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Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......der as to costs. Ed. ......reasons for non‑appearance of the defendants and found them to be sufficient, if not by express words, but by necessary implication. Since the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed w..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......er and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......1 of the Code of Criminal Procedure but in the said statements none of the witnesses stated anything implicating any of the appellants with the murder of Nurul Islam and there being no prima facie evidence involving the appellants they are entitled to bail and refusal of their bail amounts to n..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ...... The appeal is allowed with the modification set out above but without any order as to costs. Ed. ...... decisions of the courts below and send the case back on remand to the Trial Court to dispose of the suit in the light of the observations made above. He will be at liberty to take such additional evidence as may be required for the disposal of the suit over and above the evidence already on rec..Category: Others | Date: | Hits: 142
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......e the following points:— (1) Whether an accused public servant falling in the category mentioned in section 197, Cr. P. C. is entitled to protection under the section before any evidence whatsoever is let in, suggesting that the said public servant was engaged in the discha..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ...... In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......e convicted the other two accused under section 147 and sentenced each of them to rigorous imprisonment for one year thereunder. 4. On appeal, the High Court noticed that there was no direct evidence that appellant Tozammel fired at the two persons, causing fatal injuries, so the High Cour..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......t of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......ed certain derogatory words which amounted to gross contempt of court and those words were repeated by Haji Jalaluddin Ahmed. The High Court has clearly held that the above allegations were proved on evidence adduced by the complainant-respondent Mainuddin Ahmed. In view of the facts, circumstances ..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ...... below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......cted in broken condition on the next morning. The defence was that the co-accused Saheb Ali had started a case against the informant for damage of crops and hence the false implication. On hearing evidence, the Magistrate acquitted the accused of the offence under section 380 P.C. but field them ..Category: Criminal Law | Date: | Hits: 74
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......e case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......f the same in assertion of their title thereto. The learned counsel has not disputed this proposition of law. He has however, submitted that in the instant case the trial court considered the evidence in a perverse manner which resulted in an erroneous decision and that the decisi..Category: Criminal Law | Date: | Hits: 66
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......e Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......ion had ripened into valid title in his favour after the expiry of the statutory period of 12 years. 4. After hearing, the learned Subordinate Judge came to the finding, on a consideration of the evidence that Md. Asim acquired valid title to the disputed property on the basis of the dead of exc..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......ecord. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......eator of the wakf dealt with the subject of dedication, and then comes the question how the properties were dealt with subsequently by others after his death. He complains that there is hardly any evidence of wakf acting hostile to wakf, or that it was not acted upon. He submits that if wakf is v..Category: Trust/Waqf Law | Date: | Hits: 239
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......ances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ......aforesaid suits were binding on defendant No. 1 regarding this claim of title. As regards plaintiff's title, he differed with the trial Court on the presumptive value of Khatian and treated it as evidence of title as well. He thereafter considered the oral and documentary evidence of both the ..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......ed to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......all, after giving the contesting candidates and such other candidates against whom an allegation, if may, of any corrupt or illegal practice is made an opportunity of being heard and taking such evidence as may be produced before it, make such orders as it may think fit: Provided that the T..Category: Election Law | Date: | Hits: 122
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......y dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......warrant of arrest and the accused appellants surrendered to the process of the Court. Mr. B. Hossain further argued that the proof of an offence complained of will depend on the totality of facts. No evidence has yet been gone into. It is, therefore, too early to ask for quashment of the proceedings..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......d, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......W. 3 Noor Mohammad Mondal, P.W. 4, Afazuddin Biswas and P.W. 5 S.I. Abdul Bari were examined in respect of recovery of the incriminating articles. 4. The learned counsel argued that the only evidence against appellant Abdur Razzaque is that he made a statement to the Off..Category: Criminal Law | Date: | Hits: 64
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ...... confine itself to asking whether at the preliminary stage of the proceedings, want of jurisdiction could have been established. Facts which cropped up at a later stage, even though established by evidence, must be ignored". 14. The proposition as has been enunciated above appears to have b..Category: Alternative Dispute Resolution | Date: | Hits: 258
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......also Reported In: 28 DLR (AD) (1976) 5. ......e petitioners were the owners of the contiguous lands and whether the application was barred by limitation. On both the points stated above, the learned Munsif found, on a consideration of the evidence on record, in favour of the appellants and allowed their application for pre-emption. On ..Category: Property Law | Date: | Hits: 54
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... ballot papers, non-production of some will not render the ballot papers produced inadmissible. Mr. Karim's contention that non-production of all ballot papers has rendered the papers produced inadmissible cannot be sustained. That does not however support the submission of Mr. Chowdhur......n of the High Court Division. The appeal is therefore dismissed with costs. Ed. ...... appellant as the chairman of Chingrakhali Union Parishad, P.S. Morelgong, Khulna held under the Union Parishad and Pourashava election rules, 1974 was declared void. 2. Parties called their evidence and also the Tribunal requisitioned ballot papers from the authority but all papers were ..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......ost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......in terms of s. 8 of the Act. Incidentally section 36 and other sections of the Act were considered. Another question was the maintainability of the suit under section 37 of the Act. The High Court on evidence, held that there was fraud before, and, after the sale, and so the title was found in favou..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......l is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......nt and within time, (3) that the learned District Judge did not act as a "persona designata" (4) that acknowledgment by the late Md. Amir Ali Mia of the respondent No. 1 as his son is substantive evidence that the respondent No. 1 is his legitimate son and (5) that the appellant if so advised, ..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......cording to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......ellant objection that on the principle laid down in the section 98 of the Evidence Act that parties should not be allowed to travel beyond the contract embodied in the deed of kot-mortgage and adduce evidence in support of the fact trial the land mentioned in schedule I (kha) to the plaint were in f..Category: Property Law | Date: | Hits: 64
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