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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. ......entence passed by the learned Assistant Sessions Judge and Special Tribunal 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. ..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....ith the established principle regarding the appreciation of evidence. He goes on to say "None of them stated that they saw causing of the actual murder of the deceased, though some of them (had) scope to say so, if they had any intention to give false evidence. In this connection I should also ......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. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....l change the entire complexion of the suit, he contends. Also, there is a delay of 10 months in the prayer for amendment from the date of disclosure. The proposed amendment will widen and enlarge the scope of the suit and will saddle the appellants with the additional burden of adducing evidence on ...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......spose of the appeal or transfer it to the Court of an Additional Sessions Judge for its disposal. The appeal is allowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD)..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......he points raised by the learned Advocate for the appellants fail. Consequently, the appeal is dismissed and the order of conviction and sentence passed against the appellants are maintained. The bail granted by this Court on 1.9.85 is vacated and the petitioners are directed to surrender to the..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
.... The petitions are, accordingly, dismissed. Latifur Rahman J.- While agreeing with the order in the Review Petitions given by my learned brother ATM Afzal J, I would like to add few words on the scope of review. 11. The power of review of the judgment or order of this Court is provided und......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....o do the hearing of the suit No.111 of 1981 OC anywhere in any court competent to try the suit within the territory of Bangladesh and due order may be passed in that direction but without leaving any scope for future delay in the interest of justice". Thus it appears that the plaintiff agr......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....ppeal and the revision application arising thereof can not be made available to the accused persons by filing separate application to the Trial Court....... (20) The petitioner can not avail the scope of section 561 of the Code of Criminal Procedure to assail the judgment and order of the learn...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....the ballot papers alleging that in the absence of any complaint whatever to the Presiding Officer or even to the Returning Officer before the consolidation and declaration of the result, there was no scope for the Election Commissioner for re‑counting. The Election Commissioner then vacated his or......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... Whether delay can be condoned when an appeal is not filed within the period of limitation under the Special Law In Bangladesh there has been no amendment of the Limitation Act extending the scope of section 5 of the Limitation Act to special or local law which prescribes a different period...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....n respectful agreement with the views of Amin Ahmed, CJ in Re. Messrs Anath Bandhu Guha & Sons Ltd. reported in 7 PLR Dacca that the provisions of section 38 arc very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......appellant or that they had any ill motive to implicate the appellant falsely. We find no good reason to interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
...., in United Planters and Traders Ltd. Vs. Mosharraf Hossain Khan, 34 DLR 345, a learned Single Judge of the High Court Division held that the provisions of s. 38 are very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. .................................Respondent Judgment May 20, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); Section 498 Cancellation of bail In view of pending case and counter case the learned Judges of the High Court Division di..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
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. ......s from the date of his judgment and order. The accused petitioners in compliance of the order of the Appellate Court appeared before the District Magistrate, Manikgonj on 27.12.87 and got released on bail. The present rule has been obtained by the accused petitioners against the appellate judgment o..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....contrarily issued a false cheque for Taka 2 lakhs which was dishonoured. Even if, following the FIR that there were allegations of offence of cheating and forgery nevertheless, this Court has no scope to say whether such allegation was true or false or will be accepted by the Court or not. ...... 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. ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....ppointed by the Government does not mean the same thing as a dealer appointed by the Bangladesh Agricultural Development Corporation which is a Statutory Corporation and does not come within the scope of the term "Government". 6. Mr. Abdul Wadud Bhuiyan, the Additional Attorneyâ€......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....one but in the instant case when the defendant No.1 had already divested himself of the entire property by executing the registered sale deeds in favour of defendant Nos.2‑11, there is no scope of getting any unfair advantage by the plaintiff over the contesting defendant No.1 ......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......No.45 of 1984 and sentence of transportation for life awarded against appellants namely, Ataur Rahman, Amir Hossain, Mofazzal Hossain, Abdur Rab Bhuiyan and Siddique Sarkar is confirmed. 42. The bail of accused appellant Nurul Haque granted by this court on 30.6.95 is hereby cancelled and he is..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......reupon GR Case No.329 of 1985 was started against the said Md. Aslam Sarker under section 366 of the Penal Code. On 7.7.85 Md. Aslam Sarker and the appellant were arrested, but were later released on bail by the City Magistrate, Rajshahi. The appellant was allowed to go with him. After getting the a..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
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