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Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......e is also Reported in: 45 DLR (HCD) (1993) 675. ......R Case No.11 of 1983 under section 145 or the Code of Criminal Procedure in respect of the suit property. Sub‑section (4) of section 145 provides that the learned Magistrate after inquiry by taking evidence of both the parties and considering documents, if any, shall decide as to which of the part..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......r respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669....... jurisdiction to entertain the suit and was not justified in passing the impugned decree. 5. Mr. MA Aziz, learned Advocate appearing with Mr. M Rezaul Karim Advocate, submitted that in view of the evidence on record and position of law as to burden of proof in the matter order of confiscation of ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mojibar Vs. State, 1998, 17 CLC (HCD)
....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......falsely been implicated in this case. Prosecution side examined 8 P.Ws. including the complainant, Investigating Officer and the Magistrate. The learned Assistant Sessions Judge after considering the evidence on record found the accused appellant and another guilty under sections 395/397 of the Pena..Category: Criminal Law | Date: | Hits: 78
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......passengers in the trawler but they were falsely implicated by the officer-in-charge for his personal gain and credit. The accused persons also examined one witness as DW. After considering the entire evidence, the Tribunal found accused persons guilty of the charge and convicted and sentenced them a..Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......rial was held in absentia. Charge was framed under section 302 of the Penal Code and thereafter a State defence was appointed to defend him. Prosecution produced 12 witnesses. On consideration of the evidence on record, the trial Court found the accused guilty under section 302 and sentenced him as ..Category: Criminal Law | Date: | Hits: 74
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......s judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488....... After close of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence on their behalf. 6. The defence case, as could be gathered from the trend of cross-exami..Category: Criminal Law | Date: | Hits: 70
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ...... appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......into the hands of an innocent citizen without the slightest of his knowledge and he may so use it without knowing or having reason to believe it to be forged or counterfeit. 12. Where there was no evidence that the currency note in possession of the accused was of such nature or description or lo..Category: Criminal Law | Date: | Hits: 87
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289....... Khaleque for SS Halder, Advocate- For the Petitioners. Not Represented — the Opposite Parties. Civil Revision No.7753 of 1991. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 25-3-91 passed by the District Judge, Bogra in Title Appeal No.197......ode of Civil Procedure and the same has occasioned failure of justice. The learned Advocate further submits that the learned court of appeal below erred in law in directing the trial Court take fresh evidence while sending the case back on remand to the trial Court and the same has occasioned failur..Category: Property Law | Date: | Hits: 75
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......ove the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ...... of the proviso to section 3 of the Prevention of Corruption Act, it did not necessarily follow that the subsequent trial was vitiated. 8. “The trial court has to decide the case on the basis of evidence led before it, and the mere fact that the agency which collected such evidence was in law n..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
.... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......ty and claimed to be tried. 4. At the trial the prosecution examined 5 witnesses in support of this case and the defence examined none. 5. The learned Magistrate on careful consideration of the evidence on record found the accused petitioners guilty under sections 447/379/447 of the Penal Code..Category: Criminal Law | Date: | Hits: 73
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......ister of P.W.4 Asad and in the melee victim was murdered and his mother Hasen Banu and nephew Asad were injured. 5. Prosecution examined 15 P.Ws. but defence examined none. On consideration of the evidence on record trial Court acquitted the accused opposite parties by the impugned judgment. Bein..Category: Criminal Law | Date: | Hits: 64
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
....gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259....... the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259.......tarted on the application of the 1st party and the disputed land was attached and officer-in-charge of Kotwali PS was appointed receiver of the disputed land in that processing. After considering the evidence learned Magistrate kept the disputed property under attachment in the custody of the receiv..Category: Criminal Law | Date: | Hits: 65
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......ound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......a PS area there was no illegality in lodging the FIR in Palong PS and investigating and submitting charge sheet by an officer of the Palong PS. He further submitted that since on consideration of the evidence on record Special Tribunal found the accused guilty of the offence alleged against him ther..Category: Criminal Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244....... declared hostile and was cross-examined by the prosecution. 13. The mere fact that a witness is declared hostile and allowed to be cross-examined does not make him so unreliable as to exclude his evidence altogether from consideration. His evidence is to be considered for what it is worth. Looki..Category: Criminal Law | Date: | Hits: 74
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......nce of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......made certain allegations against Mr. Abdus Salam that he had threatened them. 5. After such denial of the allegations it was incumbent on the learned District Judge to hold an enquiry by recording evidence of the parties to find out whether there is any prima facie case to send the matter to this..Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ......ct. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ......itioner was not given an opportunity to examine the witnesses and the enquiry was not conducted as per Regulation No.32 of the Employees Service Regulation. He has further submitted that there was no evidence of negligence and no show cause notice was served on the petitioner prior to passing order ..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......hammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......he learned Advocate, volunteered to appear on behalf of the condemned accused as none appeared on his behalf and the court accepted his offer. He took us through the FIR and other materials including evidence on record and also the judgment of the learned Sessions Judge and submitted that upon a pro..Category: Property Law | Date: | Hits: 69
Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ......ht by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ...... in the first place, that the matter contains a disputed question of facts with regard to the number of population which this Court cannot, in its writ jurisdiction, go into and decide without taking evidence about the number of population in each of the said Union Parishads or any Mouzas. It also a..Category: Election Law | Date: | Hits: 137
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......n with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......f the Penal Code and sentencing him to suffer rigorous imprisonment for life is liable to be set aside. He then submits that the learned Additional Sessions Judge though found that there was no clear evidence as to the involvement of the accused appellant in the commission of the alleged offence yet..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......posite–Parties Judgment March 20, 2002. Result: The Rules are made absolute. Cases Referred to- BCR 1983 (AD) 46 [Md. Kashem Vs. GoB]; Mrs. Husna Mansur and others Vs. Secretary Ministry of Public Works and Urban Development, 34 DLR (AD) 35; M Ismail and others Vs. Trans Oceanic......roperty to defendant No. 5 and the order of temporary injunction, although those are not at all material and relevant for deciding the merit of the suit in view of the pleading of the parties and the evidence adduced. Both the Courts below came to the finding that, in fact, the allotment given to th..Category: Property Law | Date: | Hits: 122