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State Vs. Shafique and others, 1991, 20 CLC (AD)
....hafique and Sultan from the grocery shop at Pauda Bazar in the presence of his brother PW 12 Abdur Razzaque. The First information Report was lodged by the brother of the deceased Manik Miah. PW 1 stated before the Court that he went in their grocery shop with 'Sehri' for his brother Dudu and Ra......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....e trial Court. With regard to the plaintiffs' document Ext. 6 which the appellate Court did not at all consider the High Court Division held that the khatian did not support the plaintiffs case as stated in para 2 of the plaint, that 14 annas 8 gondas and 2 karas and 2 1cranti share of the suit ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....quashing of the proceeding. 3. The FIR in the case was filed by one Md, Ataur Rahman, Inspector, DAB, Dhaka on 27.8.87. He himself investigated the case and submitted charge sheet as already stated above against the appellant and one Md. Abdul Khaleque Bain upon which cognizance was taken....... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....o find a man guilty of a criminal offence on circumstantial evidence, the fact, proved must all be consistent with the theory of his guilt and incompatible with the theory of his innocence. This is a statement of the rule in the abstract logical form but as applied by the law courts, the rule may be...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....nd in terms of CS plot No. 533. No proceeding was drawn up on that petition. But the second party was asked to show cause why it should not be drawn up. On 4.10.87 the second party filed a written statement in paragraph 5 whereof he stated that lie was not at all connected with CS plot No. 533 o...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....15 to the suit land upon discussion of evidence on record but dismissed the suit on the ground that the plaintiffs admitted in their application dated 1. 12.1955 to the District Manager, Acquired Estate that the pattani had been sold for non-payment of rent. It held further that there were no ma......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
....ffirmed by the learned Judges of the High Court Division without securing the attendance of the witnesses and consequently the acquittal order suffers from illegality. 5. At the outset it is to be stated that the State under section 417(1) (a) of the Code of Criminal Procedure is authorised to pr...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....ansplantation of paddy there. 4. The prosecution examined 15 witnesses tendered 6 others. With regard to the evidence of PWS 2, 5 and 6 the High Court Division observed: "All that they have stated in evidence is that they did not find the condemned prisoner Mofazzal Hossain Pk. in his hou......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....ants only. 3. The prosecution case is, that on 3.10 76 at about 7 AM informant PW 1 Mosharraf Hossain along with his brother deceased Kanchan, PW 2 Tofazzal and his neighbour PW 3 Mokhlesur Rahman stated towards Bangla Bazar and when they reached near the house of appellant Salem the accused pers......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
.... the order of transfer was invalid as th Corporation got no jurisdiction, power or authority to make such an order of transfer. This decision has been upheld by the learned Single Judge in revisit as stated above. 3. Syed Ishtiaq Ahmed, learned Counsel for the appellant-Corporation has seriously,......ervision, regulation and co-ordination over all the industrial enterprises under it. In other words, the functions of a Corporation to supervise, control and co-ordinate the activities/business and affairs of an industrial enterprise do not include the power to transfer an employee of one such ent..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....ilants of Shamser Ali, from the place of occurrence Shamser Ali was taken to Islampur Thana Dispensary for treatment. There Doctor S.A. Wahab (P.W.13) Medical Officer of the Dispensary recorded a statement of Shamser Ali Amin at about 9-00 p.m. In this statement he gave a detailed account of t......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....P.W.1 the Informant deposed in court that he had seen that Majid was assaulted by Anwar and Sultan, but in the first, information report he did not mention their names at all; on the contrary, he stated in the first information report that Majid was assaulted by Shahjahan, Munsaf, Shamsher and......s set aside and they are acquitted from the charges 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: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
.....R., being armed with rifles, hand-grenades and other weapons attacked Guradaspur Police Station and after overpowering the police on duty looted away some arms and ammunition from there. 2. It is stated by the appellant that in spite of several extensions of time for investigation the charge-she......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....majority (M. Shahabuddin and A. R. Cornelius JJ agreeing and A. S.M. Akram J. taking contrary view) in the Federal Court held that the aforesaid case of Bawa Shing was wrongly decided and the correct statement of law is : That the Appellate Court cannot alter the finding of conviction appealed from ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
.... of the case that the appellants are guilty of undue laches and negligence in approaching the High Court Division for a trial of the two cases by the same court. It appears from the appellants' own statement that a petition was filed before the Sessions Judge, Munshiganj on 12.1187 for holding t......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
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 ...... 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 ..Category: Property Law | Date: | Hits: 29
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