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Md. Hossain Mia Vs. Shujayatullah and others, 1983, 12 CLC (HCD)
....her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ....... regarding possession. 1 want to say that even if the P.Ws. be disbelieved the D.Ws. also cannot be believed. The discussion made above would clearly show that all the D.Ws. are mutually related and interested in this suit, Thus the position, if the defence argument he accepted, comes to this that ...... to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ......her founded fact In the result, this appeal fails and it is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 191 ..Category: Limitation Law | Date: 6 Aug, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
.... submitted that the petitioners being parties to the lease and their lease hold interest (which still allegedly subsists) being imperil by reason of the impugned decree, they were naturally aggrieved persons and, therefore, fully entitled to maintain the revisional application Mr. Pal on the authori......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......ies Judgment July 6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal ......mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....ing a smokescreen in the garb of criminal proceeding. The real objective is not to decide contentious issues because the issues cannot be decided finally by any Criminal Court, but to put the accused persons to the stresses and strains of a criminal prosecution ad infinitum. We deprecate such practi......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......s be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....along with others came armed with Fala, lathi and other weapons and seeing this the labourers of the complainant started running towards the house of the complainant for fear of life. But the accused persons chased them near the southern side of a tank and attacked the complainant party. There appel......ce should be set aside. Secondly the learned advocate argues that in this case all the material witnesses are related to the complainant party and the prosecution did not bring any independent and disinterested witness to prove its case and in that view of the matter the prosecution case appears to ......e appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....nd some gandas does not inspire any confidence. D.W.3 claimed that he was present at the time of settlement. According to him at that time of settlement he was 16/17 years and he was attracted by the persons who went to the house of Sarkers. The defence case of Hemangini's taking settlement from......roperty comprising 10 acre of land of plot No.140 appertaining to S.A. Khatian No. 52 of Mouja Porrah, P.S. Manikganj is a debuttar property belonging to the deity kali, Narayan Kumar Datta, a person interested, filed the suit on behalf of the deity. The plaintiffs case is that the suit property was...............Appellants Vs. Sree Sree Kalimata Bigraha.................Respondent Judgment April 14, 1983. Result: This appeal is dismissed. Cases Referred To- Province of East Pakistan Vs. Kshiti Dhar Roy and 3 others 16 D.L.R. (S.C.) 457; Sm. Panna Banarjee...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....or he was unable to satisfy himself as to which of the parties were in possession he may attach the property until a competent Civil Court would determines the rights of the properties thereto or the persons entitled to possession thereof. Converted or Exchanged form of Property Under sect...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......nd down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....ected himself and as such his finding is not immune from interference in second appeal. 6. As it appears, the three plots, 25, 26 and 27, constituting the suit land, originally belonged to three persons, Kalicharan, Shashi Bhushan and Swarna Baishnabi. Of them Swarna Baishnabi was completely ou......he rent. The rent-receipts were excluded from consideration by the lower Appellate Court taking the view that these are provisional receipts and that they carry little weight in that "any person interested in a land may pay rent to the Government Acquired Estate". This view is erroneous, f......s also reported in: 35 DLR (AD) (1983) 216. ......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
.... Md. Marfat Ali, Advocate— For the State. Criminal Appeal No. 252 of 1981 and Death Reference No. 6 of 1981. Judgment Amin-Ur-Rahman Khan J. — This appeal by the 6 accused-persons directed against the Judgment and order of the Additional Sessions Judge, 1st Court, Rangpur......in the recorded statement was not of the hand of accused Sudhir Chandra Barman. 10. The learned Additional Sessions Judge failed to notice that the witnesses produced by the prosecution were all interested and deposed falsely and that no independent witness was produced. 11. In this case, ......appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....ides it but at a lower level........sometimes with implication of shelter or protection. * * * * 9. With reference to persons acting in a certain capacity considered in relation to one holding a superior position or of......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......e is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... incumbent upon the Additional District Magistrate, to dispose of the same on merit after due application of judicial mind to the materials on record. 3. In the present case 17 accused persons were put on trial before the Magistrate, upon a charge under section 379 of the Penal Code f...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......he observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ...... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....n the same cause of action, the accuseds will still continue on the same bail till the disposal of the case. A second prosecution is launched on the same facts after the discharge of the accused persons, it cannot be said that those proceedings are always entirely without jurisdiction. It depen......ice investigated into the case, examined witnesses, recorded Memo of evidence and submitted a final report (true) in respect of the said case on 26-12-81. It was stated in the final report that no disinterested witnesses were available to prove the charges against the accused persons. The informant ......ds be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....th), Comilla alleging, inter alia, that Jahir Mia, Farid Mia, Manu Mia and Nizam Mia having gone to his house at 9 or 9.30 P.M. on 6-9-79 called away his son, that he and his wife asked the aforesaid persons as to where they were going with him to which they replied that the petitioner was stan......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ther accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ise by itself will not constitute an offence under Section 272 of the Penal Code and Section 25C(a) of the Special Powers Act, unless it is alleged that a particular person or group of persons in question were personally involved in the process of adulteration of food or selling there......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ...... absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
.... the Deputy Commissioner, Kichat praying that action be taken against the accused person is under the provisions of the Frontier Crimes Regulations. Action was so taken and the accused persons where tried by a Council of Elders established under the Frontier Crimes Regulations and the......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......t of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
....dingly informed. On a search being carried out in the Office of respondent No. 2 it was revealed that respondent No. 1 filed on 1st April. 1981 a return of further allotment of share to the following persons:
(i) M/S Noor Planters Ltd.... 500 shares
(ii) Mr. Nurul Huda Quaderi 300 shares
......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......eared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....ith all of them. Accused appellants Abdul Quddus @ Nausha and Abut Hossain were further charged under section 376 of the Penal Code for committing rape on P.W.2 Ferdousi against her will. The accused persons pleaded not guilty. 3. The case for the defence is that Nayeb Ali (P.W.5), maternal unc......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... raised an objection that "the Will was not given effect to before the probate and after the probate application Mohendra, plaintiff's father and uncle transferred bulk of properties to many persons who are in possession of the same for over two decades." Although defendants 16 and 18 ...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ...... This Case is also Reported in: 3 BLD (HCD) (1983) 40. ...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)
..... 14 dated 26.10.78 under Marital Law Regulation No. 12 of Regulation of 1975 was started against the petitioner along with others and his being a cognizable offence, the petitioner and other accused persons were wanted by police and at no point of time from 8.11.78 to 19.11.1978, the petitioner let......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ...... from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ......sit the find to the Registrar of this court within 10 days from date. Md. Altaf Hossain J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982)110 ..Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....r is a non-Government employee though the scale of pay of the Executive Engineer and the Additional Deputy Commissioner is the same. Pay is not the only criteria for determination of rank between two persons. The word 'rank' connotes status or gradation of a person. It has a reference to a p......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......osts. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......l J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ...... hostel, are all admitted facts and it is not necessary to discuss them all over again. The only explanation or excuse, in whatever way we put it, from the Government was that there was strike in the educational institutions and some kind of demonstration against the sale of the property in question..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
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