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Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......arim stated that at the relevant time he was posted at Jhenaidah Police Station. After being assigned for investigation, he had visited the place of occurrence, prepared the sketch map with index and recorded statements of the witnesses under section 161 of the Code. As he found prima facie case aga......th, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......as no question of the suit being barred by limitation. Moreover, it appears from the cross examination of P.W.1 (deposing on behalf of the Vendor) that time was extended by the Vendor. The witness is recorded to have said, “I agree that 9½ years were extended for completion of the deed of sale”...... Company, AIR (1955) Cal.298; Anwara Begum Vs. Md. Karimul Haque and others 5 BLC (AD) 119; Ma Shwe Mya Vs. Maung Mo Hnaung, 63 I.C. 914; Mojibur Rahamn Vs. Bangladesh, represented by the Secretary, Ministry of Works 47 DLR 232; Yousuf (Md.) Vs. M A Wahab 6 BLC (AD) 99; Uttar Pradesh Cooperative Fed...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......d also for declaration of plaintiff's title in .47 acre of land by virtue of registered deed of exchange dated 24.05.1998. 4. The case of the plaintiff, in short, was that the suit jote recorded in C.S. Khatian No.106 of mouza Arulia, District-Bogra was recorded in the name of Syed Alt......miss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......arraf Hossain Chowdhury the mautwali of Syed Moazzem Hossain Chowdhury used to possess the land of suit plot No.1029 in his khas right and the said land was also recorded in his name in his khas khatian. That the recorded zamindeers Krishno Sundari and others never possessed the land of this su..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
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Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......In the instant case where investigating officer, Mr. Monirul Haque without collecting evidence required by law, simply recommended for discharge on the basis of the statements of the accused persons, recorded under section 161 of the Code of Criminal Procedure where the prosecution had no other alte......Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
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Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....e of rape punishable under section 9(1) of the Ain. Thus no prima-facie case under section 9(1) of the Ain against the appellant has been made out and such he is liable to be discharged. The Tribunal wrongly framed charge under section 9(1) of the Ain against him, who ought to have been discharged u......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ...... seizure list in presence of witnesses. The accused-petitioner was one of the associates of the accused Md. Bazlur Rahman. 3. During investigation, the investigating Officer examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. The accused Md. Bazlu...... records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....ad to a firm conclusion of guilty mind or strong circumstance to convict a person basing on it. It is held in a number of cases that even an innocent man may feel panicky and try to evade arrest when wrongly suspected of a grave crime; such is the instinct of self-preservation. The fact of abscondin......ination of P.W.11. The Tribunal allowed the prayer and he was reexamined on 7th October, 2003. He was declared hostile by the prosecution and in course of cross-examination, he stated that the police recorded the statement of his wife at Rangpur Medical College and that one eye of his wife was damag......n 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......ot possession thereof. 4. Thereafter, the plaintiff made an attempt to get his name mutated in respect of suit land but it was found that the names of defendant Nos.1 and 2 had already been recorded in respect of the suit land although they had no right, title, interest or possession there......ovember 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sus......ibit 1(Gha), Exhibit 1 (Uma), Exhibit 2, Exhibit 3, Exhibit 5, Exhibit 6, Exhibit 7, Exhibit 8, Exhibit 9(Ka), Exhibit 9 (Kha) and Exhibit 5 (Ka). The aforesaid Exhibit also include the mutation khatian, the application for mutation, order passed in the Mutation Case, rent receipt, information ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ...... the arms. Eventually, this witness was tendered and the defence declined to cross-examine him. 24. P.W.7 Sayed Faruquzzaman was the duty officer of Lalbagh police station at the relevant time who recorded the ejahar and filled up the column of ejahar from. He proved the ejahar as Exhibit 2, his ......im and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......ome. After autopsy the cadaver was buried in absence of the accused. Then P.W.1 as complainant filed a complaint before the Magistrate, Sherpur which was referred to the Police Station wherein it was recorded as Sherpur Police Station Case No.9 dated 12-6-2004 corresponding to GR No.486 of 2004. ......m their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......e to him who recording the same as First Information Report (in short, the FIR) sent to the police station for recording the case and accordingly Gangnee Police Station Case No.8 dated 10-11-1998 was recorded. The case was investigated by P.W.12 who after completion of investigation submitted charge......y of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......fence lawyer was appointed by the trial court to defend him. At trial, charge under section 302 was framed against the accused. Since the accused was on the run, his answer on the charge could not be recorded. The prosecution examined 9 (nine) witnesses in the case to prove the charge who were cross......f the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......presence both side following the proceeding. The learned Counsel further contended that the predecessor of the plaintiffs took pattan in the year of 1353 BS through unregistered Hukumnama from the CS recorded owner of Muktagacha Zamindar Estate and SA record has been prepared in their name according......ers …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of t......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... on the basis of the naraji petition as before filing of such naraji petition, treated as fresh complaint the police officer did not refuse to accept the complaint being requested. The police officer recorded the case and after investigation submitted police report under section 173 of the Code of C......order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:...... murdered his daughter for the cause of dowry. Then the accused gave out a story of committing suicide by hanging. The petition of complaint was referred to the local Police Station wherein it was recorded as Badda Police Station Case no. 30 dated 17-09-2003 corresponding to G.R. No.1791 of 2003 ...... earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
.... 9. Similarly the claim of the defendants that they got compromise decree against Paresh Nath Dey during the period of war of liberation is also doubtful. But then, the fact remains, rightly or wrongly, they got a decree in a suit for specific performance and the said decree was acted upon an......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......owever, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
.... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ......stigating Officers who submitted charge sheet, stated that after the case was endorsed to him, he visited the place of occurrence and prepared the sketch map with index. He examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and produced the victi...... The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
....ly found that inclusion of the property in question in the list of abandoned buildings was not illegal, but the High Court Division in its writ jurisdiction without adverting those findings held wrongly that since Ghulam Rabbani executed and registered a sale deed in the year 1972 in favou....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......peal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......visible land described in schedule "Ka" to the plaint. That during S.A. operation Abdul Gafur was ill and bed-ridden and taking that advantage Ismail Chowkider got excess land than his actual share recorded in his name and in the name of his son Abdus Sobhan. That the suit land has never been part...... This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ective writ petition, it appears that in fact the petitioners came before the High Court Division to set-aside/quash the proceedings invoking its inherent power under section 561A of the Code, but wrongly styled the application under article 102 of the Constitutio...... Constitution. 60. In Babhutmal Vs. Laxmibai, AIR 1975 SC 1297, it has been argued that the High Court cannot while exercising jurisdiction under Article 227, interfere with findings of fact recorded by the sub-ordinate Court or Tribunal. Its function is limited to seeing that the subord...... brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
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