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The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
.... record the FIR on the plea that UD case had already been started. After a few days complainant PW 5 Mozaffar Hossain Mondal filed al petition of complaint, exhibit 2 on 15.9.81 in the Court of Sub‑Divisional Magistrate, Bogra, Subsequently on receipt. of the post mortem report the First Informati......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......an adverse inference against the accused under section 105 read with section 106 of the Evidence Act. 7. In his appeal before the High Court Division the respondent took a ground that the Sessions Judge erred in law in finding that the husband was at home on 30.7.81 and also in the night of occur..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......reful consideration of the evidence of eye‑witnesses, it is very difficult to rely upon their evidence in view of the glaring omissions and contradictions in their testimonies in court. The learned Judges of the High Court Division have not considered the material discrepancies, contradictions and..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......oyee of one Jute Mills to another Jute Mills, both being placed under it, under the provisions of Bangladesh Industrial Enterprises (Nationalisation) Order, 1972—P.O. 27 of 1972. A learned Single Judge of the High Court Division, by an order dated 1 April 1986 in Civil Revision No. 106 of 19..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......s person, three of which were on the head. After completion of investigation Police submitted charge-sheet and eventually the respondents were put on trial in the First Court of Additional Sessions Judge, Mymensingh to answer charges under section 302/34 and 148 of the Penal Code. 4. Twelve (..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......y Nowab Ali, Advocate-on-Record, — For the Respondent. Criminal Appeal No. 20 of 1986. Judgment: Shahabuddin Ahmed J. - In this appeal by special leave an order of the Additional Sessions Judge, Jessore, dated 5 March, 1983 convicting the four appellants under section 302/34 of the Penal..Category: Criminal Law | Date: | Hits: 53
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......al is allowed. The appellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......y the appellant that in spite of several extensions of time for investigation the charge-sheet has not yet been submitted. The appellant unsuccessfully moved the Upazila Magistrate and the Sessions Judge, Natore for bail. The High Court Division, Rangpur Bench also refused the prayer for bail on t..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ...... 323, Penal Code. Prosecution examined 12 witnesses and tendered 4. 6. Defence case was one of denial and false implication of the accused out of enmity. 7. The learned Additional Sessions Judge,5thCourt, Mymensingh, by judgment and order dated 15.8.81, acquitted all the accused of the ch..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......h Court Division Dhaka in revision rejecting summarily the appellants' application for simultaneous trial by the same court of two sessions cases being No.4 of 1988 pending in the Court of Sessions Judge, Dhaka and No.5 of 1987 pending in the Court of Sessions Judge, Munshiganj. 2. Appellant No..Category: Criminal Law | Date: | Hits: 48
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
.... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ......ain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 42 of 1986. Judgment: A. T. M. Afzal J. - This appeal by leave is from order dated 17 September 1986 passed by a Single Judge of the High Court Division, Dhaka summarily rejecting the petition of appeal of the appell..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......ine is sustainable in law. The impugned order of the High Court Division is dated 5 April 1988 made in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicted by the Divisional Special Judge, Rajshahi, by an order dated 16 September 1987 and sentenced to rigorous imprisonmen......ustainable in law. The impugned order of the High Court Division is dated 5 April 1988 made in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicted by the Divisional Special Judge, Rajshahi, by an order dated 16 September 1987 and sentenced to rigorous imprisonment for 5 ..Category: Criminal Law | Date: | Hits: 56
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......No. 75 of 1984. Judgment: A.T.M. Afzal J.- This appeal by special leave arises from judgment and order dated 11 March, 1984 passed analogously in Civil Orders No. 61 and 62 of 1984 by a Single Judge of the High Court Division (Chittagong Bench) summarily rejecting two revisional application..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......for eviction of the said defendant from the remises as a monthly tenant and realisation of arrear rent. The suit was decreed by the trial court but the decree was reversed in appeal. A learned Single Judge of the High Court Division, Rangpur Bench, by the impugned judgment and order dated 15th Nov..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......an J A.T.M. Afzal J Awlad Hossain ......................................Petitioner Vs. Haji Monwaruddin Ahmed & ors.........Respondents Judgment July 4, 1988 Civil Petition For Special Leave to Appeal No. 102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Pr......it on a different ground. It is that while filing the Writ-petition before the High Court Division the petitioner simultaneously filed a civil suit, T.S. No. 21 of 1988, in the Court of Subordinate Judge, Munshiganj, seeking the same remedies including an Injunction against the holding of fresh el..Category: Election Law | Date: | Hits: 126
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......er did not create any right in favour of the appellant Society as it was stayed by subsequent order mentioned above and it was never acted upon or followed by either of the parties. 7. The learned Judges of the High Court Division who heard the Writ Petition held that the appellant Society go..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ......ssed the case. The court of appeal below upheld the decision. Respondent No.1 filed a Civil Revision Application in the High Court Division being Civil Revision No.36 of 1983 and the learned Single Judge of the High Court Division allowed the pre-emptor's prayer on 29th January, 1984. 5. Leave ..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......t Nos. 1& 8. Respondents Nos. 2-7 and 9-57 (gha)-Ex-parte Civil Appeal No. 41 of 1985. Judgment: Fazle Munim CJ.-This appeal arises from Civil Revision No.195 of 1982 decided by a Single Judge of the High Court Division, Dhaka (Ranadhir Sen, J;) on 14th February 1983. 2. Plaintiff-re..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....quittal passed by a Magistrate, First Class and confirmed by the High Court Division in appeal namely, Criminal Appeal No. 61 of 1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement o...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......un alias Tahmina Khanam, Defendant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 1987. Civil Petition for Special Leave to Appeal No. 302 of 1986 The Code of Civil Procedure (V of 1908), Order XXI In ......dgment-debtor (defendant No.4) is the petitioner. She is challenging an order of the High Court Division dated 3 September 1986 setting aside an order of the Executing Court, namely the Subordinate Judge, who had directed the appointment of an Advocate Commissioner to ascertain the value of a ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ...... High Court Division, Barisal (Mr. Justice M.H. Rahman and Mr. Justice Syed Misbahuddin Hossain) on 2nd September 1984. 2. Appellant filed Title Suit No. 15 of 1984 in the 1st Court of Subordinate Judge, Barisal for declaration of title and confirmation of possession in the suit land. Appellant..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
.... Magistrate to send the case to him for trial when the Magistrate dismissed the complaint under section 203 of the Code. 2. The matter has arisen from C.R. Case No. 420 of 1980 of the Court of Sub-Divisional Magistrate, Shariatpur, along with G.R. Case No. 106 of 1980, corresponding to Sessions......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......dence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismissed in this case on an erroneous view of law, the only course for the Sessions Judge was to direct further enquiry under section 436 Cr. P.C..………………(7) Lawyers Inv..Category: Criminal Law | Date: | Hits: 75
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