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Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....was a colleague of the deceased Mukul who was himself a retired police officer. The Investigating Officer put the appellant to illegal detention at his own house for 5 days and obtained the judicial confession by torture, beating, threats, intimidation and inducement. The learned Additiona....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....al is allowed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code o...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....Judge, 2nd Court, Sylhet set aside the order of dismissal of the complaint by his judgment dated 8.9.83 and directed further enquiry into complaint. In pursuance thereof the concerned Magistrate held judicial enquiry and took cognizance of the offence in C.R. Case No.568 of 1983 under Sections 147/1...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....mmission of the offence. Evidence of identification with this and in view outside the Court is relevant under section 9 of the Evidence Act but this is not substantive evidence as it is made in extra-judicial proceedings and not made on oath. This can however be used for corroboration or contradicti......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....ourt subordinate to it and competent to try or dispose of the same." Mr. Farmanullah Khan, the learned Advocate could not cite any authority that the grounds taken by him is accepted by any judicial authority as sufficient ground for transfer of a case from one station to another station w......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....ourts below and the evidence on record has contended that the learned Additional District Judge has erred in law in reversing the judgment and decree of the learned Munsif and had failed to apply his judicial mind to the facts and circumstances of the case and specially that of the Pleader Commissio...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....egarding the same incident whereupon the learned Magistrate examined the complainant on oath and transferred the case to another Magistrate for holding Judicial enquiry into the matter. When the judicial enquiry was being held the complainant was found absent consecutively for two days i.e......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....l right to preempt, that in the facts and circumstances of the case the petitioners are vitally interested in the result of the suit and that for the ends of justice in order to avoid multiplicity of judicial proceedings, the pre-emptor petitioners should be added as defendants in the suit with a vi......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....t by its manager i.e. by Mutawalli or Shebait or Mohant, etc. Insertion of Articles 134 A, 134 B and 134 C in the Limitation Act by Amending Act 1 of 1929 is only a legislative recognition of a sound judicial decision based on the well-known legal maxim that prescription does not run against a perso......ndents The 21st October, 1984. Let the matter be heard and disposed of By Mohammad Abdul Jalil, J. Badrul Haider Chowdhury, J. 21.10.84 Senior Judge, Performing the functions of the Chief Justice. [Judgment by the third Judge agreeing with the decision of F H...Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
.... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54. ...... to be discharged in consequences of this order shall be taken, performed or discharged, as the case may be, by Liquidator appointed by Government on this behalf, who shall, in the performance of his functions and discharge of his responsibility be under the control of the government. ..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ct…..(9) Under section 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding the truth of facts which it states, when the witness is dead or cannot be found ......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117. ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....rea as the Government would deem fit and necessary. The particulars which are required to be incorporated under those draft record-of-rights have been mentioned in the rules framed for the purpose. A judicial notice can be taken that the draft or the revised khatians that were directed to be prepare......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....ainst the accused petitioner U/Ss.193/207/448/403/467 of the Penal Code. 13. Section 193 of the Penal Code is in respect of giving or fabricating false evidence intentionally in any stage of a judicial proceeding. The facts narrated in the petition of complaint do not at all bring the alleg......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......ed a temple on the burning place of the dead body of their father, installed the deity and gifted the suit property orally and handed over possession to the deity. They used to perform puja and other functions, and subsequently, they appointed one Hemangini Guha as the Shebait. The Suit land was cor..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......ot interfere with the finding of fact on the ground that upon the document and evidence placed before the lower Court, the High Court would have come to a different conclusion... The High Court's functions are completely circumscribed by the provision of the statute passed for the express p..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
.... or circumstantial evidence to prove that the present appellants committed the murder of Jitendra. 8. The learned Additional Sessions Judge based the conviction and sentence solely upon an extra-judicial confession of only one of the accused, namely, accused Sudhir without any proof that Sudhir......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....ves a substantive right to the appellant to be heard on merit and without disposing the, appeal on merit it cannot be said that the learned Additional District Magistrate at all applied his judicial mind to the materials on record. The spirit of second amendment (Ordinance No.XXI...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1