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Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....that a judge does not act callously or even mechanically. Its purpose is to put the judge on right track so that he acts judicially. It enables the High Court to Judge whether Court of 1st appeal had independently considered the case with a consciousness of relevant points which arose for adjudicati......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
.... and culminating in its attainment, it will not constitute a basis for constructive liability under section 34 against others who may be a party to the common intention. Once the criminal act becomes independent of the common intention though done in pursuance to an intention same or similar to that......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....the learned Sessions Judge had based his conviction of the accused appellants upon so‑called professional statement of accused appellant Nazrul and accused Kashem. He has submitted that there is no independent corroborating evidence whatsoever for finding the accused appellants guilty. So far as o...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... cannot be considered to be reasonable where such restriction prevents the disclosure of unconstitutional practices and abuse of the Constitution, that the superior judiciary is no longer found to be independent in the exercise of its functions, that the law of Contempt of Court cannot be used to ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......parate written statement denying all the averments made in the written statement by the defendant No. 1. His case is that plaintiff Bank decided to open a branch at Ajmiriganj and sent him there with appointment as Manager designate for the said branch in May, 1966. The branch was opened with the st..Category: Civil Law | Date: | Hits: 82
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....o, this is a fit cause for sending the suit on remand to dispose of the suit on merit giving chance to the parties to adduce evidence Afresh and to come to a fresh decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged wi......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....section 342 Cr.P.C. the appellant also did not state anything except that he was not guilty. 15. In the above facts and circumstances, we find nothing to disbelieve the evidence of P.W.2 who is an independent and disinterested witness. His evidence along with the evidence of the informant SI Md. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....purview of sections 496 and 947. If section 498 were given the wide interpretation envisaged in the case of Hidayat Ullah Khan, section 498 would not be ancillary or subsidiary, but would be wholly independent of the powers conferred on the High Court or the Court of Section by sections 496 and 49......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
.....00 as mentioned in the sale deed Ext. 1 with the finding that the transfer was with agreement for reconveyancc. The Appellate Court below affirmed the finding of the Trial Court without applying his independent judicial mind. Finding of the both the courts are erroneous in view of the fact the regi......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....l of Bangladesh along with her husband and children. Sometime in 1971 she went to Karachi with tier children for attending a social function there and before her return from Karachi Bangladesh became independent on 16th December, 1971. In view of the law and order situation then prevailing in Bangla......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....ircumstances of the case which can justify transfer of a case for ensuring equality and justice to both the parties of the suits. 8. An application for transfer in the High Court Division being an independent original proceeding within the meaning of Section 141 of the Code of Civil Procedure sho......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....speak the true facts-sometimes the independent witnesses are not inclined to depose for fear of reprisal. There, is therefore, no general rule that the evidence of relations must be corroborated by independent witnesses for securing the conviction of the offender. We are also not unmindful that in......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....b‑clauses being sub‑clauses (i) and (ii) and also two exclusion sub‑clauses appearing as sub‑clauses (a) and (b) thereof. It was laid down in this case that inclusion clauses (i) and (ii) are independent of the main clause (1) and it was also held in this case that exclusion clauses (a) and ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
....tion of the consideration No.7 of the tender, by putting the blame on a 3rd party namely, the Bank.
29. It, therefore, appears that the petitioner Sharif & Company's case has been considered by an independent Enquiry Committee. The said report of the Enquiry Committee had also been considered by ......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
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Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....posal by outright auction." 11. So the lease, if any, granted is a monthly lease. The defendant, however, did not file any paper relating to the alleged lease. Be that as it may, the lessee has no independent interest but her right depends on the Government's right and so she is neither a necessa......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..Category: Property Law | Date: | Hits: 73
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......uit No.194 of 197 of the same Court was instituted by the respondent against the appellant and two others. Under Schedule III of the Arbitration Agreement falls the properties under dispute. Prior to appointment of Mr. Justice TH Khan, Arbitrator and execution of the Arbitrator Agreement the third m..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
.... the judicial enquiry and it is not correct that his evidence does not tally with the ejahar. He further states in his Cross-examination that the accused are very powerful persons and that is why any independent witness did not agree to depose. He could not remember whether finger cutting of Faiza K......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....id Mohiuddin was having rivalry with the appellants. P.W.2 in her examination-in-chief stated that she did not disclose any name to the neighbors immediately after the occurrence took place. The most independent witnesses namely P.Ws.4 and 5 being neighbors of the informant are vital witnesses in th......Session Case No.41 of 1995 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: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....entified the dead body of her son. Subsequently appellant No.3 Abdur Rab Chowkider took her thumb impression on a paper for the purpose of burial of the dead body. 16. P.W. 2 Naderr Zaman, a local independent witness, stated that the informant was his neighbour. On 13.10.1997 at about 4 p.m. he h......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....lly at the time of being taken from the place of occurrence to the hospital and also at the time while he was taken from the Ward No.6 to the operation theater before the witnesses who are not at all independent being the relations of the deceased. Furthermore, P.Ws. 2 and 3 claimed themselves to be......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
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