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State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....bable witnesses. Those witnesses testified in one voice that, accused Mohammad Khan gave the fatal blow at the place of occurrence surrounding the victim while he was fleeing to escape. To decide the time of occurrence on the basis of semi-digested food found at the abdomen is not proper as it may d......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....hus: — "The courts below came to the finding that the pre-emptor petitioner waived his right on the evidence adduced by the opposite parties as to the conduct of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that th......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
....ngthy confessions were allegedly recorded by the Magistrate. It indicated that neither the accused were properly examined as required under the law before making confession nor they were given enough time for reflection. The learned Judges also noticed that the confessional statements were recorded ...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....le granting leave to appeal from that order we, by our order dated 14 January 1986, released them on interim bail expecting that the revisional application would be disposed of within an reasonable time. Over 4 years have passed since then, but the matter is still pending before the High Court Div......order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ..Category: Criminal Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....en adopted by Mr. Syed Ishtiaq Ahmed and Mr. M. Nurullah, has contended that Rule 6, particularly the provisions in sub-rules (1A) and (1B) are meant for an election which is to be held for the first time, and not to an adjourned poll, and that for governing an adjourned poll a specific provision ha......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...Category: Election Law | Date: | Hits: 163
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
.... lease-deed Ext.4 he was very busy, that on that day, 24 July 1983, many other Lease Deeds were executed by him and that by inadvertence he executed Ext.4 putting his signature thereon. Again, at the time of examination under s.342, Crl. P.C all the incriminating facts appearing in the evidence we......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....Thereafter he dealt another dagger blow on the chest of the informant Bazlur Rahman but it did not hit him as he took a turn and the dagger struck him on the left arm causing grievous injury. At that time P.Ws. Meser Ali, Majiruddin, Samad, Majibar, Joynal, Jahiruddin, Awal and many others were pres......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....He opened irrevocable letter of credit for import of 500 metric tons of sugar from South Korea and eventually the sugar in question arrived at Chittagong Port on 24th November, 1984. 5. In the meantime on 6th November, 1984 this concessional rate was withdrawn by the Government and it was levia...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
.... only one court which was created by the Constitution under Article 94 namely, Supreme Court of Bangladesh comprising the Appellate Division and High Court Division. This notification was issued at a time when Martial Law was in force in the country and by Martial Law dispensation two courts were cr......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....en some omissions made by the trial Court in not considering a piece or pieces of evidence would hardly afford a valid ground for sending the case on remand for writing a proper judgment. It is about time that the Courts of first appeal become a little more practical and take note of the congestion ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....transaction of loan was denied by the appellant, but on evidence the trial Court decreed the suit for this amount along with interest. The decree has been challenged in the first appeal. In the meantime respondent filed Money Execution Case No. 19 of 1989 for realisation of the decretal amount. Th......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....dants had no title to the suit land on the date of filing of the said suit for eviction. But after the decree they continued to occupy and possess the suit land as tenants. The appellant in course of time became full 8-anna owner of the suit land upon the successive deaths of the other heirs of Ra......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....revenue budget and remaining 684 personnel would be transferred to the revenue budget by surrendering same number of vacant post from the revenue budget of Ministry of fisheries and in the meantime some of them already have been transferred to different revenue posts by the ministry of fish&......ion in disposing of Writ Petition No.6073 of 2005 directing the writ respondent-petitioners to pay the arrear salaries and other benefits of the writ petitioner-respondents in the national pay scale with effect from 17 March 2003. 5. Civil Petitioner for leave to Appeal Nos. 989 and ..Category: Employment/Service Law | Date: | Hits: 56
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
....dministrative Tribunal has the power to order for promotion with seniority and thus it is open for the writ petitioner to get justice from Administrative Tribunal in due course, though it may take time. Time factor cannot be a ground for invoking writ jurisdiction for seeking relief in serv...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....Hossain in respect of the land of 'Kha' and 'Ga' schedule was never acted upon, nor it was treated as a deed of transfer by any of the parties to the deed, that Izzatullah Chowdhury during his life time was in possession of all the disputed property through bargaders, that plaintiff No.2 while s......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....tioner within 2(two) months after such gazette notification" but inspite of the above the respondents failed to comply with the above direction of the High Court Division within the specified time for final assessment and make payment of compensation to the petitioner; the petitioner also s......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
....the offence of rape charged against the accused appellant under Section 9(1), in our view, has also failed for the reasons that the victim girl Bithi (P.W.2) was 15 years of age at the material time and there was no sign or marks of violence on the private part or on any other part of h...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.....W.1 was held and warrants upon the witnesses were issued. 7. It further appears that on 14.10.2003 two witnesses were produced by the prosecution but the accused petitioner prayed for time and as such the said witnesses could not be examined. We have also examined the impugned ...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ixed for 17.09.2003 where the price of the property went up to Tk.5,26,00,000/- and on both the occasions the bids were rejected being inadequate and thereafter tender was invited for the 3rd time for auction sale of the property to be held on 20.11.2003 and on this date the price increased......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....r of a review petition for restoration. 4. The trial Court found that the appellant had been depositing the monthly rent of the suit premises to the Abandoned Property Authority in lump from time to time and the property was released in favour of the plaintiff by an order dated 26-11-81. H......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 33
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