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Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
.... which can be considered only on evidence during trial. The learned Counsel further contends that even if the plea of alibi of two accused is accepted, there is no reason why the remaining 13 accused persons would be discharged. 4. Section 241A Cr.P.C. empowers a Magistrate to discharge the ac......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......o.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......s are not necessary parties in the facts of the present case. The High Court Division found that appellant Nos. 1 and 2 have not made any specific averments to the effect that they are directly interested in any manner in the suit land. They are not claiming through the defendants of the prese......al is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....: The impugned judgment and order are set aside. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 When Appellate Division can convert an order of acquittal of the accused persons by the High Court Division agreeing with the decision of the trial court by reviewing the ev......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. ......rected to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......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
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... and we think rightly, a contention of the respondent that their services are governed by Article 135 of the Constitution. They are not protected under Article 135 of the Constitution as they are not persons in the service of the Republic. Mr. A Baset Majumder has referred to Act XLI of 1974 which p...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......s Case is also Reported in: 43 DLR (AD) 154. ...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
....halas". Thereafter appellant No.1 Abdul Hye injured deceased Abdul Aziz in the lower abdomen with a katra and appellant No.2 Motaleb struck Aziz with a sharki on his left shoulder. Other accused persons beat the informant and injured him. P.W.3 Sharbat Kha, P.W.5 Sekandar Kha, Sekandar Bari, Ja...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ......he conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
.... purchased the said land from the aforesaid 3 brothers. Plaintiff also filed a certified copy of the registered deed No. 1136 which is marked as Ext. 2. By this document the father of the aforesaid 3 persons made Heba Bil Ewaj in favour of his 3 sons. Ext. 3 is letter of Chunilal and Ext 3(a) is his......before the date of the order of liquidation.
24. In this respect Mr. Mahmudul Islam submits that in PDR Act the proceeding was started and ultimately in 1965 the sale took place. If any person was interested in the property, he ought to have come for setting aside the auction sale or for declarat......dant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....ddin Vs. Md. Adiluddin Sheikh and others 33 DLR 88 cited. Section 522 of the Code of Criminal Procedure says that the order for restoration may be made by the Trial Court when the convicting the persons dispossessing the complainant or at any time within one month from the order of conviction. ......rs to be that the sentence of fine may affect the properties falling in the hands of the legal representatives of the accused and in such circumstances the legal representatives of the accused may be interested in proceeding with the appeal to protect their interest. Indu Kuri Suryanarayana Raj......ion Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... 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
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....rs of the public, in whom such behaviour might be excused or even regarded as fitting, but it cannot possibly be otherwise than harmful to the mentality and judicial capacity of a magistrate or other persons holding judicial office, and it would necessarily be injurious to the position of the judici......s trousers. 3. Appellant's contention is that in this case all the witnesses are either trap or decoy witnesses and the recovery of notes from the accused has not been corroborated by any disinterested and independent witness. It is further contended that the Magistrate who accompanied the ......d. 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. ......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. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....within time of the period of limitation of three years started from the time when the right to apply accrued. 26. The law of limitation is intended to put an end to litigation. It requires that persons must come to Court and take recourse to legal remedies with due diligence. The Limitation Ac......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. ...... appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......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
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......87 of 1954 being baffled in that partition suit, created a collusive kabala in the name of his cousin, the plaintiff. 4. The Trial Court decreed the suit. After keeping aside the evidence of the interested witness, PW 1, the brother of the plaintiff and PW 3, plaintiff s chowkider, but consider......s allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
.... Commission on 1.4.90 stating that after recounting no difference was found in 83 centres and that he could not recount ballots of four centres as by that time at the instance of interested person or persons there was tampering and removal of ballots. Thereafter the Chief Election Commissioner by or......eport to the Election Commission on 1.4.90 stating that after recounting no difference was found in 83 centres and that he could not recount ballots of four centres as by that time at the instance of interested person or persons there was tampering and removal of ballots. Thereafter the Chief Electi......der of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....n that altercation Victim Modeb was killed by a gunshot injury at about 5.30 AM on 26.6.88. On the next day a First Information Report was lodged by Mainuddin Faraji, brother of the victim against 15 persons including the present appellant Bakul Howlader. The primary allegation in the First Informat......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. ......ed 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. ......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. ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....iting out a fresh judgment in the light of the observations made in the body of the Judgment. He observed that if the learned ADM takes the ejahar into evidence by recalling any witnesses the accused persons shall get a lawful chance to cross‑examine the witness and the accused persons are to be e......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. ......levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......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. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....s given in "The Oxford Advanced Dictionary of Current English" (Third Edition, twenty‑fourth impression, 1986) are (1) power to govern, (2) method or system of governing, (3) body of persons governing a state. In Stroud's Judicial Dictionary, Volume 2 (Fifth Edition, 1986) at pa......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. ...... 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. ......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)
....w people sign in the same manner on all occasions, (2) expert opinion on the genuineness of the signature should be received with great caution especially in a case when there is positive evidence of persons who saw a person sign, (3) All the test evidence by the expert in the matter of comparision ...... as such the impugned judgment and decree are liable to be set aside In this connection his further submission is that the witnesses for the plaintiff are all close relations and they are highly interested. Besides, their evidences are discrepant on material particulars, but the learned Subordi......re will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......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
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....f the Evidence Act as follows:- "17. An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the Circumstances, hereinafter mentioned." 10. It was the case of both ...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......l is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....using grievous injury and as a result of that blow his intestine came out and he became senseless and that he was hospitalised at Dhaka Medical College Hospital for about 1½ months. 0f all the persons sitting on the bench in front of Ansar Ali's shop, he came last of all. He further state......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. ......ut 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. ......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. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......ance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......us, for the reasons stated above, we do not find any substance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....tion 379 of the Penal Code read with section 16 of the Special Powers Act was started and the Investigating Officer got an information that Ghatail Police seized 4 electric motor pumps and arrested 3 persons from a mini truck and forwarded to the Tangail Court. On such information the Investigating ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....will. Uma Rani of her own accord embraced Islam and married Nawshed Bepari and as such they did not commit any offence as alleged against them. The Special Tribunal framed charges against the accused persons under the provisions of section 366A of the Penal Code read with section 4(b) of the said Or......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......issed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
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