acquittal is warranted in view of the evidence and attending circumstances against the accused. I agree with my learned brother that..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....voluntary one. The accused retracted the confession during trial. This confession is not found to be 'voluntary', and if a confession is not found to have been made voluntarily it must be rejected as inadmissible without entering into the question whether it is true. 50. Confession of accused Kab......d to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......-sheet under section 303 and Kabir was charged under sections 201 and 302 B.P.C. The prosecution examined 25 witnesses and the defence examined none. 4. The trial court on consideration of the evidence came to the conclusion that accused Lalu committed the murder and convicted him under secti..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......public mind. Mr. Ishtiaq Ahmed, learned Advocate for the appellant, has seriously challenged this observation of the learned trial Judge and has contended that in view of the facts disclosed in the evidences adduced it in a clear case of "passing-off" in that not only the two names, Cip..Category: Intellectual Property Law | Date: | Hits: 239
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....ort was mentioned anywhere in the Deed, Ext.1, and this claim is entirely retted upon oral evidence of the vendor. Oral or extraneous evidence to contradict the terms of the contents of a document is inadmissible under section 92 of the Evidence Act. His oral evidence has been corroborated by two ......o costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......ortgage-deed on condition for reconveyance if and when the mortgage money was repaid. But nothing of this sort was mentioned anywhere in the Deed, Ext.1, and this claim is entirely retted upon oral evidence of the vendor. Oral or extraneous evidence to contradict the terms of the contents of a doc..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......gly, it is dismissed. No costs. Ed. ......smissed the suit. The appellant's grievance is that the High Court Division erred in affirming the finding of the appellate court as to the parentage of the plaintiff ignoring totally the oral evidence adduced by the parties. 6. There is no dispute that in a suit for partition which ..Category: Property Law | Date: | Hits: 37
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......tted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ...... peace. In this case the two eye-witnesses, PWs. 1 and 2 were inimically disposed towards the accused persons. All other witnesses were merely chance witnesses. 13. Let us examine the evidence a little closely. P.W. 1's statement that as he got the scent of fire he came out o..Category: Criminal Law | Date: | Hits: 57
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......, be no order as to costs. Ed. ......ledge of all including the heirs of Hedayet Baksha. 5. The trial court on consideration of the evidence dismissed the suit and the finding was that no evidence was led that Hedayet had paid any ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......e no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......the said land vested in the Government and the defendants had become tenants directly under the Government and the Government had also recognised them. 5. The trial court upon consideration of the evidence and facts and circumstances of the case dismissed the suit holding that the Municipality wa..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......der as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......title suit by looking into the plaint whether there are sufficient facts relating to mala-fide requiring Court's requiring thereof, but the point can only be determined conclusively if after taking evidence, both oral and documentary, the allegations are proved. This could be done at the trial w..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted 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: 38 DLR (AD) (1986) 311. ......d 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: 38 DLR (AD) (1986) 311. ......prove a case. A conviction can be founded even on the testimony of a solitary witness, if found competent and trustworthy. But the rule of prudence, if not rule of law, requires corroboration of such evidence. ………….(49) Case Referred To- Safdar Ali Vs. Crown, 5 DLR (FC) 107. Lawyers..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......eeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......efore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impugned order…………………..(12) After taking evidence for the prosecution, examining the accused and hearing both the parties, if the court consi..Category: Criminal Law | Date: | Hits: 38
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......hutt Misser Vs. Bhagwat Narain Thakur (1898-99) 3 CWN 207 it was held that though the mere attestation of a deed by a relative does not necessarily import concurrence, yet, where it is shown by other evidence that when becoming an attesting witness, he must have fully understood what the transaction..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......his report to the Returning Officer the Presiding Officer stated that the appellant got 444 votes and the respondent got 1135 voter. 2. The Tribunal after hearing the patties and considering the evidence adduced by them rejected all the allegations as baseless excepting the allegation as to t..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ...... to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ...... any place outside the centre and then count the votes." The Appellate Court further disapproved of the method of recounting at the instance of the Returning Officer and upon analysis of the evidence the finding was: “Considering the materials on record and the circumstances of th..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......rder as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......tive prayer to the effect that 6e was also a co-sharer in the holding by purchase and fn ease the application for pre eruption was allowed, he should by given rateable pre eruption The trial Court on evidence found both the respondents and this appellant to be he co-sharers by purchase though the ..Category: Property Law | Date: | Hits: 51
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......ssions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......osite parties show that they have purchased the land and had taken lease of some of the property and they had been in possession without any interruption and growing paddy. In view of the documentary evidence that had been adduced the learned Session Judge observed: "Perusing all the papers s..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......eave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......ssessors was legal. The other ground for leave is to consider the submission that the conviction of the appellants under section 302 by application of section 149 Penal Code was wrong inasmuch as the evidence in the case did not establish that the murder was committed in prosecution of the common ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......i J Abdul Mannaf Khan and others……..Appellants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of 1983). Golam Hossain Khan…………………….Respondent (In Civil Appeal No. 164 of 1983) Judgment August 2...... on a wrong assumption and held that Salimabad hat was carrying with it all its supposed rights to whichever place it has been moving since 1850 A.D. Besides, they did not properly consider the evidence in arriving at their decision that Salimabad hat was older among the two hats- Salimabad an..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......s to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ...... was placed on the decision of Shamsuddin Ahmed, reported in (1979), 31 D.L.R (AD) 155. Next as to the sub-letting, the learned Single Judge came to the conclusion that in the absence of any positive evidence, that defendant No. 1 had left the suit premise or any part thereof and the defendant No. 2..Category: Tenancy Law | Date: | Hits: 65
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