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Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... 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. ......ed. As a normal practice that has been followed so far under the Code of Criminal Procedure, an appeal being a creature of statute, the Court is to decide the same on merit with reference to the evidence on record. The Court of course is competent to reject an appeal even at the initial st..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... 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. ......ds be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......ows on his person and suecumber to his injuries Tangail P.S. Case No.10(11)/81 was started on the basis of the said F.I.R., The Police 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 ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....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. ...... which they replied that the petitioner was standing on the road to meet him, that on the next day his dead body was found in the drain to the west of the graveyard and that there was sufficient evidence regarding the complicity of the accused in the murder of his son. The Sub-Divisional M..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......: 35 DLR (AD) (1983) 157.
......ervations in his judgment:
"The uninterrupted possession of the Suit land for the last 25 years suggests that the defendent was given exclusive possession of the suit land. There is no evidence on record that the plaintiff over executed an act of ownership over the suit land during th..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....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. ......arge of the accused by the Magistrate under section 253 Cr.P.C. The accused petitioner is not sought to be tried by a different Tribunal. Nor is he being tried under a separate rule of evidence. Records of the case shows the same witness. The accused has deposed to the same effec..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......nbsp;
......ssee has entered into possession under a lease which is found to be legally defective, for not complying with the provisions of section 107 of the Transfer of Property Act. the lease is admissible as evidence of the agreement contained therein and for determining the rights and liabilities of the pa..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......: 35 DLR (AD) (1983) 188. ......r the admiralty jurisdiction is not sustainable. Finally, since no materials were before the Court, either by filing the written statement of documents arising out of the transaction or any oral evidence in respect of it, it was clearly unjustifiable to hold that there was no cause of action. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....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
......summary procedure in an application for rectification of the Share Register under Section 155 of the Companies Act, 1956, because they are more appropriate subjects for a trial in a suit on evidence after a full discovery of document and inspection."
6. In Bhagat Singh and anothe..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....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. ......ra Nath Des Vs. Emperor 38 C.W.N. 52 and The King Vs. Baskerville, (1916) 2 KB, 658. 6. Mr. Kazi Shafiuddin Ahmed, the learned Assistant Attorney General has argued that on the basis of the evidence on record it has been proved that the victim girl P.W.2 Ferdousi Begum, was below the age o..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... 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. ......d 3-11-1931. Exhibit 6 series are copies of certain written statement filed in T.S. No 5 of 1958 and Exhibit 7 is the certified copy of the judgment passed by the said case. 9. P.W.1 in his evidence stated that his grand father Girish Chandra Aich was the owner of the suit land and he made..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......ert David (Bangladesh) Limited……………………………. Appellants
Vs.
Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M/s. M.M. Ispahani Limited, Ispahani Building and two others&hell......n. The plaintiff is run by its own Board of Directors. P.W. 2, the Chief executive of the Company has asserted that he acts independently and reports to the Company's Board of Directors. From the evidence on record it appears that the plaintiff company paid for the consignment. Defendant No. 3 d..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......in: 36 DLR (1984) (HCD) 250 ......s argument on behalf of O.P. took a last moment plea that Ext. A (I) was a sham document as the vendor had already exhausted all his lands before executing Ext. A(I). But this plea was not placed nor evidence in that regard was placed before either the original or the appellate Court nor that was co..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ......hmat Dasi................................Respondent Judgment January 7, 1982. Result: The Appeal is dismissed. Cases Referred To- Seshammat Vs. Kuppanatyyangar, reported in A.I.R. 1926 Madras, at page 475. Lawyers Involved: Md. Fazlul Karim—For the Appel......intiff has no right, title and interest as a co-sharer in the property of Gour Majhi. 2. On these pleadings the parties fought out the suit. The court of first instance on a consideration of the evidence on record both oral and documentary came to the view that the defendant No. 1 had the onus ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......isdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Shahidur Rahman Molla & others………………&h......er the pre-emptor-petitioners were the person to whom transfer of the pre-empted land can be made, under section, section 90 of the Act. The learned Subordinate Judge has also taken exception that no evidence was led by the pre-emptor-petitioners to prove that they were persons who are entitled to p..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ......This Case is also Reported in:35 DLR (HCD) (1983) 79. ......, whether the pre-emptor petitioners were the persons to whom transfer of the pre-empted land can be made under section 90 of the Act. The learned Subordinate Judge has also taken exception that no evidence was led by the pre-emptor-petitioners to prove that they were persons who are entitled to p..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......cts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......espondents acted illegally and without jurisdiction in dismissing the petitioner on the basis of enquiry in which the allegations against the petitioner were not proved. He has submitted that no evidence, oral or documentary was adduced on behalf of respondent No.1 to refute the above explanati..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ...... This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ...... the trial court while dismissing review petition made any mention about the proposal to transfer to a third party, namely, Madina Shipping Company, although it may be pointed out that "The said evidence was brought before the court by way of an application." 5. Mr. Rafique-ul-Huq, th..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ourt records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......" means the result of a judicial examination, specially into some matter of fact. The expression "may alter the finding'' clearly empowers the appellate court to consider the entire evidence against the accused appellant both as regards fact and law and to substitute its own findin..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......lip;…………………Respondent Judgment November 6, 1981. Result: Appeal is dismissed Burden of Proof—Presumption of Good Faith in Human Transaction as a Presumption of Innocence in Criminal Matters— The burden of pro......he plaintiff's suit must fail. 4. The short points that arise for the disposal of this appeal are whether the plaintiff had an onus upon him to prove a prima facie case by producing the best evidence that is the document itself and whether the plaintiff was entitled to a decree ex parte as ..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
....in fact waged war by these activities or attempted or abetted hi waging war against the People's Republic of Bangladesh. 27. Mr. Saad Ahmed has Vehemently argued that Ext. 10 is an inadmissible, concocted and thoroughly undependable piece of evidence. Ext. 10, he argues, was ......nt for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ......dvocate appears for the State. 5. Prosecution against the accused appellant started on the basis of a first information report lodged by P.W.1 Abdus Sattar on 15-7-72. In his evidence P.W.1 deposed that on 1-5-71 he was at Chorhash. He was a Typist attached to D.C.'..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
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