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Displaying 401-420 of 1965 results.
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....o a vendor of immovable property on the basis of an agreement to transfer by the vendee at the time of sale is assignable. But Mr. Matin has pointed out that the learned Subordinate Judge has taken a partial and one‑sided view of the decision cited above and has failed to notice some very material...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ...... alia, that there is a kabinnama showing marriage of the girl with the accused out of her free will and in case of kidnapping offence committed if the victim girl is below 16 years of age and, as per prosecution’s own admission, the girl is above 16 years of age therefore she was not a minor but a..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ...... Latifur Rahman J.- This appeal calls in question the judgment of the High Court Division, Comilla Bench, passed in Criminal Appeal No. 137 of 1988 refusing bail of the appellants. 2. The prosecution case, in brief, is that the accused appellants were caught by the Law Enforcing Agencies..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......AD) 95, 31 DLR (AD) 69, 30 DLR (SC) 28, 35 DLR 100, argues that on the facts disclosed in the FIR and charge sheet, no prima facie case is made out against the petitioner and for that matter, further prosecution will be an abuse of the process of the Court, as the petitioner being the former Preside..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....quently an additional loan of Taka 3,00,000.00 was also sanctioned. The petitioner company provided 50% of the total investments as equity as per terms of the sanction letters and the Mill was put to partial operation in October, 1970. During the War of Liberation of Bangladesh the mill was badly da......Act, no order made, direction issued or proceeding taken under this Act, or purporting to have been so made, issued or taken as the case may be, shall be called in question in any Court, and no suit, prosecution or other legal proceeding shall he against the Government or any person for anything in ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ...... from its very nature, there could be no eye‑witness of the occurrence, apart from the inmates of the house who may refuse to tell the truth. The neighbours may not also come forward to depose. The prosecution is, therefore, necessarily to rely on circumstantial evidence. There is nothing on..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ...... course, these four accused were put on trial before the Additional Sessions Judge, Pabna, on a charge under sections 302/34 of the Penal Code for committing the murder of the Chairman, Mofizuddin in prosecution of their common intention. They pleaded not guilty taking the defence that the Chairman ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....r 1, 1990. Result: The Appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII Of 1951), Section 96 Whether the "doctrine” barring partial pre‑emption stands in the way of getting pre‑emption of four out of five holdings, trans......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......Judge, Dinajpur, by an order dated 8 August 1983. The learned Sessions Judge found that the training of the charges against the appellants was not proper and that on conclusion of evidence led by the prosecution they were not examined under s. 342 Cr.P.C. On this finding the learned Sessions Judge a..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......stituted. The provisions of this rule do not also exclude the operation of the provisions of Order XXII of the Code. They would apply only where the provisions of Order XXII pose no difficulty in the prosecution of the appeal. In order to exercise the powers given by this rule, all persons to be aff..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ...............Respondent Judgment August 20, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 137 Whether contradiction in the evidence of prosecution witnesses entitles the accused to an order of acquittal when there is his clear confessi..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ...... against the judgment and order of conviction and sentence passed by Mr. Md. Abdul Hannan, Assistant Sessions Judge and Special Tribunal, Narayanganj in Special Tribunal Case No. 1 of 1987. 2. The prosecution case as given by informant Mahibul Islam constable No. 605 at Tan Bazar Police out‑pos..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......used, without framing any charge, under section 241A of Criminal Procedure Code, merely on the plea of alibi that they were at different places at the the of Commission of the offence, alleged by the prosecution. 2. Accused-respondents, 15 in number, were charge‑sheeted by the Police on the ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......n those cases. In his FIR also he narrated the entire occurrence in details naming the respondents and alleging the aforesaid motive as the cause of murder of his brother. 9. At the trial prosecution examined 9 witnesses and tendered 6 others. Of them P.Ws.2‑5 are eye‑witnesses of th..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ...... submitted charge-sheet. Altogether 10 accused persons were charged under section 146 of the Penal Code and the 2 appellants were charged under sections 148 and 302/34 of the Penal Code. 4. The prosecution examined 7 witnesses, although as many as 19 witnesses were cited in the charge sheet. 5..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......ision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were not witnesses in the charge sheet prosecution can not be allowed a chance to plug the holes and fill up the lacuna in its case. It was..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....judgment and decree dated 20.3.86 affirmed the decision of the Trial Court of all the points, dismissed the appeal and the cross objection. The learned District Judge held that this was not a case of partial pre emption. D.W.1, son of respondent No.1. merely stated in his evidence that by another ka......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
.... evidence may be supplemented or supplanted by use of chemicals like phenolphthalein or some other advanced devices for tracking crimes the practice of utilizing Magistrates in traps, for inspiring impartiality and credibility to the recovery of bribe money in corruption cases, is not likely to be d......roboration and Equally there may be cases where the Court may accept the evidence of the trap witnesses. In the instant case the trial Court as well as the Appellate Court unhesitatingly accepted the prosecution evidence as to the acceptance and recovery of the bribe - There is no evidence on record..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ...... a duty on the court to question the accused properly and fairly so as to bring home to him the exact case. It is intended for the protection and benefit of the accused and not in order to enable the prosecution to find out materials to support the prosecution case.33 DLR 101 and 28 DLR 103 cited ....Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ......to execute the kabala in favour of the proposed vendee. After this decision of the Settlement Court the dispute between all the parties including the Government stood finally settled and therefore no prosecution could lie. 5. Mr. Abdul Malek further represented that the proceeding of the crimin..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
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