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Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....complainant has failed to prove his possession in the case land by cogent and reliable evidence the learned Additional Sessions Judge erred in law in convicting and sentencing the petitioners without independent corroboration from reliable sources and the same has occasioned failure of justice. The ...... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278...Category: Criminal Law | Date: | Hits: 73
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....First Information Report story or shifting of the place of occurrence or failure of the prosecution to produce evidence which is within its control, evidence of partisan witnesses, non-examination of independent witnesses shakes the prosecution case and give credence to the defence version of the ca......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......y memo dated 13-10-98 (Annexure-A) and Memo dated 18-10-98 (Annexure-A1) Ward Nos.1 and 2 of Bogra Pourashava have been curtailed from the entire Pourashava area of the petitioners Nikah Registry and appointment of respondent Nos.4 and 5 respectively as Nikah Registrar of the said two wards are unde..
Category: Civil Law | Date: | Hits: 89
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....sses failed to prove that there was any demand of gratification by this appellant from P.W.2 Rezia Khatun. He further submits that the alleged payment of the gratification also has not been proved by independent witnesses and on the point of recovery of the currency notes and the presence of the wit......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...Category: Criminal Law | Date: | Hits: 90
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....lished prospectus and the two letters which were submitted in connection with the judicial inquiry and that without applying his judicial mind to the facts of the case and the materials on record and independently exercising his judgment as to the genuineness of the allegations made in the complaint......legs Export Ltd. Khulna requesting him to issue and publish a corrigendum to the prospectus in all the newspapers concerned to remove the defects in the prospectus and further raised objection to the appointment of the accuseds firm as auditors of the company behind their back and for getting the au..Category: Criminal Law | Date: | Hits: 98
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......ernment the Government appointed an administrator to manage the affairs of the company refusing Buxly Paints (Bangladesh) Ltd. to allow to manage the company in pursuance of the above agreement. This appointment of the Administrator and refusal of the Government to allow the Buxly Paints (Bangladesh..
Category: Property Law | Date: | Hits: 89
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....ore) decided on June 14, 1990. 6. Mr. Mokbul Ahmed, appearing in opposition to this Rule, on the other hand, submitted that the order for attachment and the order for furnishing bank guarantee are independent. He submits that when the vessel after an ad interim attachment before judgment was rele......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..Category: Civil Law | Date: | Hits: 75
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....gh Court Division in exercise of revisional jurisdiction reversed the judgments of the courts below and dismissed the suit. 3. It has been observed by the Family Court that the appellant examined independent witnesses who stated in unequivocal terms that there was marriage between the appellant ...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..Category: Family Law | Date: | Hits: 318
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....ce about the cause of death by the accused appellant inasmuch as the allegation of the prosecution that the accused‑appellant has committed the offence has not been corroborated or supported by any independent evidence and therefore, the prosecution has not been able to prove the prosecution case ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328...Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....ed in 31 DLR 17, Sukhio Vs. State reported in PLD 1967 (Karachi) 800 and the case of Khan Vs. State reported in PLD 1958 Lahore 131 held that extra judicial confession before an authority without any independent corroboration cannot be taken into evidence and it is a very bad form of evidence on whi......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...Category: Criminal Law | Date: | Hits: 62
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....e in enacting section 149 of the Penal Code does not appear to penalise each and every member of the unlawful assembly for each and every offence was committed by one or more members of such assembly independent of the common object. It must be established that the offence committed was to accomplis......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......court below directed the plaintiff to state whether he was willing to get the thumb impressions appearing in kabala and the will examined by an expert. Thereafter, on 23.5.74 the plaintiff prayed for appointment of an expert for examination of the said thumb impressions and by order dated 6.8.74 cou..Category: Property Law | Date: | Hits: 78
Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ...... Abu Taher Chowdhury with Shah Md. Habibur Ral‑unan, Advocates ‑ For Respondent Nos. 3 to 12. Writ Petition No.2383 of 1990. Judgment Md. Abdul Jalil J.- This rule calls in question the appointment of a Special Type of Managing Committee for Uttar Kafrul High School situated at Dhaka C..Category: Civil Law | Date: | Hits: 89
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....cted person the land or property "shall stand acquired and vest absolutely in the Government free from all encumbrances" under section 11 of the Ordinance. The High Court Division did not express any independent opinion on the point of violation of sections 12 and 15 on simple reasons that this Divi...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....f appeal even if the original appeal had been withdrawn or dismissed for default. It clearly shows that a proceeding initiated by filing a cross‑objection under Order 41, rule 22(1) is a proceeding independent of the original appeal inasmuch as the cross‑objection shall proceed in accordance wit......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
.....1 and commuting the death sentence of the respondent No.2 4. As it appears the High Court Division found that the whole prosecution case stands on the evidence of P.W.2 who is a disinterested and independent witness and whose evidence does not suffer from any infirmity and his evidence proved th......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166...Category: Criminal Law | Date: | Hits: 56
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163.......ank, the respondent No.3, and that from 1989 to 1995 the business of the petitioner's was profitable but afterwards he suffered loss in the business due to different political and legal problems like appointment of district basis dealer by the Government, fixing quota by the Government, hartal, stri..
Category: Civil Law | Date: | Hits: 77
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....hey have totally destroyed credibilities of examination-in-chief given in support of their master. In the facts and circumstances as disclosed above it appears that plaintiff has failed to adduce any independent and disinterested witnesses in support of his case. Further more vital and important wit......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....y growing crops therein through their cultivators and bargadars openly, peaceably, and to the knowledge of all persons including the principal defendants and their predecessors‑in‑interest and of independent right, free from all encumbrances for more than 17 years and by adverse possession too. ......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....in presence of seizure list witnesses, which is not proper and in compliance of Section 103 of the Code of Criminal Procedure. 10. The deposition of the witnesses are full of discrepancies and not independent and disinterested witnesses in this case. All of them police personnel, who are interest......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ..Category: Criminal Law | Date: | Hits: 56
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