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Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....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. ...... 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected for discrepancy in detail Discrepancy in the matter of detail of incident always occurs even in the evidence of truthful witnesses and such variation creeps in because faculties of different individua..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. ......ance in this petition. Accordingly, the petition is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 97. ......o have questioned the validity of the certificate issued by the local Branch Manager of the Bank concerned. Then to adjudicate as to whether the petitioner is a defaulter or not it needs recording of evidence which is not advisable in a proceeding under Article 102 of the Constitution. Thus, fo..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....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. ......next contends that PWs 5, 6 and 7 were shown in the seizure list as witnesses and as such their examination in court to prove the seizure list is not free from doubt. He seriously urged that from the evidence it appears that the Engineers of BADC identified the electric motors but none of them has b..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ................Petitioners Vs. Nazmul Haq @ Nazmul Hasan and others.............Opposite Parties Judgment November 28, 1989. Result: The Rule is discharged. Without issuing summons on defendant No.8, not to speak of service of summon upon him, the compromise decree in ......llaneous Case resisted the application by filing written objection denying the allegation of non‑service of summons upon the petitioners and pleading bar of limitation. 4. Both the parties led evidence and on consideration of the evidence the learned Subordinate judge by his impugned judgment..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....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. ......ant of the case and father of the victim girl Uma Rani Malakar, preferred this appeal. 8. Since it has been treated as appeal under section 30 of the Special Powers Act, let us now examine the evidence of the prosecution witnesses. 9. P.W.1 is the informant himself. In his evidence he ha..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ...... Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......e girl was given there, it is very difficult to rely on the alleged certificate............. (11) In this case the petitioner has totally failed to prove by adducing any independent and reliable evidence that his daughter (detenu) was minor at the relevant time excepting his statement…&h..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Sree Birendra Nath Singh and others Vs. Md. Mokbul Shah and others, 1989, 18 CLC (HCD)
....erference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court‑records at once. Ed. This Case is also Reported in: 43 DLR (1991) 77. ......Ed. This Case is also Reported in: 43 DLR (1991) 77. ......rcising his discretion on judicial principle. .................. (5) Explanation of facts and circumstances and delay Delay, facts and circumstances shall be explained For admission in evidence any document, delay and facts and circumstances of the case shall be explained. Kanda ..Category: Property Law | Date: 2 Aug, 1989 | Hits: 78
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......ka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......;jection rather they participated in the election. He further submitted that his client's age was actually 29 years at the time of filing nomination paper on the basis of unassailable documentary evidence and relying upon which the Returning Officer allowed the respondent No. 5 to contest the el..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......sence of the parties and disposed of by this judgment. 5. Mr. S.R. Karmaker, the learned Advocate who appeared in this case for the appellant, having taken me through the impugned judgment and the evidence on record submitted that the order of conviction and sentence as passed by the Special Tr..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......ondemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......sed must independently be corroborated as it is necessary in the case of using the confession of an accused against his co-accused. It is enough if the general trend of confession is substantiated by evidence which would tally with what is contained in the confession. For ascertaining as to whe..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
....order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......Case is also Reported in: 43 DLR (1991) 79.
......it. ........ (8)
Time for pronouncement of judgment discretionary any not mandatory
When issues have been framed both of law and facts and the Court is satisfied that no further argument or evidence that the parties can at once adduce is required upon such of the issues as may be sufficien..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467........ Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......iya, the learned Advocate appearing for the defendant firstly submits that acquisition of title by adverse possession having not been claimed either in the plaint or at the trial and there being no evidence of claim by adverse possession from a specific point of time and admittedly the plaintiff..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......issioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......d the minor's declaration before the Magistrate as to age are no proof as to age."
In the case of Moru Devi Vs. The State or Kerala, A.I.R. 1958, Kerala 8 it has been observed f that the medical evidence as to age of person cannot, be utilized to override the effect of other cogent evidence o..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ....... This Case is also Reported in: 41 DLR (AD) (1989) 14. ......y, for the execution of such repairs might not be reasonably necessary to the reasonable use of the van by the bailee, which was the purpose of the bailment; but there is no suggestion in the evidence that any of the repairs in respect of which the lien was claimed were not necessary t..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
....der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......onal Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......s-examination he said that the police seized report, Ext. 19 in his presence. But he could not say who wrote and signed the report Ext. 19 (X). 9. The learned Special Judge after considering the evidence on record came lo the finding that the accused realised the money from different tax payers..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......namely mortgagor's son and then she switched on to her claim to the right of redemption and made an application to be transposed to the side of the plaintiff. The learned Munsif on discussing the evidence observed: "I have shown that there is no evidence that Sristidhar got possession ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ...... Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......rayer for adjournment made by the engaged advocate on behalf of the plaintiff. The learned subordinate Judge did not dismiss the suit on merit stating that plaintiff's suit is dismissed for want of evidence or for the failure of the plaintiff to establish his case by adducing any oral or documenta..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
...... made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173......tepping into his shoes seeks to have a decree passed by a Court of competent jurisdiction adjudged void by reason of fraud, a heavy onus lies on him to prove the alleged fraud, by cogent and reliable evidence. In the case of Ahsan Ali Vs. District Judge, PLD 1969 (SC) 167 (173) the Supreme Court of ..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......d of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ...... resulted in the short -fall of the balance of the shop. The accused-appellant is quite innocent. In this case the prosecution examined 7 P.Ws. while the defence examined none. On consideration of evidence on record, the learned Special Judge found the accused appellant guilty and convicted and s..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......riod of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......position and the affidavit-in-reply, has submitted that the petitioner having undertaken the development work according to the approved plan and the petitioner having paid upto date rent as evidenced by the Annexures D to D (2) the respondent No.1 had no authority to cancel the lease of th..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
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