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State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ...... Police Station alleging, inter alia, that while he and other members of his party were on petrol duty at Khazia Boarder out Post, found the accused persons to enter into Bangladesh territory from India at about 22.30 hours and they apprehended those accused persons and on their query those pers..Category: Criminal Law | Date: | Hits: 45
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......ferred to- Bangladesh Vs. Azizur Rahman and other 46 DLR (AD)19; Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) (1998) 27; Mujibur Rahman Vs. Bangladesh 44 DLR (AD) 111; Sp Sampath Kumar Vs. Union of India AIR 1937 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2);L. Chandra Ku..Category: Employment/Service Law | Date: | Hits: 118
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......E Kalathil and others AIR 1976 SC 1216; Kulchhinder Singh and others Vs. Iardayal Singh Brar and others; Verigamto Naveen Vs. Govt of AP and others (2001) 8 SCC 344; Controller and Auditor General of India Vs. KS Jagannath and another AIR 1987 SC 537; Managing Director, WASA Vs. Ali and others 59 DL..
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
.... State of U.P. AIR 1965 SC 467; Union of India v. Ananti Padmanabiah, AIR 1971 SC 1836; Tanviven Pankajkumar Divctia v. State of Gujrat (1997) 1 SCC 156=AIR 1997 S.C. 2193; Sharat Chandra Mirta v. Emperor ILR 38 Cal 202; Ahmed Sher V. Emperor, AIR 1931 Lah 513; Subedor Singh v Emperor, AIR 1943 ...... November 19, 2009. Cases Referred to- Md. Shafi vs.The Crown 6 DLR (WP) 104 (FB); Abdur Razik v. The State, 16 DLR (WP) 73; Hethubha v. State of Gujrat AIR 1970 SC 1266;Union of India v Ananti Padmanabiah (1971) SCC (Crl) 533; Sajjan Singh v.State of U-P, 1999 SCC 315 (Cri) 4..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......iry; such statement are called oral evidence; (2) All documents produced for the inspection of the Court, such documents are called documentary evidence. 204. However, in India sub-section (2) of section 3 of the Evidence Act as above has been substituted in the year i..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....P. reported in (1999) I SCC 315, Mattar–Vs-State of U.P. reported in (2002) 6 SCC 460, Radha Mohan Singh –Vs- State of U.P. reported in (2006) 2 SCC 450, Sarat Chandra Mitra –Vs- Emperor reported in ILR 38 Cal 202, Ahmed Sher–Vs-Emperor reported in AIR 1931 Lah 513, Subed......or the purpose of Section 378 has not been achieved. In support of his contention he has referred to the case of Hethubha –Vs- The State of Gujarat reported in 1970 (1) SCC (CR) 280, Union of India –Vs- Ananthapadmanabiah reported in 1971 SCC (CRI), Sajjan Singh–Vs-State of M.P...Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....t is not permissible to only or merely indicate the agreement with one or the other view without giving reasons therefore.” 486. In the case of Sarat Chandra Mitra–Vs-Emperor reported in ILR 38 Cal 202, where the High Court Division of India observed- ......r. P.C. The third learned Judge dealt with the case of two accused persons with regard to whom the learned Judges of the Division Bench had differed. 478. In respect of the decisions of the Indian Courts, we may refer to the case of Dharam Singh –Vs- State of U.P. reported in 1964 (..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ...... AIR 1971 SC 500, the appellant Joginder Singh was convicted under section 376 of the Penal Code by the learned Assistant Sessions Judge while on active service and governed by the Army Act, 1950 (India). He challenged the legality of his trial and conviction on the ground that the provisions of..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......fe and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supra) and other decisions (AIR 1974 SC 1545, (1975) 1 SCR 747, AI..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......-R.S. khatian shows that the land in suit was recorded in the name of Sitakunda Mela Committee represented by the Sub-Divisional Officer, Sadar, Chittagong and the superior landlord was Government of India (ভারত সম্রাট) and the land of the Ext.1, the R.S. khatian was rent free, t..Category: Tenancy Law | Date: | Hits: 176
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......Md. Ahsan Habib and another reported in 56 DLR 169 wherein their Lordships categorically stated how this law gradually developed and settled in the sub-continent. Their Lordships held as under: “In India, the oldest decision is the case of Queen Vs. Okhoy Coomar Shaw 13 BLR 307 (FB). It was decisi..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ...... No.65 of 2007; Basheshar Nath Vs. Commissioner of Income Tax, Delhi and Rajasthan and another AIR 1959 (SC) 149; Kudrat-E-Elahi Panir Vs. Bangladesh 44 DLR(AD) 319; Raj Kanwar, Advocates V. Union of India, (1992) 4 SCC 605; Abrar Hassan Vs. Govt. of Sind P.L.D 1976 S.C page 315; S.N. Goswami, Advoc..Category: Constitutional Law | Date: | Hits: 251
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ed Advocate-on-Record, appearing for the petitioner submitted that the so-called census list did not contain all the suit plots belonging to the original owner Shoshi Mohan who left the Country for India prior to 1965 A.D. because the property of Shoshi Mohan cannot be partially enlisted in the c..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......Since opinion given under Article 106 is not a judgment or law declared it has no binding effect on future litigation and therefore the question of prejudice does not arise. Unlike Article 143 of the Indian Constitution our Article 106 deals with the jurisdiction of the Supreme Court vested by the C..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......t and the evidence of the doctor must prevail upon the inquest report and the evidence of the I.O. 13. In the case of Surjan Vs. State of Rajasthan reported in AIR 1956 SC 425 Supreme Court of India held as under:- "But the statement in the inquest report in not evidence by itself and ..Category: Criminal Law | Date: | Hits: 60
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......3 contested the suit by filing written statement contending, amongst others, that kanaklata, vendor of the plaintiff, did not acquire any right, title and interest in the suit land and she left for India during the lifetime of her husband Nironjan and she was staying in India having marrie..Category: Property Law | Date: | Hits: 54
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......oners pursuant to the said SRO, upon fulfilling the conditions incorporated therein imported the vehicles as mentioned in their respective writ petitions vide their respective letters of credit from India. The writ-petitioners on different dates from 19th March, 2003 to 3rd July, 2003 got their con..Category: Fiscal/Taxation Law | Date: | Hits: 72
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......u Nath Bal, a co-sharer of the suit land and due to insolvency they were not in a position to purchase the suit land or to file an application and during liberation war the defendant No.1 left for India and he then succeeded in obtaining the above compromise decree on 17.6.77 by showing that he ..Category: Property Law | Date: | Hits: 74
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ...... declared vested and the S.A. khatian was correctly prepared. Their further case is that Kedar, Nagendra and Jogendra Nath were 3 brothers but Kedar and Nagendra migrated to India long ago. The S.A. record was prepared at the instance of Jogendra who all along knew the fa..Category: Property Law | Date: | Hits: 24
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......easuring 30 decimals; the balance 60 decimals of and appertaining to Plot Nos. 6550 and 6551 being wrongly recorded in S.A. Khatian No.1446 in the name of Nishi Kanta and Sundari Bala, who left for India, was declared as vested property and was leased out to the defendant No.1 and thus the defend..Category: Property Law | Date: | Hits: 34
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