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Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......e High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......rately considered the facts and circumstances of the case which appeared from the exhaustive affidavits submitted by the appellant and respondent No. 2. Appellant's Counsel submitted that the lack of evidence in this case led to miscarriage of Justice. It seems that he was not satisfied with affidÂ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......ed in the notÂification. (2) Where the person constituting an Election Tribunal is succeeded by anoÂther, the trial of a petition shall continue before the person so succeeding and any evidence already recorded shall remain upon the record and it shall not be neÂcessary to re-exam..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....nce, the High Court Division took the view that those previous statement are admissible for the purÂpose of the contradiction. With respect, this conclusion is not founded in law. Ext 5 and 6 are inadmissible evidence and they cannot constitute as admission within section 19 of the Evidence Act....... No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......s stated above the suit was brought out. The trial Court as well as the appellant Courts below discarded the defence case and decreed the suit. The Appellate Division on correct analysis of the evidence on record and the principles of law involved in the case set aside the judgements of the ..Category: Family Law | Date: | Hits: 239
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......s to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ...... to live with his mother's relations besides examining the appellant and respondent Nos. 1 and 4 the boy was also asked several questions by the Court. On hearing the case and on consideration of the evidence the learned District Judge dismissed the application. Appellant preferred the above mention..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......ur, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......ppellant or that he got the premises by inheritance from his fatÂher and, as such, no question of his holding over as a tenant of the appellant arose 4. The learned Munsif on consideration of the evidence both oral and documentary held that Kala Mia was not a tenant under the plaintiff, that def..Category: Property Law | Date: | Hits: 37
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ...... as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......claim title in respect of the suit land on the basis of adverse possession for a period less than 12 years and accordingly dismissed the suit. 5. The appellate court below on the anaÂlysis of the evidence found that the plaintiff was in possession of the suit land from 1927 Ext.1 jute licence wa..Category: Property Law | Date: | Hits: 37
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they 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) 75. ......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) 75. ......nuary 22, 1986. Result: The appeal is allowed. Criminal Trial Words and Phrases ‘Witnesses tendered by prosecution’ explained A witness may be tendered by the prosecution if his evidence is not of much importance or his evidence will make unneceÂssary addition to the evidence ..Category: Criminal Law | Date: | Hits: 60
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......r as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......fect. Section 23(2) provides that the Deputy Commissioner of Taxes may issue notice upon the assessee "requiring him on a date to be therein specified either to attend at the office or to produce any evidence". Then sub-section (3) reads as follows:— "On the day specified in the notice issu..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......cused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......spiracy. Cognizance was taken on this police report and the accused appellants were prosecuted and tried under the provision of the Criminal Law Amendment Act. The trial Court on consideration of the evidence of 13 witnesses including a HandÂwriting expert and a Finger-print expert found that Abdul..Category: Criminal Law | Date: | Hits: 69
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ...... as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......Sons dealer of the pump and given to M/S. Alam and Co. on the ground that Hajee Mohammad Ali ousÂted dealer was declared enemy by the State. But so far as Hajee Mohammad Ali is concerned there is no evidence that he was declared to be an enemy subject. If the allotment was cancelled on the consider..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......et aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......of the appeal only on the question of sentence without hearing it on merit. It is contended by the learned Advocate appearing for the appellant that the High Court Division erred in not examining the evidence on record and in not disposing of the appeal on merits. 6. In order to appreciate the su..Category: Criminal Law | Date: | Hits: 62
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......owed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ...... and not before 1366 B.S. as claimed by the defendants. The trial Court, therefore, concluded that the suit is not barred by limitation. Then it considered the kabala Ext. 2 and conÂsidered the oral evidence and came to the conÂclusion that the plaintiffs have purchased the land along with other l..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......render to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ...... High Court Division in quashing the proceeding. 8. In view of our proposed order we advisedly refrain from dealing with the facts of the case, which will be adjudicated upon by the trial Court on evidence. The only question before the Court is whether the proceeding was liable to be quashed. ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......ribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......ion to which the petition relates. (2) Subject to any rules made in this behalf, the Election Tribunal shall, after giving the contesting candidates an oppÂortunity of being heard and taking such evidence as may be produced before it, mike such orders as it may think fit." 13. These two sub-..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional eviÂdence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ...... to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. .................................................Respondent Judgment August 7, 1985. Result: The appeal is allowed. The Civil Procedure Code, 1908 (V of 1908), Order XLI, r. 27 Additional evidence may be adduced on appeal for pronouncing the judgement or for any substantial cause. Duplic..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......der as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ...... tax which they are entitled to adjust towards rent." As for the bona fide requirement the Appellate Court below found that "he does not require both the premises for his show room,'' considering the evidence it was concluded "for show-room one of the premises is sufficient." In this view of the mat..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......en stated above. There will be no order as to costs. Ed. ...... the purpose of contradicting him in which case his attention is required to be drawn to that under section 145 of the Evidence Act and the use of previous statement as a piece of substantive evidence under some sections of the Evidence Act in which case the question of applicability of sec..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......the learned Counsel. This appeal is accordingly dismissed with cost. ...... of the case on the merits." in the instant case it has been argued that onus has been wrongly shifted on the appellant but it should be remembered that the party who alleges forgery must lead evidence in support thereof. In the present case the Courts below have given due consideration..Category: Business or Commercial Law | Date: | Hits: 113
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......a right to reconveyance was a personal right and as such not transferable; and accordingly the contract for reconveyance was not enforceable by Shahar Ali. 4. On a consideration of the evidence and the terms of the Contract embodied in the registered deed of agreement, the learn..Category: Property Law | Date: | Hits: 47
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......nbsp; A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......ards the fact of actual possession of the subject of dispute. After this has been done the Magistrate is required to hold an enquiry under sub-section (4) thereof and decide, upon taking evidence, as to which of the parties was "at the date of the order before mentioned in such po..Category: Criminal Law | Date: | Hits: 49
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