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Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......ated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......l Procedure due to absence of the complainant-appellant in the Court on that date. 2. Learned Advocate for the appellant shows from the record that CR Case No. 3 of 1984 was earlier tried and upon evidence accused Chand Mia and another Salema Khatun were found guilty under section 467 PC and acco..Category: Procedural Law | Date: | Hits: 73
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......th any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......-petitioner inasmuch as the same was recovered from the bamboo clump which is an open and public place and that the fact of alleged seizure of the arms has not been proved by any cogent or consistent evidence and, as such, the fact of recovery is doubtful. 6. After close of the prosecution case t..Category: Criminal Law | Date: | Hits: 65
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......This case is also Reported in: ......ich is hit by the principle of lis pendens and therefore, he cannot claim to be a bona fide purchaser. 13. I have considered the submissions of learned Advocates for both the parties, examined the evidence on record and gone through the judgments. It appears from the plaint, deposition of P.W.1an..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......esses. After the prosecution was closed, the learned Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, and declined to adduce any evidence in defense. The defense case, as it transpires from the trend of cross-examination that the..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......n and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ...... prosecution was closed, the learned Additional Sessions Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, but did not adduce any evidence in defense. After conclusion of trial the learned Judge found the appellant guilty of murde..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ...... at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......011 and took adjournment for a week. 7. Mr. Abdullah Al mamun, learned Deputy Attorney General appearing for the State submits that the learned Additional Sessions Judge on proper consideration of evidence of both the sides arrived at definite finding that opposite party No.1 was in possession of..Category: Property Law | Date: | Hits: 53
..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
...... Court
High Court Division
(Civil Appellate Jurisdiction)
Present:
Faruque Ahmed J
Md. Ruhul Quddus J
AKM Waliullah and others ………………...Appellants
Vs.
Secretary, Ministry of Housing and Public Works and others…………………Respondents
Judgment
Decemb......ubmissions advanced by learned Advocates of both the sides, examined the materials on record and gone through the decisions cited. It appears that the Court of Settlement considered and discussed the evidence both oral and documentary as adduced by the petitioner and observed that “it also appears..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......lso Reported in: 35 DLR (AD) (1983) 123. ......the parties, or if otherwise, between the applicant and other parties. (2A) A miscellaneous case registered under sub-section (2) shall, unless the Court considers it necessary to take any other evidence, ordinarily be disposed of on affidavit. (3) On such application being made, the Court s..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......also reported in: 35 DLR (AD) (1983) 116....... land purchased by him as a rent sale and suit was filed for declaration of his title and partition of the same plaintiff’s father got a decree in that suit. The trial Court in consideration of the evidence led by the parties and referring to the recitals in the pattas arrived at the finding that ..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......ingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......l and Jail Appeal were heard by a Division Bench of this Court comprising my learned brothers Khondker Musa Khaled and Zubayer Rahman Chowdhury, JJ. The learned Judges upon considering all the facts, evidence and materials on record, by their judgement delivered on 30th and 31st August, 2008, unanim..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......e appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ......agency submitted a police report against those confessing accused and four others. The prosecution examined 11 witnesses in support of the charges. The learned Assistant Judge on consideration of the evidence on record, mainly relying upon the confessional statements which were found true and volunt..Category: Criminal Law | Date: | Hits: 100
Monir Hossain Vs. State, 2012, 41 CLC (AD)
.... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ......with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ...... to the local hospital where he was declared dead. 3. Prosecution in support of its case has examined 17 witnesses but the defence examined none. The Druta Bichar Tribunal on an assessment of the evidence on record found the petitioner along with six others guilty to the charge and another under..Category: Criminal Law | Date: | Hits: 95
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ...... and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......ereupon made over to Moktar Hossain on 5th August, 1992. 3. Prosecution in support of its case has examined 11 witnesses but the respondent examined none. The Special Judge on consideration of the evidence on record found the accused-respondent guilty of the charge and sentenced him to rigorous i..Category: Criminal Law | Date: | Hits: 77
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......er of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......uit is liable to be dismissed. 4. Nine witnesses were examined in support of the plaintiff’s case and eight D.Ws. were examined in support of the defendant’s case. 5. Upon considering the evidence and materials on record, the trial Court by its judgement and decree dated 28.05.2002 decla..Category: Property Law | Date: | Hits: 66
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......e already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......riod and sold motor vehicle stamps for Tk. 2,16,035 and misappropriated Tk. 2,93,420.25. 2. In support of the prosecution case, it has examined 9 witnesses. The Special Judge on assessment of the evidence on record found the respondents guilty of the charges and sentenced them to 3(three) years ..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......e) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......d Chamakhi Mongi were recorded in the SA Khatian No.142. Against the decision of making khas, Lamio Matbar preferred an appeal before the learned Special Judge, Bakergonj, who on consideration of the evidence on record set aside the order passed by the Revenue Officer. The Additional Collector, Bake..Category: Property Law | Date: | Hits: 67
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......istry of Foreign Affairs, 14 witnesses were police officers, 6 witnesses were formal public witnesses. The defence examined none. 5. The learned Metropolitan Sessions Judge on consideration of the evidence on record found the accused-respondents and the condemned prisoner guilty under sections 30..Category: Criminal Law | Date: | Hits: 191
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... High Court Division upon a superficial consideration of the materials on record maintained the impugned order. He lastly submits that the material on record will prove that there is totally no legal evidence in support of the charge against the petitioner and as such, the learned Judges of the High..Category: Criminal Law | Date: | Hits: 66
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ......ween 1-1-1998 to 31-12-2004. The petitioner gave reply to the show cause notice on 28-11-2005 and claimed that the demand was not in conformity with the actual facts and circumstances and the valid evidence. The petitioner in support of its reply furnished particulars of relevant documents and cla..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......e find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183....... High Court in Civil Revision Case No.850 of 1975.) Judgment Kemaluddin Hossain CJ.- Leave was granted to consider three questions which are as follows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in ..Category: Property Law | Date: | Hits: 87
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