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Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108....... In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......the decision in the case of Kuruma Vs. Queen, Law Report (1955) AC 197 (PC). Where in it is observed in this decision: "In their Lordships, opinion the test to be applied in considering whether evidence is matters in issue. If it is, it is admissible and the Court is not concerned with how the..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......rs in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......r section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding except on the complaint in writing of such Court, or of some other Court..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......d above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ...... from them and allocate them for hearing to the Additional Sessions Judges. 82. Mr. Md. Ruhul Amin-II learned Advocate has submitted that the learned Assistant Sessions Judge has not discussed the evidence on record and the learned Magistrate also did not express any opinion about the continuit..Category: Criminal Law | Date: | Hits: 158
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. 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: 41 DLR (HCD) (1989) 379. ......o costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ...... petitioner when 7 witnesses including the opposite party No.4 was examined and on 14.8.86 another 8 witnesses were examined on behalf of the opposite party No.4 and certain papers were admitted into evidence and marked exts.1-6. After hearing the arguments the Election Tribunal adjourned the case t..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......ction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......ilty. 4. Prosecution has examined 9 witnesses in support of the prosecution case and tendered one for cross-examination by the defence. 5. The learned Sessions Judge upon consideration of the evidence and materials on record convicted the accused appellant as aforesaid and acquitted others. ..Category: Criminal Law | Date: | Hits: 128
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......ny other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349....... way connected with the commission of the alleged offence and they have been falsely implicated in the case. 6. The learned Additional Sessions Judge after examination of the P.Ws. and considering evidence on record, by his judgment and order dated 16.2.82 convicted the appellant No.1 Abdul Khale..Category: Criminal Law | Date: | Hits: 101
....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......pondents
Judgment
July 22, 1993.
Result:
The appeal is dismissed.
Lawyers Involved:
Md. Moksudur Rahman, Advocate ‑ For the Defendant-Appellant.
SS Halder, Advocate ‑ For Plaintiff‑Respondent.
Appeal from Original Decree No.26 of 1986.
Judgment
Mozammel Hoque J.-......hree witnesses including himself and the contesting defendant No.2 examined one witness. The plaintiff submitted so many papers and documents which have been marked as exhibits. After considering the evidence on record the learned Subordinate judge passed the Judgment and decree in Paul the aforesai..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......ferred. (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due difference was not within his knowledge or could not be pr..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ndergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......de about 20‑30 yards the paddy khola of Bahadur is situated. The learned Additional District and Sessions Judge observed that place of occurrence is about 5 yards from the homestead of Sikim Ali as evidenced from the sketch map and index submitted by the police. The learned Judge further observed ..Category: Criminal Law | Date: | Hits: 139
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......tropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......t actuated in making such an imputation by any malicious motive.” 14. In the instant case time for discharging onus by accused petitioner has not yet arisen since prosecution has not yet adduced evidence after framing of the charge on 15.5.91 and that stage would arise after closing of the pros..Category: Criminal Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ...........Petitioner Vs. Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Amin, 21 PLD 622; Md. Amin Kh...... filing of the pre‑emption case, the opposite party 1 had not saleable or transferable interest in the case land. For those reasons, the pre‑emption case is not maintainable. Parties adduced oral evidence and riled their papers. Both the Courts below allowed pre‑emption against gift made by Ex..Category: Property Law | Date: | Hits: 127
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......all corroborated on, the point that they saw that the condemned prisoner after hurling fatal blow was fleeing away towards his house from the place of occurrence with the dao in his hand. Thus ocular evidence came from the mouth of the P.W.2. Although it is not direct evidence of hurling, dao blow a..Category: Criminal Law | Date: | Hits: 130
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......urt records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... not been filed within 6(six) months from the date of repudiation. The parties examined four witnesses each in the case and also produced a good number of documents and admitted those documents in evidence marking as exhibits. 6. The trial Court after hearing the case decreed the suit in full ..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......onfessional statements of two accused Bachchu and Jahangir Alam. P.W.5 Alamgir is the Daroga who filled up the FIR form. P.W.6 Shakawat Ali is the local practicing Advocate and the Notary Public. His evidence will be considered later on. P.W.8 Dr. Mamunur Rashid is the doctor who held autopsy on the..Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......) 352.......t form? 2. Is there any ground to institute the suit? 3. Is the plaintiff entitled to any relief as prayed for? 4. What other reliefs the plaintiff is entitled to? 7. Oral and documentary evidences had been adduced by both the parties in support of their respective contentions/pleas. ..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......9); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usman Sons Ltd., PLD 1969 Karachi 123 (125, 126, 135, 136 para 13 and page 140 para 18); Al-Baraka Bank Vs. Rina Alam, 56 DLR 588; Dacca Match Factory Vs. Bangladesh Match Factory Co., 30 DLR 244; Nasir Mia Vs......ry matter like an order of temporary injunction arising out of the main suit and the question raised before this Court by both the parties are matters to be decided by the trial Court on the basis of evidence to be adduced by both sides at the trial but for the purpose of a prima facie case we canno..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......esses examined by the prosecution in support of his case. 9. Mr. Md. Abdur Rahman Khan, the learned Advocate appearing on behalf on the condemned prisoner has submitted that there is no direct evidence of the murder in this case. The learned Advocate submitted that the confessional statemen..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... take cognizance of the offence described in section 463 of the Penal Code alleged to have been committed by a party to any proceeding in any Court in respect of any document produced or given in evidence in such proceeding except on the complaint in writing of such Court, or some other Court ..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......ch) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Abul Hashem Khan & others.......................................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Re......ion, etc. that the assertion of the defendants that the talk of sale of the suit industry in 1978 was not finalised and when they refused the plaintiff brought the suit is not convincing, that no evidence was adduced by the defendants that plaintiffs were friendly with defendants, etc. On the ab..Category: Business or Commercial Law | Date: | Hits: 349
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......nal Code and another charge against them under section 148 of the Penal Code. At the trial the prosecution examined 11 witnesses and tendered 4 as against none by the defence. On consideration of the evidence on record the learned Sessions Judge found 8 accused persons including the appellants and a..Category: Criminal Law | Date: | Hits: 147
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