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Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....er whether the conviction of the appellants was void on the ground that there was no legal evidence to support it, particularly when the confession was allegedly exculpatory in nature, that it was inadmissible in evidence having been made in presence of Police officers and further that it was on...... set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......hile summarily rejecting an application by the accused-appellants under section 561A Cr.P.C., which sought to quash their conviction for theft on the ground that the conviction was based on no evidence. The impugned order of the High Court Division is dated 21 April 1992 in Criminal Revision..Category: Criminal Law | Date: | Hits: 44
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......peal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......stion of waiver of the right of pre‑emption by Sadat Ali Kari. In view of concurrent finding that Sadat Ali Kari was a non-notified co-sharer and the pre-emptee could not establish by leading evidence that he had knowledge about the transfer, there is no scope for raising the question of w..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......f as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ....... The temporary injunction matter was fought solely on the issue as to whether the appellant was making construction on a vacant space of land measuring 68'x 3' belonging to the respondent and on the evidence available for the purpose of temporary injunction, the two Courts below gave a finding ther..Category: Property Law | Date: | Hits: 66
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......ts allegedly recognised were not disclosed to them when they came immediately after the occurrence, (b) statements of the witnesses under section 162 Cr.P.C. were not given to the accused; (c) The evidence of P.W. 12 shows that the statements recorded under section 161 Cr.P.C. had been lost, (d)..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......e of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... not contain the ingredients of section 201 of the Penal Code, the appellants' conviction under the latter section could not stand; and ii) Since the conviction is based solely on the evidence of the mother, P.W. 4, who is a highly interested witness, it cannot be sustained. ..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......lu), of whom P.W.s. 2, 3 and 5 are full brothers and are nephews of deceased Ekhlasuddin, are the eye‑witnesses to the occurrence and the prosecution case which transpired from their common evidence is, that deceased Ekhlasuddin Ahmed and his son deceased Ehsanul Huq @ Tunu and Ekhlasuddi..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......p; Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......cord of the two cases distinct and separate. The advantage of a simultaneous trial is that it gives the trying judge a comprehensive picture of the entire occurrence although proved separately by evidence in the respective case which are required to be disposed of on the basis of separate ev..Category: Criminal Law | Date: | Hits: 40
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ....... 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......at Patuakhali) as ordered by the High Court Division, only on the charge under section 409 Penal Code, in Special Case No. 3 of 1972. 3. The learned Special Judge upon a consideration of the evidence on record found that the prosecution proved its case against the accused-respondent b..Category: Criminal Law | Date: | Hits: 41
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......ppeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......and actually transferred. Therefore the appellant's claim to pre‑emption cannot exceed 20 decimal, which he has been already allowed from one plot. As to the other plot, neither is there any evidence what area was transferred from each of the two plots, nor is there any evidence whether th..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......2 DLR (AD) 74 & Bajrang Rai and others Vs. Ismail Mian 1978 AIR Pat (FB) 339, Bangladesh Vs. Abdul Wadud 25 DLR (SC) 90, Bangladesh Vs. Israil Ali and others 1981 BLD (AD) 371, Bangladesh Vs. Jaheruddin 1986 BLD (AD) 180(182), Mst. Nurjahan Begum Vs. Giri Gopal Sarker 1979 BSCR (Vol. 3) 400 and Mst....... of the Code of Civil Procedure was filed belatedly with an application for condonation of delay. After considering that the date for the hearing was fixed within the knowledge of the parties and the evidence of P.W.1 that the date of hearing was within the knowledge of the defendants, the trial Cou..Category: Limitation Law | Date: | Hits: 271
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ...... 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......y end with a definite Judgment after an inquiry or a trial, or earlier according to the exigencies of the situation obtaining at a particular stage, and which involves, if need be, the adducing of evidence and the decision of the Magistrate on an appreciation thereof. They cannot be viewed in is..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ...............Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy......ntive measure survives, and that the acquittal was on technical ground, or on benefit of doubt or due to the witnesses' refusal to tell the truth for fear of reprisal from the accused or that fresh evidence that has been discovered would have secured a conviction, if produced. 25. Ordinar..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment ......PC will govern the field. 6. Mr. SC Das, learned Counsel for the pre‑emptor-respondents, submits, on the other hand, that there are no factual foundations laid by the appellant in his evidence as to whether Amalendu Dev, the allegedly left-out co-sharer, was a necessary party or a p..Category: Property Law | Date: | Hits: 85
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......ting the appellants. The defence further suggested that no occurrence took place in the manner, place and time as alleged by the prosecution. 4. Leave was granted for reconsideration of the evidence on record as a great doubt as to the truth o the prosecution case arises in the facts A c..Category: Criminal Law | Date: | Hits: 66
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......1978 BSCR 477 and SN Quddus Vs. Chairman, Labour Court, 33 DLR (AD) 12. Lawyers Involved: Rafique‑ul Huq, Senior Advocate (Mr. Khalilur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Appellant. Asrarul Hossain...... 13. The appellant‑Bank in its written statement before the Labour Court justified the order of dismissal. 14. The Labour Court found that respondent No. 1 could not adduce any evidence before the Court that he was victimised for his trade union activities. No finding was gi..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ...... 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......heir complaint to the Polling Officers for stopping the election and also their complaint dated 13 March, 1992 to the Election Commission; but in support of this allegation they could not produce any evidence except a written allegation to the Election Commission dated 13-3-92. The High Court Divisi..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......d acted within the rules of the RAJUK, and whether other co‑accused had any role in the transaction or whether they abetted the principal offenders are involved questions and can only be decided on evidence after juxtaposing the prosecution case with the defence of the accused. This is not a case ..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J AFM Naziruddin ....................Appellant vs. Mrs. Hameeda Banu........................ that the building was constructed by the appellant was, however, upheld. 6. The appellant now contends that the High Court Division misconstrued and misinterpreted Ext. 1 when on the evidence on record it is clear that the wife in normal course of relationship gave licence to the h..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......ithout any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......t time under Order VII, rule 11 CPC for rejection of the plaint. 9. The trial Court held that the plea of lack of cause of action, taken by the respondents, cannot be decided without taking evidence and as to whether the suit is barred by law, it said, "Admittedly the plaintiff has p..Category: Property Law | Date: | Hits: 81
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......g the view that denial of the transaction and violation of the terms of the implied agreement between the parties for payment of the dues might constitute offences which could better be examined on evidence. 3. Mr. Joynul Abedin, learned Advocate for the appellant, has referred to the com..Category: Criminal Law | Date: | Hits: 43
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