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Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....he accused were not allowed 3 hour's time for reflection and the confessional statements run counter to the prosecution case in many respects and confessional statement of accused Abul Kashem being exculpatory in nature is no confession and cannot be relied upon. He further submitted that for reco......e Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......t the two confessional statements of the accused persons are neither voluntary nor true and those were obtained by threat and torture and that the same were written in blank sheets of paper with signatures of the accused obtained therein by police by torture and the same is copy of the statements ..Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......t the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483....... assessee's explanation without some other positive evidence falsifying the assessee's case. It cannot be true that any possible explanation which an assessee puts forth for clarifying the source and nature of a cash receipt must have to be accepted by the Income Tax Department nor can it be lawfull..Category: Fiscal/Taxation Law | Date: | Hits: 200
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ...... taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......that effect a GD Entry was made and even after inquiry by the local police materials have been found in support of the allegations against the accused‑petitioner. Be that as it may, considering the nature of the offence and the fact that the Rule is disposed of, we re‑call the bail order granted..Category: Criminal Law | Date: | Hits: 133
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......ged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ...... heart and liver were found partly decomposed Death, in the opinion of the doctor, was due to shock and haemorrhage as a result of the above mentioned injuries which were ante mortem and homicidal in nature. So the doctor’s evidence proved beyond doubt that Monowara Begum was murdered. 9. P.W.1..Category: Procedural Law | Date: | Hits: 155
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400....... stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400....... and institution were attempted to be impleaded as parties but similar prayer having not been made there remained no ground for the commencement of the case afresh and by the consequential relief the nature and character of the suit could not be changed. 10. Feeling aggrieved by the above adjudic..Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....a confession is said to be a statement made by an accused which must either admit in terms the offence or at any rate substantially all the facts constituting the offence. A statement containing self-exculpatory matters cannot amount to confession. From the discussion made above it is quite clear......ode and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ...... 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ...... judgment, it appears that the application filed by the plaintiff opposite party is an application under Order 39, rule I of the Code of Civil Procedure. 7. In order to gather the true and exact nature and character of the order so as to determine as to whether the same falls under Order 39, ru..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......bsolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company Vs. Hawkesford, 37 L.J. 248; Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain P.L.D. 1949 Lahore 301. Lawyers Involved: M. Fazlul Karim, with Faridul Alam Chowdhury, Adv......f the Civil Court arises one has to consider both section 9 and section 4 of the Code of Civil Procedure. In section 9 of the Code, the Civil Court shall have jurisdiction to try all suits of civil nature excepting suits of which the cognizance is either expressly or impliedly barred. 6. Alon..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......lf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ...... In support of his claim, the witness produced the hire survey report dated 31‑7‑1996 (Exhibit C). This witness produced the attested bunker delivery receipts (Exhibit D series) and proved the signature of the chief engineer of the vessel along with the stamp thereon stating that the goods were ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460....... Habibullah, Advocate — For the Opposite Party No.1. Civil Revision No.1407 of 1995. Judgment Mahfuzur Rahman J.- This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Noakhali on 25-3-95 in Probate Miscellaneous Case No.38 of 1......ity, honesty in the above, way contending that as being addicted in wine and a corrupt person cannot be an Executor against the provision of Will and that the Will property has lost its character and nature because of having been distributed to the legal heirs and being transferred to different pers..Category: Property Law | Date: | Hits: 106
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... Vs. Azimon Bewa………………….Opposite Party Judgment March 25, 1998. Result: The Rule is discharged. Cases Referred to- Mono Mohan Devi Vs. Sirajuddin Ahmed Bhuiyan, 21 DLR 626; AIR 1927 (All) 385; 2 Cal. 184 (PC); 32 Cal. 437; AIR, 1932 (PCC) 255;......nd also deed No.10516 Ext. Ka(2) executed on 29-7-92 and registered on commission on the same date showing transfer of 6.271/2 acres land by each of the two deeds being the remaining heba-bil-ewaz in nature alleged to have been made in exchange for three copies of the Holy Quran, by the plaintiff, i..Category: Property Law | Date: | Hits: 103
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441........ They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441....... case) and his wife Shahara Banu (P.W.3) and he found the following injuries on the person of Abdul Hamid Khan; (1) one incised wound 3 1/2" x/6th x scalp deep on the top of the head and simple in nature caused by sharp cutting weapon and aged 8 hours. (2) One incised wound 1 x 1/6," x muscle ..Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......d has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......ons of law raised thereby and shall deliver its judgment thereon containing the grounds on which such decision is founded and shall send a copy of such judgment under the seal of the Court and the signature of the Registrar to the Appellate Tribunal which shall pass such orders as are necessary to d..Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......n alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......1/3" x scalp deep on the left parietal region of his head. According to P.W.17, only the diffused swelling with deformity and fracture of bone of left forearm was grievous and the rest were simple in nature. 31. P.W.17 examined accused appellant No 1 and found two oblique incised wounds 21/2" ..Category: Criminal Law | Date: | Hits: 86
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420....... The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......of the deed of lease. So the action taken by the respondent is legal. In course of argument Mr. Q A Hossain also submitted that the instant writ petition does not lie before this court in view of the nature of the transaction between the petitioner and the respondents. 14. The first question t..Category: Property Law | Date: | Hits: 133
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......rom the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ...... and depose in this case. P.W.2 is a local M.B.B.S doctor. He said that he does not remember whether Rakkhi Bahini people recovered any arms and ammunitions. He does not remember anything of this nature. P.W. 3 is the Magistrate 1st Class who recorded the confessional statement of Masudur Rahman..Category: Criminal Law | Date: | Hits: 97
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......thers.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Chandra Ray and another, 11 ......urisdiction as contemplated in old section 115 of the Code of Civil Procedure was discretionary although that discretion was judicial. There appears to be no reason to hold that the discretionary nature of the old Section 115 C.P.C. has undergone any change in the new section 115. Thus the High ..Category: Property Law | Date: | Hits: 115
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ion with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ahar, police prepared an inquest report, where the informant identified the dead body. The police also seized the blood stained wearing apparels of the victim, prepared a seizure list and obtained signatures of the witnesses thereon. The informant proved the ejahar, inquest report, seizure list and ..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......de. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......IR 1979 (SC) 1705 their lordship of the Supreme Court of India under similar facts and circumstances held: “There is no evidence of any witness to show that the counterfeit notes were of such a nature or description that a mere look at them would convince any person of average intelligence tha..Category: Criminal Law | Date: | Hits: 111
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......e matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......sons from being singled out as a special subject for discriminating and hostile legislation. It does not, however, mean that every law must have universal application, for all persons are not, by nature, attainment or circumstances, in the same position. The varying needs of different classes ..
Category: Election Law | Date: | Hits: 391
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