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Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On consideration of evidence, oral and documentary, and the attending circumstances, both the trial Court and the appellate Court came to a finding that Ram Pro......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ces in which direct evidence of an incident, that is, evidence of eye-witnesses, has been rejected by the courts in view of it's being incongruous with natural course of events, human conduct and attending circumstances. In the case of Abdur Rashid Khondkar Vs. Chandu Master and others, 16 DLR (......of the evidence of this witness." 28. In Panda Nona Vs. State of Maharashtra, AIR 1979 (SC) 697 the explanation of the sole eyewitness for his concealing the name of the assailant before the two doctors and the brother of the victim was that as the accused was his sister's husband, he did not w..Category: Criminal Law | Date: | Hits: 74
Abul Khair Vs. State, 2005, 34 CLC (AD)
....ance of others the matter ended without any serious consequence; from there the victim, with other members of the Salish, went to the house of Salamat Khan, the chairman of the Union Parishad, for attending another Salish and the said Salish commenced at 10 P.M; after the said Salish while the v......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... prosecution which must raise the first streak of doubt as to the alleged dying declaration. 19. Secondly, if the statement was really recorded in the hospital why no one from the hospital, i.e. doctor, nurse, attendant, etc. is a signatory to the said statement? Why the statement is attested b..Category: Criminal Law | Date: | Hits: 44
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....y served on the petitioner (in the Miscellaneous Case).The High Court Division finally held "that there were sufficient causes for defendant No.2 (appellant) A. Malek Meah preventing him from attending the court on the date fixed for hearing and due to default of any step by him Title Suit ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 112
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....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. ......and extracted the iron made chal consisting of three kata from the left side of the chest of the deceased. The Doctor found injury measuring (a) 1-1/4' x 1-1/2" X 6" each; (b) 1" x 1/2" X skin. The doctor opined that death was due to shock and haemorrhage as a result of the injuries which are an..Category: Criminal Law | Date: | Hits: 117
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....nts have produced papers showing that there was heavy polling in all these three Centres. One of the allegations of the appellants is that their voters were prevented by the rival candidates from attending the polling stations. If this is so, then there was no confusion as to where the voters ......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
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
.... to herself and for her husband and never demanded any share or directorship of the respondent No.1 at the time of her subscribing in the Memorandum and Articles of Association and at the time of her attending the meeting of the Board of Directors. It may further be stated that the certificate of ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
....Hospital to produce the Emergency Medical Register dated 3.4.1988 in order to prove the injury and illness of Sultan Ahmed, full Brother of the informant, who was medically examined on that date by attending Doctor U.S. Chakma and duly recorded in the register entry No. 3/ 2004 dated 3.4.1988 of ......o. 1185 of 2003 affirming those dated 2.4.2003 of the learned Additional Sessions Judge, Chittagong in S.T. Case No. 19 of 1990 rejecting the prayer of the accused-petitioner to issue summons upon doctor and production of medical register of the Dolahazara Hospital. 2. Upon completion of t..Category: Criminal Law | Date: | Hits: 51
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
....abul Akhter and the owner of the neighboring studio one Asad took the deceased in a scooter to Surhrawardi Hospital for treatment and then he was taken to Dhaka Medical College Hospital where attending doctor declared him dead. The injured driver was being treated at Dhaka Medical Coll......r and the owner of the neighboring studio one Asad took the deceased in a scooter to Surhrawardi Hospital for treatment and then he was taken to Dhaka Medical College Hospital where attending doctor declared him dead. The injured driver was being treated at Dhaka Medical College Hospit..Category: Criminal Law | Date: | Hits: 31
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....no.4,Nargis Mannan and one Abul Bashar Bhuiyan were nominated to represent the original directors (Annexure-C). Since then the appellants as alternate directors had been receiving notices for attending meetings of Board of Directors. But by four separate letters dated 8.5.2001 the Banglade......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ...... 32(1) of the Evidence Act. Mr. Mainul Hosein, learned Counsel for the appellant, contends that this dying declaration is not reliable since it was recorded by a Police Officer and in presence of a doctor both of whom had grudge against the appellant's husband. It is further contended that the dyi..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......nnexed to his Writ petition a succession-certificate (Annexure-B) with respect to some debts sought to be collected by him; a photostat copy of a death certificate (Annexure-D) of his father from a doctor showing that he died on 6.12.1971 due to heart failure. As the only heir of his father the ap..Category: Property Law | Date: | Hits: 32
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....ness even if he is declared hostile, the whole of his evidence affecting the parties, favorably of unfavorably should be considered and that if the evidence of the hostile witness fits in with the attending circumstances it may be accepted and considered along with other evidence. 14. In......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......g as well as keeping him into a ditch and this fact appears to have not been challenged by P.Ws has been cross-examined by the defence. The mere fact that the prosecution did not examine the doctor may not vitiate the charge. Since all the private P.Ws in a voice said about beating of t..Category: Criminal Law | Date: | Hits: 52
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......) the investigating officer contradicted himself stating that he himself recorded the statement and Dr. Asadul Huq (P.W.7) was mere a witness and not the recorder of the dying statement, P.W.7 the doctor in his deposition that the dying statement was not written by him at all and he simply put h..Category: Criminal Law | Date: | Hits: 25
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
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