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State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ibi made similar statement like P.W.4. 10. P.W.7 Bissed Ali stated that on hearing hue and cry on the date of occurrence from the house of informant P.W.1 Bidhu Pramanik he went there and saw many persons assembled there and also saw the dead body of the mother of the accused lying in the courtya..Category: Criminal Law | Date: | Hits: 72
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62...Category: Employment/Service Law | Date: | Hits: 101
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......yer for pre-emption by filing a written objection denying all material allegations made in the petition and contended that Misc. Case was bad for defect of parties as the pre‑emptor did not make 16 persons as parties as specifically named in paragraph 8 of the written objection in the case who are..Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......itioner and the plaintiff Bank. 7. Learned Subordinate Judge is wrong. There is no legal bar in selling a mortgaged property. The purchaser thereof shall be its owner with the encumbrance. 8. A person is entitled, to be added as a party in a suit even he be a stranger, if he has direct interes..Category: Procedural Law | Date: | Hits: 67
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......on query came to know from his brother that on 8‑12‑95 at 8‑30 PM while his brother Masudur Rahman (Babu) reached at Karim Kuthi Forester Bari pool with his friend Sarder Sagir, all the accused persons attacked them and then picked up Masudur Rahman (Babu) on a motor cycle and took him to Kalu..Category: Criminal Law | Date: | Hits: 74
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......s no reference of any case in that notice in connection with which petitioner was asked to produce his documents. Section 160 of the Code of Criminal Procedure authorises police officer to direct any person to appear before him and in connection with investigation of a criminal case. Under clause (1..Category: Criminal Law | Date: | Hits: 60
....‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......™ list the respondents did not follow the procedure lied down in President’s Order No.16 and Ordinance No.54 of 1985. The right to acquisition and enjoyment of property is a fundamental right and a person cannot be deprive of this right unless the property is compulsorily acquired, nationalised or..
Category: Limitation Law | Date: | Hits: 175
....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......ing witness in presence delinquent student, giving opportunity to cross‑examine witnesses. Admittedly petitioner was given opportunity to show cause and he submitted a written reply and he was also personally heard. There was no allegation of mala fide against the invigilator and the Chief Invigil..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......mmons and send it through CMM Court, Dhaka. This was received by the accused petitioner on the 4th September, 1993. It was directed in this summons that the accused petitioner was to appear either in person or through the lawyer before the learned magistrate on 5-9-1993. Thereafter, the petitioner a..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......er and father were convicted in a case the appellants Mozaffar and his brother Nuru deposed as P.Ws. P.W. 3 further stated that in the following morning also he did not visit the house of the accused persons as he was told by the accused persons that Nasiruddin left their house in that very night. P..Category: Criminal Law | Date: | Hits: 56
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......arned Advocate referred to the case of Abut Basher Vs. State reported in 47 DLR 521 in which my learned brother (Md. Mozammel Hoque, J) delivered the Judgment. Wherein it has been held that a private person cannot be tried under section 5(2) of the Prevention of Corruption Act, 1947. It has been fur..Category: Criminal Law | Date: | Hits: 105
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......intiffs claimed title and possession in the said land by successions and transfers asserting that RS Khatian in respect of the suit property was wrong and that they purchased in the benami of another person. 3. Suit was contested by the defendant Nos.1-6, 7,10,11,17 to 19 by filing separate writt..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......e has not been challenged by anybody except the defendant who is admittedly a tenant in respect of the suit premises. A tenant has no right to challenge the title of the landlord in the name of a 3rd person who is absent and not coming to claim the suit property and that the document is also not in ..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......d in law and on facts. 7. Both the learned Advocates have taken me through the judgment of the Tribunal and the appellate Court. Sections 7(2) (e) and 7(2) (g) of the Ordnance reads: "7. (2) A person shall be disqualified for election or nomination as, or for being, a chairman or a member ifâ..Category: Election Law | Date: | Hits: 148
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......se of Abdul Latif Mirza vs. Government of BanglaÂdesh on this question has already pronounced its decision saying, that the Constitution has cast a duty upon the High Court to satisfy itself, that a person in custody is being detainÂed under an authority of law or in a lawful manner. The purpose o..
Category: Criminal Law | Date: | Hits: 103
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. ......em to submit statement of assets, moveable and immoveable acquired illegally and/or disproportionate to known source of income. Commission of an offence under section 26(2) is disclosed only when any person after receipt of an order under section 26(1) would not file statement of assets or submit fa..Category: Criminal Law | Date: | Hits: 108
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
...... the Arbitration Act to see when the suit is to be stayed within the meaning of the section. Section 34 of the Arbitration Act may be set out:
“Where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement o..
Category: Alternative Dispute Resolution | Date: | Hits: 161
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 immeÂdiately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......gonj Kamarkhand Police Station and a case under sections 395/397 was started against the accused appellants and others. 3. The Police after investigation submitted charge sheet against the accused persons under secÂtions 395/397 of the Penal Code. In the meantime the accused appellant was arrest..Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......Âther at the time while he is detained or, as soon as thereafter as practicable, but not later than fifteen days from the date of making the order and the deÂtaining authority is also to inform the person detained to enable him to make a representation against the order. The learned Advocate furth..Category: Criminal Law | Date: | Hits: 66
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. ...... MoreoÂver, during engravements in the neighboring graveÂyard people habitually used the water reservoir. The plaintiffs and the residents of the Mahalla and the co-paikers of the catties and other persons say their prayers in the mosque. Since the lime of their predeÂcessors they used the water ..Category: Property Law | Date: | Hits: 58
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