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Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... the accused persons and the defence did not examine any witness. 6. The defence plea as it appears from the trend of cross examination of the prosecution witnesses and from the statement made at the time of examination of accused persons under section 342 of the Code of...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....pre-emptee contested the case by filing written objection and denied the material allegations made in the Misc. petition and contended that the case is barred by limitation. The pre-emptee farther stated that the requisite deposit along with compensation was not made within time. So the pre-empt......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....In this case the prosecution in all examined 21 witnesses and convict Jashim Uddin examined himself as he was sole D.W. 12. Accused Abu Taher @ Ridwan, Liakat All and Absar made confessional statements which were recorded by P.W.21 Anirudda Chakma. 13. In this case P.W.4 Rashed, P.......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....983 and thereupon filed Miscellaneous Case No.26 of 1983 but the same was dismissed on 28.3.1984. Thereafter the appellants filed the Title Suit No.22 of 1987 (the instant suit) seeking the relief as stated hereinabove. 3. It was the case of the plaintiff-appellants that the land in suit belonged......t unless there was fraud with regard to service which kept the Defendant in ignorance of the suit or unless by putting in a false return the Plaintiff kept the Court in ignorance of the real state of affairs and thus enabled it to pass a decree which otherwise it could not have passed, no suit for s..Category: Property Law | Date: | Hits: 38
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... cancelled the RS record which stood in the name of the plaintiff. The said action of the Revenue Officer having had clouded plaintiff's title he was constrained to file the suit seeking relief as stated hereinbefore. 4. The suit was contested by the defendant Nos. 1-10 by filing written ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....ion accused Md. Joynul Abedin alias Md. Momin Ali, Md. Jamir Ali, Md. Tajul Islam and Md. Shahed Ali were arrested. They were produced before the learned Magistrate who recorded their confessional statements under section 164 of the Code of Criminal Procedure. The investigating agency arrested s......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....he quota system in sections 16, 28 and Third Schedule. 7. The respondents appeared and contested the Rules denying the material allegations made in the writ petitions stating, inter alia, that the statements relating to the observations of some political parties of the country which do not formul...... help collection of Government dues, rent and taxes. Besides, members of the Union Parishad are directly involved in financial transaction in the course of their official duties and running the affairs of the Union Parishad. The fact that these persons are financially handicapped by being 'd..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....hem as the prosecution case could not be proved beyond reasonable doubt. Leave was granted also to consider the submission that the appellants have been awarded conviction based on the confessional statement of co-accused Zinnah Sardar though the said statement ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....ers are defendant Nos. 4 and 5) but they refused to execute and register the deed on July 16,1995. Hence the suit. 3. The suit was contested by the defendant Nos. 1 and 3-5 by filing written statement denying the material averments made in the plaint. 4. It was the case ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....7 of the Ordinance. It is seen from the minutes of the meeting of the Commission held on August 6, 2005 that the Commission felt necessity of preparing a fresh voter list free from mistake. In that state of the matter it cannot be said that the Commission took decision to scrap the existing voter......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....cution case is mainly built upon evidence of prosecution witness Nos 1, 2 and 3. PW 1 Abdul Hamid Matbar and PW 2 Abdul Khaleque Matbar, the two eye-witnesses to the occurrence, in their deposition stated that the appellants Shafiuddin Sheikh hit the right eye of the deceased by a mugur lying in ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....e do not, therefore, see eye to eye on this second branch of submission of the learned Advocate. We have perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... Md Fazlul Karim J. - The delay of 189 days in filing the application for leave to appeal is hereby condoned for the reasons stated in the application for condonation of delay. 2. The plaintiff-petitioner seeks leave......ast Pakistan and never returned to Bangladesh after liberation. The shares and assets of the Company vested with the Government as "Abandoned Property" and management of the business and affairs of the Company was ultimately entrusted by the Government with the then Paper and Board Co..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....ry limited writ jurisdiction was conferred on the High Court Division by the Martial Law Proclamation that jurisdiction remained exclusively with the permanent Bench at Dhaka. 19. This was the state of affairs till June, 1986 when the permanent Benches by a deeming provision were converted in......s over other districts. It has thus created regionalism which is contrary to the spirit of nationalism. The learned counsel submitted that functionaries performing function in connection with the affairs of the Republic outside the territorial jurisdiction of .any particular court is amenable to..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....et aside. Conviction and sentence of accused is set aside and he is acquitted of the charge. The Code of Criminal Procedure, 1898 (V of 1898), sections 164 & 342 It is in the confessional statement that Dablu stated that he along with Fiktoo and Sukkur went to commit the crime. In the co...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....of his hut but he did not find Shariatullah. On the following morning he went to the Police Station and lodged Ejahar against the appellants. After 4 days Shariatullah was recovered in an unconscious state from a char on the river bank near Aftabi Bazar. Shariatullah then narrated that he had been......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
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