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Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....Court disbelieved the fact of recognition of the assailants by the deceased himself and P.Ws. 5 and 6 who accompanied him at the lime of occurrence mainly due to omissions before the I.O. and the Inquiry Magistrate and contradiction between the witnesses. If the said omissions and contradictions......gnore the existence of degrees of misappreciation, from the very grossest form, exhibiting perversity to the mere ignoring of certain side-aspects arising out of a piece of evidence. ……….(10) Cases Referred to- Abdur Rashid Khondoker Vs. Chandu Master & ors, 16 DLR (SC) 605. Lawyers In..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...... that Majid who had ill-reputation was assaulted and left wounded by unknown persons somewhere and died in mysterious circumstances and that is why on his death in the hospital an Unnatural Death Case was recorded by the police, but they were falsely implicated out of grudge and enmity. 5. Th..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......appellant, said to be a Professor of Mathematics of Guradaspur Degree College, P.S. Gurudashpur, District Natore, was arrested by the police on 8th March, 1987 in connection with Gurudashpur P.S. Case No.9 dated 24.2.1987. It is alleged in the F.I.R. that on 24.2.87 at about 5.15 P.M. some perso..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 ......p against a finding of acquittal and a finding of acquittal can be converted into one of conviction only in an appeal under section 417. This view accords with the language of section 423……(21) Cases Referred to- Kishan Singh vs. The Emperor, 55 1.A.390, Shera and 6 others vs. The Crown, 6 ..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......r final disposal and the other not yet began. Parties of both the cases being not identical. For all these reasons prayer for simultaneous trial is not tenable. The appeal is dismissed…(11 & 12) Case Referred to- 13 D.L.R. Dhaka 414. Lawyers Involved: Serajul Huq, Advocate, instructed ..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 ......ted 17 September 1986 passed by a Single Judge of the High Court Division, Dhaka summarily rejecting the petition of appeal of the appellants. 2. The appellants were put on trial in Sessions Case No.161 of 1985 in the Court of Sessions Judge, Netrokona for an offence under section 302/34 Pe..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 ......l, already granted, is set aside. The appellant will 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 ..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 ...... not obliged to consider the case on merit whether there were irregularities in conducting the sales and the holdings were sold at a low price. The appeal is dismissed…………………(9,11,12) Cases Referred to- 59 C.W.N. 1082; 11 DLR (PC) 143; 9 DLR 601; 13 DLR 101; 11 DLR (PC) 143. La..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......ound of default and necessity, is confirmed. The contention of non-service of notice under section 106, T.P. ACT is beyond the pleadings and amount to making out a new case…………………(12) Cases Referred to- Kumar Narendra Nath Roy V. Midnapore Zemindary Co. Ltd. 70 C.L.J 218; Chowdhri..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 ......efore passing an order. Moreover, to determine disputed 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 ..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 ......question of estoppel, either promissory or quasi 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 ..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 ...... file of the case. After considering them and examining the facts and other questions relating to the matter he set aside the judgments and decrees of the courts below and allowed the Miscellaneous Case of the pre-emptor. 10. In the facts and circumstances of the case even if those documents th..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......vation that the appellant be allowed to continue to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
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 ...... a declaration that the auction sale-by the Circle Officer, (Revenue), Rajoir, Madaripur on 9th June 1967 in respect of 9, 14 decimals of land as described in the Kha Schedule land of the plaint in Case No. 1145 R.A. of 1959-60 and the lease granted of the same property on its basis to defendant N..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... 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 ......ing the accused persons. We do not think that any 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 ......cimals and it was directed that they would be given khas possession of the land including a part of the judgment-debtor building. When the decree was sought to be put into execution in O.C. Execution Case No. 5 of 1984, the judgment-debtor objected to the execution contending that the value of the p..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 plea of title to restrain the execution proceedings, because this tends to deprive the decree-holder of the fruits of the decree obtained by him. The appeal is dismissed………………..(13) Cases Referred to- AIR 1955 All. 64; AIR 1972 (Allahabad) 418. Lawyers Involved: Khan Sa..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....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. ......y other provision of the Code to direct a 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 N..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......g leave. In view of what has been stated above the appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......dence that there has been no miscarriage of justice on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
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