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Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......tence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......ere cross-examined by defence. P.W.6 was tendered but not cross-examined by defence. 8. Petition of complaint and the sketch map with index were marked as Exhibits 1‑2. 9. After conclusion of evidence, the accused Abdul Majid was examined under section 342 of the Code of Criminal Procedure a..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The 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.......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....... proved the FIR, two confessional statements, seizure lists, jimbanama, TI parade sheet, sketch maps and indexes in support of the case. The defence produced no witness. 6. After considering the evidence on record the learned Additional Sessions Judge found both the accused guilty of committi..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.......ed by law to do so. The learned Counsel further submits that the DCT in making the assessment order is obliged in law to give the assessee a fair chance to clarify his position when he finds that the evidence adduced by the assessee is neither sufficient nor satisfactory and in the instant case the ..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......site Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Is......udiced by the orders because they did not get opportunity to file any written objection that those two documents since were not referred to in the plaint could not be brought into record as pieces of evidence as barred under Order 6 rule 2 CPC. The provision of Order 6 rule 2 CPC has been worded as ..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ...... Vs. Waker Ahmed and others.................Opposite Party Judgment April 13, 1995. Result: The application is rejected. Case Referred to- Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another, AIR 1956 Andhra Prodesh 64. Lawyers Involved: AK Badrul ......cluding the Government also filed written statement to contest the same. The plaintiff examined one witness and filed some documents in support of his title but the said defendants did not adduce any evidence. The Trial Court on conclusion of the trial of the suit after hearing both sides decreed th..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... passed by a competent Court the plaintiff has to prove that the decree was obtained fraudulently or by any other fraudulent means but in the aforesaid OC Suit No.142 of 1970 the plaintiff has led no evidence whatsoever to that effect. 9. It appears from the evidence of the lone witness who depos..Category: Limitation Law | Date: | Hits: 239
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......is Case is also Reported in: 48 DLR (HCD) (1996) 202. ......al the plaintiff examined five witnesses including herself as P.W.1 to prove her case. The defendants examined two witnesses. The learned Additional District Judge after considering the materials and evidence on record granted Letters of Administration of the Will holding that the Will in question i..Category: Property Law | Date: | Hits: 183
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. ......d 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 constable No.1834 Delwar ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....finding” of the Magistrate is based on no evidence whatever, for evidence has not yet been recorded in this case. Some papers were produced by the accused in support of alibi but these papers are inadmissible as no witness has been examined to prove them, and it is simply because the stage for a......n of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......ia, Mamun, Helaluddin, Sayedullah and Khan Mohammad. It is further alleged that the Investigating Officer including the Magistrate and the Sessions Judge did not come to any finding that there was no evidence against the opposite parties, but let them off with impunity on the ground of alibi which i..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......im……………...Petitioner Vs. Kabir Ahmed……………………Opposite Party Judgment December 2, 1997. Result: The Rule is discharged. Cases Referred to- Altaf Hossain Vs. Abul Kasem, 45 DLR (AD) 55; Abdur Rab Mia Vs. Fazlur Rahman, 43 DLR (AD) 23. Lawyers Invol......and being unable to get more votes than him he (Kabir Ahmed) on false grounds filed the election petition which was liable to be. 3. In support of the respective cases of the parties they produced evidence, documentary and oral. The Election Tribunal and the learned Assistant Judge after hearing ..Category: Election Law | Date: | Hits: 248
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....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.......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.......trate who recorded the statement of appellant Ahsan Ali and tendered one. The defence examined none. 6. Mr. MA Wahab Miah, the learned Counsel, for the accused-appellants, has taken us through the evidence on record and the judgment delivered by the trial Court and argues that there is absolutely..Category: Criminal Law | Date: | Hits: 132
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......so not adverted to this clear finding and therefore on all material points the appellate Court's judgment is not a judgment of reversal at all. 10. The trial Court also found after discussion of evidence on record that the suit land is possessed by the plaintiff-petitioner. The appellate Court ..Category: Property Law | Date: | Hits: 133
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......ts. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......l Banoo and Lal Banoo is wife of defendant No.20 Amjad Ali. In his cross-examination he has stated that he is not an attesting witness in the document and that he heard about the document only. His evidence thus has no evidentiary value in respect of the execution of the deed of gift of Korfulness..Category: Property Law | Date: | Hits: 135
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. ......mission of those documents which were, however, marked ex‑hibits with objection. 8. Besides, under section 118 of the Evidence Act, it is for the plaintiff to prove his case, on preponderance of evidence, either by deposing himself or by examining any other person on his behalf. In this case, t..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
....e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......rection.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......by the defendant. But possession of the plaintiff in the aforesaid circumstance has not created any title by adverse possession. Both the Courts below legally and rightly found on appreciation of the evidence on record that the plaintiff failed to prove his title. Original plaintiff Abul Hossain has..
Category: Property Law | Date: | Hits: 130
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......lisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457....... The learned public prosecutor Barisal preferred the above appeal against the judgment and order of acquittal. In the appeal the learned Additional Sessions Judge after discussing and considering the evidence on record found all the accused guilty under section 147 and the accused Bazlur, Alamgir an..Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......arua with Md. Abul Bashar, Advocates- For the Petitioner. None appears — For the Opposite Parties. Civil Revision No. 262 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule has been obtained by the plaintiff Md. Najabatullah against the defendant opposite parties 1-3 of Title Suit 7 of...... of arrest for production of the defendant No.3. 11. Order 16 rule 10 sub-rules (1) and (3) read as follows: “10. (1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a document fails to attend or to produce document in compliance with such sum..Category: Procedural Law | Date: | Hits: 137
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;......en held as follows: “In a case of a document executed by an illiterate pardanashin lady, the burden lies on those who seek to hold the lady to the contents of her deed to satisfy the court on evidence that the deed was actually executed by her with full understanding of what she was about to..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......…………Petitioner Vs. Bangladesh…………….Opposite Party Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred to- Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Kalyan Krishna Goswami Vs. Madhyapara High S......tion of complicated title is concerned the plaintiffs should have filed a suit for declaration of title and should make the prayer for permanent injunction. 8. Both parties led their respective evidence. 9. Trial Court decreed the suit believing claim of settlement of the plaintiffs on t..Category: Property Law | Date: | Hits: 103
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ...... the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......t and when the defendant was going to arrange a ‘darbar’ for recovery of the said amount, the plaintiff brought this false suit which is liable to be dismissed. 4. The trial Court recorded the evidence of 5 P.Ws. as against 3 D.Ws. and upon conclusion of trial of the suit he decreed the suit ..Category: Family Law | Date: | Hits: 230
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