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Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ......rred to the case of Abul Hossain Sana Vs. Swalal Agarwala and State reported in 14 DLR (SC) 96. In that case the learned Magistrate discharged the accused for failure of the prosecution to adduce any evidence in spite of several opportunities. The complainant moved the Sessions Judge in revision for..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......e will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......doctrine of lis pendens under section 52 of the Transfer of Property Act and the learned Assistant Judge committed error of law in not holding that the plaintiff had prima facie title in view of the evidence on recorded and admission of the original defendant that the plaintiffs were his landlord a..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......oks; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......s that the Government was satisfied that the offence as committed in the aforesaid case was punishable under section 295A of the Penal Code. But after hearing the parties and considering the material evidence on record, the Full Bench of the West Pakistan High Court held that it was a case not under..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....rned Advocate was that the court of appeal below without formal proof admitted the affidavit of divorce and marked it as Ext. A at the appellate Court which was illegal and the same (Ext. A) being an inadmissible evidence has vitiated the judgment of the court of appeal below and the decree of the s......nd down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......Advocate appearing for the petitioner, has firstly submitted that the lower appellate court has committed error of law in passing the decree for the entire amount of dower money in the absence of any evidence that the marriage had been dissolved and which has resulted in an error in the decision cau..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ......ed in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ...... murder of Morium. The further defence is that, a false case has been filed against the accused persons at the instance of the Chairman of the Union Parishad and member Nawab. On consideration of the evidence on record, the post‑mortem report and confessional statements, the learned Special Tribun..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......ip;…Opposite Parties Judgment May 17, 1994. Result: The Rules are discharged. Cases Referred to- Fayeb Ali Ys. Abdul Khaleque and others, 43 DLR (AD) 87; Joy Narain Sea Ukil Vs. Srikanta and others. AIR 1922 (Cal) 8 AIR 1922 (Cal) at page 8; Erfan Ali Vs. Joynal......f of the plaintiff‑appellant-petitioners, has submitted that the opposite party failed to prove his case of joint settlement in his Title Suit No. 19 of 1986 and that he could not also prove by any evidence that he took the settlement of the suit land along with his brother the petitioner but that..Category: Property Law | Date: 17 May, 1994 | Hits: 3
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ...... if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ......elsewhere by some unknown assailants and the accused have been falsely implicated at the instance of the local chairman, Nurul Islam, out of enmity. The learned Sessions Judge on consideration of the evidence on record found the six appellants guilty under sections 302, 34 of the Penal Code and pass..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ...... Mustafa Kamal J Latifur Rahman J Bangladesh ................ Appellant Vs. Md. Lokman Patwari and another……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Resp......on does not reveal any co-relationship between the criminal proceeding and the opinion. In the criminal proceeding however, the criminal Court will come to an independent decision on the basis of the evidence on record in the criminal case itself, as to whether the writ petitioner absconded or not, ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......rred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) 57. Lawyers Involved: Abdus Salam Khan, Advocate—For the Petitioner GH Afrin with Syed AB Mahmudul Hoque, Advocates—For the Opposite Parties. Civil Revision No. 25......as the heading "Pleadings Generally". Its rule 1 defines "pleading" which means plaint or written statement. Rule 2 directs that pleading shall contain material facts, but not the evidence. Rule 17 contains the provisions for amendment of pleadings as hereunder‑ "The ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ...... Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ......bsp; March 8, 1994. Result: The appeal is allowed. Tender of pardon to accomplice The sole purpose of granting pardon to an accused in specified offences is to procure evidence against other accused persons when prosecution is faced with the difficulty of gathering ev..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)
....passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ......vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ...... to this Court. He further submitted that the allegations made in the application before the Magistrate constitute a case under section 147 CrPC and merit of the case can only be decided after taking evidence and that cannot be decided either by the Sessions Judge or by this Court at this stage. ..Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......orted in: 46 DLR (HCD) (1994) 199
......the machineries were leased out to the defendants for installation on rental basis which has also not been denied by the defendants in their written statement. The defendants, it appears adduced oral evidence before the trial Court and there is no denial of the fact on the mortgage of 'Kha' ..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Shaikh Tabibur Rahman and others Vs. Shaikh Nazrul Islam and others
.... Send down the LC records immediately to the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 265, 12 BLD (HCD) (1996)16 ...... Rule is discharged. Suit Filed By a Representative Under Order 1 Rule 8 of the Code of Civil Procedure a representative suit can be filed with the permission of the Court. The Court shall in such case give, at the plaintiff's expense, notice of the institution of the suit to all conc......graph Rules and from the date of order within one year the suit ought to have been filed. But the present suit was filed long after one year and that is why the suit is barred by limitation. It is in evidence that after receipt of the order from the Deputy Commissioner the defendant No. 1 made const..Category: Limitation Law, Procedural Law | Date: 7 Feb, 1994 | Hits: 1
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....or the petitioner is permitted to take back the certified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......rtified copies of the annexures after furnishing the photocopies of the same. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 140. ......d affect the proceeding in a Court or prevent the Court from taking cognizance of the offence under clause (a) or (b) of section 190(1) of the Code of Criminal Procedure or to assess the value of the evidence placed before it in the absence of clear enactment, expressed or implied, preventing the Co..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Redwan Ahmed Vs. Election Tribunal District Judge and others, 1994, 23 CLC (HCD)
.... expeditiously. Let a copy of the order be sent to the Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ......e Election Tribunal expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 248 ......rs. Election Tribunal by order dated 21.5.91 called for the election materials and by order dated 6.6.91 decided that prayer for recounting of the ballot papers will be considered after recording the evidence of the witnesses. The petitioner produced and examined 50 witnesses and the respondent..Category: Election Law | Date: 25 Jan, 1994 | Hits: 2
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......sers MP Ali Mia & Sons Vs. Messers Green and While Ltd. 15 DLR 708; Chhogmal Rawatmal Vs. Sankalch and G. Shah and others, 53 CWN 828; KM Shafl Ltd. Vs. Government of Bangladesh, 1982 BLD 111; Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 43 DLR 1. Lawyers Involved: ......kalch and G.Shah and others reported in 53 CWN 828. In this case a Division Bench held that the arbitrators may be right or they may be wrong but they are entitled to come to a conclusion if there is evidence or if there is material on which they can determine the matter. But in the absence of any e..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
....judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......ndant No. 5. Contesting defendant Nos. 2-4 did not examine any witness to support their contention.
7. The learned Subordinate Judge after considering the facts and circumstances of the case and evidence on record decreed the suit on contest with costs against the defendant Nos. 2‑4 with inte..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......ords be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......ppeared before the Court and on his prayer he was granted fresh bail by the learned Special Judge. The learned Sessions judge‑in‑charge and Special Judge fixed 21.8.90 for accusation and also for evidence and accordingly passed order for issuance of summons upon the prosecution witness No. 1. On..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
......rder as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
...... deposed to corroborate the same nor the log book of the ship was produced to show that such weather condition and consequent damage to the cargo was noted in the log book. In the absence of any such evidence simply because captain of the ship had sworn protest note before the Notary Public the said..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
...... passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
......y of the map alleged to have been prepared by DIT. These maps and papers having not been produced earlier in any Court or authority, cannot be taken as a proof of the claim of the petitioners without evidence. The learned Counsel next submitted that the land was requisitioned in the year 1961‑62 a..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
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