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Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......he sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......effect "that the prosecution case is, to the effect that the questioned Muktipatras were executed by the accused persons in their own name and on their own behalf and that there is nothing in evidence to show that the executants of the said Muktipatras impersonated themselves as somebody el..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......nd let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......19 witnesses in all to prove the charge against the accused persons and the accused persons were also examined under section 342 of the Code of Criminal Procedure who again pleaded not guilty and led evidence. The accused Harish stated that he was assaulted by the police for making of confessional s..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......in to DG, BTV, that the evaluation report was physically handed over by Mr. Anisur Rahman, the then acting Chief Engineer, BTV, to Mr. Akmal Hossain, the then Information Secretary. There is no evidence in the Ministry’s file and also in the letter entry register that the original eval..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......nce of the plaintiff was filed and the High Court Division upon hearing the parties by judgment and order dated 2‑11‑98 remanded the suit to the trial Court for fresh decision on the basis of the evidence on record. It further directed the trial Court to allow the parties to adduce fresh evidenc..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......asi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......Council in the case of Md. Sayedul Arefin vs. YO Gafur reported in AIR 1916 (PC) 242 has held that Doctor's certificate is only in assertion of opinion. Final confirmation will be on the basis the evidence adduced at the time of trial. Doctor has not given any clear opinion. Their opinion varied..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ...... of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......st him in the appeal of Janata Tower Case. It is stated that he had firm belief that the said case was the product of conspiracy to harass and humiliate him with political motive by fabricating false evidence against him. He thought that he would be acquitted in the case upon proper appreciation of ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....nt passed by the Tribunal below and it is found that impugned judgment and order of conviction and sentence was passed on some materials having no basis and out of surmises and conjecture and on some inadmissible evidence. The learned Judge of the Bishesh Adalat mainly passed the impugned judgment a......ection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......amined as witness and the prosecution has not drawn attention of the alleged victim towards the 164 statement alleged to have been made by her before the learned Magistrate, which, in fact, is not an evidence at all. 7. Mr. ABM Waliur Rahman Khan, learned Assistant Attorney-General appearing ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......e set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......y, all the accused persons were examined under section 342 of the Code of Criminal Procedure and they again pleaded not guilty to the allegations brought against them. 6. Upon consideration of the evidence and other exhibited materials on record, the learned trial Court passed the above mentioned..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ......osite Party Judgment April 29, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Abdus Samad with Md. Bazlul Dabir with Shachira Hossain, Advocates- For the Petitioner ALM Asaduzzaman, Advocate- For the Opposite Party ...... effect from October, 1983 but the petitioner without paying the rental from the month of September, 1983 as per the increased rent filed this application. 4. The learned Controller after taking evidence of the parties and considering their submitted documents came to his finding that due to th..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ...... of the High Court Division. The petition is therefore, dismissed. Ed. ......ct praying for condonation of delay explaining the reason for the delay. The High Court Division after detailed discussion of the reason for the delay in filing the Miscellaneous Case and the oral evidence was satisfied with the explanation. 4. The High Court Division observed that ..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......thout any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ...... Adverse Possession The claim of adverse possession must be specifically claimed in the pleadings, hostile title must be asserted, adverse possession must be adequate in continuity, evidence must be adduced to show when possession became adverse so that the starting point of limita..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......r as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......roperty by the plaintiff appellant prior to the giving of the so called lease by the government in the above mentioned VP Case No. 15(JA) FU/76‑77, was based on proper consideration of the material evidence on record with reference to the case of the contesting parties and, as such, the learned Si..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......ever, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......ellip;…………………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. C......he facts are in doubt and not where the circumstances under which possession was assumed are known." We find, main consideration weighed with the Court is as follows: "There is no evidence whatsoever that before her marriage the appellant ever asserted that she had succeeded..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ......preme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J &nbs...... of deeds offer and they have since been in possession thereof. 3. Both the trial Court and the appellate Court on consideration of the facts and circumstances of the evidence on record came to the findings that the plaintiffs failed to prove their alleged title to a..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......e is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......ion whether it is an out and out sale or a deed of exchange becomes doubtful or confusing on the specific allegation made by the pre-emptor then the matter is required to be ascertained by adducing evidence in the trial court to find out the nature of transaction and to decide the case properly &..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ...... by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......sole plaintiff in the suit who was the exclusive owner of the suit land is not disputed by the parties. Petitioner disputes the identity of sole plaintiff Lal Mohon which issue can only be decided on evidence. It is also admitted fact that the defendant Nos. 3-5 are the wife and daughters of Lal Moh..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......Fazlul Karim J Rabeya Khatun........................Petitioner Vs. Md. Saidur Rahman ................Respondent Judgment February 19, 2002. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18 and 19 (1)(Ka) Purpose of the provision is to see wheth......same by filing the aforementioned Miscellaneous Case No. 90 of 1990 before the Assistant Judge on 18‑6‑90. This fact has escaped consideration of the courts below. The courts below considered the evidence of PW 1 who in cross examination stated that the respondent had deposited the rent withi..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......ivision without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ...... its administration and to effect and to determine the existence of the facts on which its operation depends. Similarly, fixation of the maximum rate of duty is not generally incited as equivalent to evidence of legislation. 21. The impugned notification Annexure‑C together with Annexure‑C..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......he prosecution examined as many as 15 witnesses and exhibited some papers in support of its case while the defence examined none. 4. The learned Additional Sessions Judge on consideration of the evidence on record found the accused-appellant guilty under section 302 of the Penal Code and senten..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
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