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Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......tice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......uch elements of their personality, and anything more, would generally have constituted unexplored territory..............Once it is appreciated that final courts in particular, are obliged to analyse evidence and legal questions and solve disputes, in part by reference to considerations of legal pri..Category: Constitutional Law | Date: | Hits: 413
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......e time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......After close of 7, out of 8 charge-sheet named prosecution witnesses, the trial Court examined the accuseds under section 342 of the Code. Thereafter the Tribunal framed necessary issues, assessed the evidences adduced on behalf of the prosecution and by its Judgment and order dated 30.04.2008 acquit..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......f stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......chnical ground discharged the Rule that whether letter dated 25.2.1995 has been written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......t a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......onstitute a ground of limitation, when the title is threatened or evasion only then the cause of action would arise……………….(28) The records of rights of the Government which at best are evidence of possession at the time when such records are prepared and not an evidence of title. A re..Category: Property Law | Date: | Hits: 146
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......own the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......s are entitled to get acquittal. Even if there are elements of truth in the prosecution case that itself is not sufficient for conviction without being proved by the prosecution by legal and reliable evidence and the prosecution must prove the guilt of the accused persons beyond reasonable doubt......Category: Criminal Law | Date: | Hits: 95
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ...... is also Reported in: 27 BLD (HCD) (2007) 170. ...... local investigation necessary and proper for the purpose of elucidating any matter in dispute and an order of local investigation should not be passed where the court can decide the matter by taking evidence. 12. The plaintiff has filed this suit for a decree of permanent injunction restraining ..Category: Property Law | Date: | Hits: 84
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......ecords at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ...... and claimed justice. Trial was held in absence of absconding accused Ful Baru. 4. The defence case as it appears from the trend of cross-examination of the prosecution witnesses and also from the evidence adduced by the defence is that of innocence and false implication. Positive defence taken b..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......strate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......e learned Advocate further submits that the allegation of misappropriation money whether malicious or not that is a matter of fact, which should be decided by the trial Magistrate after assessing the evidence and as such the rule is liable to be discharged. 9. We have heard the learned Advocates ..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never form the bas..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......uitted the other co-accused from the charges brought against them. 6. Mr. Khandakar Saiful Islam, the learned Advocate appearing for the convict appellant submitted that in fact there was no legal evidence to prove that deceased Shahida Khatun was the wife of sole appellant Labai, therefore, the ..Category: Criminal Law | Date: | Hits: 80
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......2010) 395. ......dant No.1 nor possession of the suit land was handed over to the plaintiff. 4. P.Ws. and 2 D.Ws. were examined in support of their respective cases. The learned trial Court on consideration of the evidence and materials on record by his judgment and decree dated 27.04.1996 decreed the suit. As ag..Category: Property Law | Date: | Hits: 103
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......n at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......bitrarily stated, exercising his power under section 241A Cr.P.C. that the offences have not been proved which finding he has no jurisdiction to give without giving the prosecution a chance to adduce evidence because there is a world of difference between making out a prima facie case arid proving a..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ...... records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ...... same was read out and explained to him when he pleaded not guilty to the said charge and claimed to be tried in accordance with law. The learned Special Judge fixed 12‑11‑89 as the next date for evidence for the prosecution and on that date again an application was filed on behalf of the accuse..Category: Criminal Law | Date: | Hits: 110
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......ts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......une 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amount. Only wife can remit the dower or part thereof in f..Category: Family Law | Date: | Hits: 122
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......ary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......intiff) proved his documents which were exhibited and marked as exhibits 1-6, P.W.2, P.W. Md. Wahejuddin and P.W.3 Md. Wabiraddin Talukder are the local witnesses who were examined to corroborate evidence of P.W.1 hi respect of possession. 9. The defendants examined six witness, of them, Md. ..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......ellants are innocent and they have been falsely implicated in this case and as such they should be acquitted of the charge levelled against them. He then submits that the instant case is a case of no evidence and the prosecution miserably failed to prove the guilt of the accused-appellants. He submi..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......ance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......ot take advantage of cheir own conduct, which is apparently fraudulent. Besides, mere delay in a case like the one before us is not fatal, because the allegations made are based mainly on documentary evidence, where the chance of concoction or false embellishment is nil or the least. Hence, we don't..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....tness No.1 is a fictitious person and did not give evidence and the P.W.6 and P.W.15 are not credible independent witnesses and therefore, the seizure list has not been proved and the seizure list is inadmissible evidence, for which reason the seizure list is not legal evidence; that the evidence ad......LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......minal Procedure if he can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Crimina..Category: Criminal Law | Date: | Hits: 109
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......or Rahman Mondal, Advocate - For the Petitioner. No one appears - For Opposite-parties. Civil Revision No.887 of 2008. Judgment Mamnoon Rahman J.- The certified copy of the plaint of Title Suit No.309 of 2004 and the Order dated 13-8-2005 passed by the Joint District Judge, F...... in interest of the petitioners are different. The defendants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in preliminary form vide Judgment and decree d..Category: Procedural Law | Date: | Hits: 94
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......urt's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ...... The appeal is dismissed. Differences between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecution but minor discrepancies in the evidence will not make the prosecution case doubtful. Discrepancies are of minor character, do not g..Category: Criminal Law | Date: | Hits: 79
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