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Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......m the trend of cross-examination of the P.Ws., is that the deceased Hanufa Akhter committed suicide by taking poison. 6. The Learned Sessions Judge having heard both the parties and considered the evidence on record passed the impugned judgment and order of conviction and sentence dated 08.03.199..Category: Criminal Law | Date: | Hits: 112
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......1 being unspecified, vague and unfounded, the impugned judgment and order of conviction and sentence passed on the basis thereof is liable to be set aside. 15. He also submits that the documentary evidence was not exhibited and proved in accordance with law and thereby the prosecution also failed..Category: Criminal Law | Date: | Hits: 108
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......ther case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......d time and in the manner as alleged by the prosecution and whether the prosecution has been able to prove the complicity of the accused appellant with the commission of the said dacoity by tangible evidence and for that matter whether the conviction and sentence passed by the learned trial Court c..Category: Criminal Law | Date: | Hits: 84
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, AIR 1938. Lawyers Involved: Dewan A.M.S. Zaman with Ak......r by the plaintiffs or those who they represented. It is true in noting the user from time immemorial can be proved if by the user even for a period of 30/40 years, unless the same is rebutted by evidence. But user for a considerable period of time must be found for finding the user from time ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......Kalipada Roy Vs. Mukunda Lal, 34 CWN 131 Section 36; 7 DLR 94, 16 DLR 287 (SC), 6 DLR 539, 23 DLR 99. Lawyers Involved: Dewan A.M.S. Zaman, Advocate - For appellants. B.K. Das with Miftahuddin Chowdhury, Advocates - For the Respondents. Second Appeal No. 314 of 1973. Judgment Ab......n in the above suit land since the lime of their purchase. They also alleged that the certificate of sale is fraudulent and collusive. 7. The learned Subordinate Judge, on consideration of the evidence and the materials on record, declared the plaintiffs title and allowed the prayer for rec..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219....... period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219....... No.1 and 2 pleaded innocence. In the proceeding the petitioner examined 3 witnesses including himself, and the opposite parties examined one witness. The learned Magistrate on consideration of the evidence on record came to a finding that the petitioner had previous enmity with the opposite parti..Category: Criminal Law | Date: | Hits: 70
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......DLR (HCD) (1989) 190. ......uld involve no such hardship on the plaintiff. The defendant-petitioner merely wants an opportunity to incorporate his plea of hardship in the written statement so that he may be able to adduce evidence in this regard. Or else, he will be precluded from leading evidence in this regard. Mr. T.H..Category: Property Law | Date: | Hits: 58
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......e directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......d recovery of Khas possession of the suit land. The petitioner Nos.1 and 2 contested the suit by filing a written statement, denying all material averments made in the plaint. 3. On examination of evidence on record, the learned Subordinate Judge, found that although the plaintiff No.1 did not ex..Category: Property Law | Date: | Hits: 49
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ...... granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......creed but on appeal it was sent back on remand for trial afresh wherein it was renumbered as Other Class Suit No.96 of 1987. After hearing, the learned Senior Assistant Judge, on consideration of the evidence on record, found that the plaintiffs proved their prima facie title and also possession in ..Category: Property Law | Date: | Hits: 51
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......ce if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......ndered. After examination of the prosecution witnesses, the accused, were examined under section 342 of the Code of Criminal Procedure. The learned Additional Sessions Judge on consideration of the evidence on record was pleased to convict and sentence only these 4 accused appellants namely 1. Kab..Category: Criminal Law | Date: | Hits: 76
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......e, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......s-examination of the witnesses made on behalf of the accused Shah Alam is that he is innocent and is a victim of circumstances. He was examined under section 342 of the Cr.P.C. after the close of the evidence. In his statement under section 342, Cr.P.C. no involvement of this appellant in anyway h..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......er as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......ervice of summons upon the defendant in the suit. The learned Subordinate Judge has held that the summons upon Hara Mohan Das was duly served. He has however observed that in view of the satisfactory evidence on behalf of the plaintiff-Opposite party there is no necessity to examine the serving pe..Category: Procedural Law | Date: | Hits: 65
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......nishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......ntiate the charge prosecution produced 2 witnesses namely PW 1 Abdul Khaleque, Deputy Inspector, Narcotics Control Department and PW 2 Shahidullah, Sepoy of the said Department. On the basis of their evidence the learned Metropolitan Magistrate, Chittagong found him guilty of the offence punishable ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......ed to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......barakullah and vendee respondent No. 4 Fazlur Rahman. Documents adduced by the preemptors were marked as Exhibit‑1 to 4 while those of the objectors marked as Exhibit-'Ka' to 'Ga' series. On the evidence, oral and documentary on record, the trial Court dismissed the case. 14. Mr. ABM Mahbub,..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....e and Deputy Commissioner Sherpur, Jamalpur, and Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......nd Druta Bichar Ain Adalat Sherpur and Jamalpur for information, guidance and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 281.......erpur for short time to move application under section 526 of the Code before the High Court Division but such petition was rejected and said Court proceeded with trial, examined witnesses and closed evidence fixing next date for argument. Being thus apprehensive present application under section..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......56 DLR (2004) 477. ......hat kabala was not acted upon. The Appellate Court did not agree with the finding of the Trial Court that the plaintiff executed and registered the kabala. The Appellate Court on consideration of the evidence on record found that the plaintiff did not execute and register the kabala. 6. Mr. Bashi..Category: Property Law | Date: | Hits: 80
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......ills of Taka 17,35,000,00 and thereby, received Taka 69,45,548 in excess. 16. He submitted that the claims of the plaintiff were never accepted by the defendants, which could only be determined on evidence at the trial of the suit. He submitted that the Suit was ready for hearing and 5/6 witnesse..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ocate - For the Petitioners. AH Farooqui with AM Ruhul Quddus, Advocates - For the Opposite Parties. Civil Revision No. 2608 of 1991. Judgment MA Wahhab Miah J. -This Rule was issued calling upon opposite parties Nos. 1‑3 to show cause as to why the judgment and decree dated 26‑5‑......of gift. From the judgments of the Courts below it appears that this question was raised in the Courts below and both the Courts below answered the same against the plaintiffs on consideration of the evidence on record. Therefore, there is no scope to reopen the matter by this Court in exercising re..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......r Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is discharged. Cases Referred to- BSIC Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; New Dacca Industries Ltd Vs. Quamrul Huda and others, 31 DLR (AD) 234; Mobarakga...... as exhibit‑1 to exhibit‑10 while one power of attorney dated 6‑10‑86 and another memo dated 10‑3‑79 adduced by the defendants were marked exhibit-A and exhibit-B. 12. On the aforesaid evidence, oral and documentary, on record the trial Court found the suit not maintainable under sect..Category: Employment/Service Law | Date: | Hits: 174
....' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......y.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
......nce 54 of 1985 provided that a Court of Settlement shall after such enquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and, also adducing evidence, both oral and document make such decision. The Court of Settlement on consideration of the..
Category: Property Law | Date: | Hits: 81
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