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Displaying 1841-1860 of 1965 results.
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ...... be misled in exercising its discretion properly. Secondly, he submitted that in the absence of any other material on record excepting the FIR the High Court Division was wrong in holding that the prosecution has been able to establish a prima facie case and the embargo as to granting of bail und..Category: Constitutional Law | Date: | Hits: 150
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ...... Division. Main grounds on which leave was granted by us are that conviction based on the evidence of a single witness as against the evidence of other local witnesses, all declared hostile by the prosecution, is not proper and that miscarriage of justice has been caused by failure of the trial ..Category: Criminal Law | Date: | Hits: 69
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......6 under section 447 of the Penal Code against the defendants with the allegation that the defendants dispossessed Yusuf Ali from the suit land and the said criminal case was dismissed for non‑prosecution by said Yusuf Ali. 23. The Trial Judge dismissed the suit and the learned lower..Category: Property Law | Date: | Hits: 52
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ...... against him. The victim girl in her statement under section 164 of the Code of Criminal Procedure before the Upazila Magistrate, Satkhira did not name him. Without considering these aspects of the prosecution case and the fact that the prosecution in spite of notice did not come to oppose the pr..Category: Criminal Law | Date: | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......oner was advised (it is not said by whom) to move the same later on if the situation so demanded. 6. Admittedly the trial proceeded in the meantime and as many as 48 witnesses were examined by the prosecution. The prosecution evidence was closed on 24.9.91. The defence examined 10 witnesses and t..Category: Anti-Corruption Laws | Date: | Hits: 88
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......ollows as an extension of this principle, that the delinquent employee has a right to receive the charges against him, to submit a written reply to the same within a reasonable period, to have the prosecution witnesses examined in his presence and to cross‑examine them, to adduce his own w..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......ritically examined by the High Court Division to a sufficient extent as is required in a criminal case where bitter enmity between the parties is admitted and the material witnesses examined by the prosecution are admittedly partisan in character so that the possibility of the case being false o..Category: Criminal Law | Date: | Hits: 60
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......eet was submitted against the four accused ‑appellants along with the confessing accused Ezahar Ali. 3. The defence case, as it appears from the trend of cross‑examination of the prosecution witnesses, was that the appellants have been falsely implicated in this case out of en..Category: Criminal Law | Date: | Hits: 68
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....notice to quit. 13. A number of cases from Indian jurisdiction have been cited before us in order to support the view that a monthly tenancy is heritable though right in the tenancy is limited or partial and the tenant inherits only that right which the original tenant held and nothing more. Amo......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....quantitative limitation set by sub-section (2). 7. The High Court in construing clause (c) (ii) has held that the clause has bifurcated a mixed wakf into charitable and secular, and has thus partially destroyed such a wakf. The secular portion will be treated as out side wakf and it is to......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......e of his public duties, it was necessary to obtain sanction from the Government before he could be prosecuted. The complainant having failed to obtain any sanction from the Government for starting prosecution, the Sub-Divisional Magistrate dismissed the case under section 203, Cr. P. C on 28. 4...Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ncomplete hut of the complainant Jainullah. In the charge under section 302/149 it was alleged that, two members of the unlawful assembly, namely, the appellant Tozammel and another named Ilias in prosecution of the common object of the unlawful assembly caused death to Rustom and Khurshed and t..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....also found Mr. Khurshed Alam Khan guilty for abetting the offence of contempt of court and sentenced him to pay a fine of Tk. 200/- in default to suffer simple imprisonment for 5 days making the Rule partially absolute. 5. Special leave to appeal was obtained to consider the following questions:...... 6. Mr. K.A. Bakr, learned counsel at the outset submitted that he had no instruction as regards Appeal No. 6-D and 7-D of 1971 and suggested that these two appeals might be dismissed for non-prosecution or for default. It is to be noted that these appeals-related to quasi criminal matters a..Category: Civil Law | Date: | Hits: 142
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......th another, not before us, was placed on trial before a Magistrate, 1st Class, Tangail to answer two charges, one under section 457 and the other under section 380 of the Penal Code. 2. The prosecution case is that Badsha Mia, informant on the night following 10-3-67 at about 1-30 A.M. wo..Category: Criminal Law | Date: | Hits: 74
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......e prayed for passing over or for adjournment of the matter. We have observed for some time past that learned Advocates are not generally found on call and after cases are dismissed for non-prosecution such applications for restoration are filed. We have shown leniency in such matte..Category: Procedural Law | Date: | Hits: 89
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......nbsp; 2. The accused-petitioners faced a trial under section 379 of the Penal Code before a Magistrate, First Class, and Tangail in case No. 821(1) of 1968. The prosecution case against them was that on the 11th Ashar, 1375 B. S. they along with others ..Category: Criminal Law | Date: | Hits: 66
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....al Leave has been granted to appeal against the said Order of the High Court Division to consider the question whether the Election Tribunal acted within its authority in setting aside the election partially i.e. in respect of one Ward only. 8. Mr. Shah Azizur Rahman, the learned Counsel appea......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......A of the Code of Criminal Procedure, to quash the proceeding in D.A.B.C. R. Case No. 53 of 1968 pending against the appellants in the Court of Sub-Divisional Magistrate, Chittagong (North). 2. The prosecution case is that the appellants 1 and 2 of appeal No. 28 are partners of a Firm known as Abd..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ...... accused to detail ami lengthy examination it is nonetheless mandatory that while examining the accused under section 342, Cr.P.C. his attention should be drawn to the evidence upon which the prosecution claims that the case is made out against him, so that he may give such explanation as h..Category: Criminal Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....he execution proceeding is not affected but the decree under execution becomes liable to be adjusted to the manner as laid down in the said rule 18 of Order 21 of ther Code. In the event of full or partial execution of the decree, therefore, the subsequent passing of a decree in the later suit i......unsel appearing on behalf of the appellant, who is the decree holder in the execution case, has submitted that, having regard to the averments made in the proposed plaint in the suit, for the prosecution of which in forma pauper is permissive has been sought by Respondent No. 1 under Order ..Category: Property Law | Date: | Hits: 61
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