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Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
.... learned Additional Metropolitan Magistrate acted in excess of jurisdiction in reviving the case after such order of discharge. 7. Mr. Shueb Ahmed, learned Assistant Attorney-General, on the other hand submits that the learned Additional Chief Metropolitan Magistrate has power to revive the case ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....wo rounds of ammunition of rifle in his possession and stated that he kept the same hidden under a sishu tree and took away one revolver and two rounds of ammunition of rifle and gave the same in his hands and prepared a seizure list which was attested by the aforesaid 3 witnesses and he took their ......rms in his possession and leading to his aforesaid admission police went to City College and in presence of witnesses the accused-appellant himself produced one revolver and two ammunitions of rifle cover by polythene packet concealed under earth with bricks over the same and that officer-in-charge ......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
....m Vs. The State reported in 50 DLR (1998) 103 to establish his contention that in a criminal proceeding, charge cannot be framed against an accused without reasonable satisfaction. 6. On the other hand Mr. Shah Abdul Hatem, the learned Assistant Attorney General appearing for the state submits th......ically and mentally. Her (victim’s) brother and sister gave Taka 25,000/- to appellant No.1 for purchasing a television and Taka 30,000/- for a refrigerator. She herself was serving in an NGO (Non-Governmental Organization) named Concern Bangladesh. Her husband also took Taka 2,50,000/- which she ...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 55
Md. Tazuddin and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....no order in the eye of law. Therefore, the impugned order being bad in law is liable to be set aside and the application should be disposed of on merit to meet the ends of justice. 6. On the other hand Mrs. Nowazish Ara Begum, the learned Assistant Attorney General appearing for the opposite part...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus Md. Tazuddin and others…………………….....................Petitioners Vs. Government of Bangladesh and others…………….....Opposite Parties Judgment March 30, 2011......illegality in the impugned order. Accordingly the Rule is discharged, however, without any order as to costs. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 58
Md. Mahmudur Rahman alias Rasel and Others Vs. State, 2011, 40 CLC (HCD)
....g inter alia that accused Md. Arifur Rahman alias Hasib alias Akash while taken on remand in connection with Joydebpur police station case No. 05 dated 5.12.2005 and disclosed about knowledge about 2 hand grenades and the informant party went to village Ajgana and recovered 2 locally made hand grena......while taken on remand in connection with Joydebpur police station case No. 05 dated 5.12.2005 and disclosed about knowledge about 2 hand grenades and the informant party went to village Ajgana and recovered 2 locally made hand grenades from under ground wrapped in paper and polythene bag under a bus......nd reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....ep; at about 1.30 a.m. at night accused Abed, Ashraf and Tajimuddin called him through window and asked him to come out, on the torch light he found to recognize them they were holding stick on their hand and accordingly on fair he declined to go out to his house. On quarry about his father he did n......ns Judge, Ist Court, Naogaon for trial and registered as Sessions Case No. 9 of 1999 wherein charge was so framed against the accused persons under section 302/201/34 of the Penal Code which was read over to the accused persons wherein they pleaded not guilty and claimed to be tried. 6. The defen......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
....cused persons encircled them and assaulted them with local made arms, accused Sontoi Miah gave a sulfi blow to Tahir Ali who sustained injury on the chest and he died on the spot. Accused Sunu Miah, Chand Miah, Elai Miah assaulted with Daw to Tayab Ali Nasir and they treated at Hospital. It was also......Judge, 3rd Court Sylhet for trial and renumbered as Sessions Case No.114 of 1997 wherein a charge was so framed against the appellant and others under section 302/34 of the Penal Code, which was read over to the accused persons, wherein they pleaded not guilty and claimed to be tried. 5. During t...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....rongly placed his reliance on the decision of the aforesaid case reported in 16 DLR 157 as in that case it has been observed that “It is not necessary that whenever a person denies his signature or hand writing in a document it should be sent for expert opinion.” 12. In reply to the contentio......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...Category: Property Law | Date: | Hits: 89
Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)
.... Judgment Respondent Nos.1-3 have filed this application for summary dismissal of the main application filed by petitioners under section 233 of the Companies Act. The petitioners, on the other hand, have filed an application for discovery and production of documents specified in paragraph 5 o......filed this application for summary dismissal of the main application filed by petitioners under section 233 of the Companies Act. The petitioners, on the other hand, have filed an application for discovery and production of documents specified in paragraph 5 of the supplementary affidavit dated 10th......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ..Category: Company Law | Date: | Hits: 235
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......than the total paid-up capital of the Bank amounting to Taka 27,93,51,100.00. Therefore the petitioner claims that the loan of the Respondent Nos.4 & 5 should not have been rescheduled. 8. Moreover, as per BCD circular No.98 dated 11-12-1995 (Annexure-E) at least 10% of the outstanding dues h......3, IFIC Bank. 10. It is claimed in the petition that the respondent No.5, Chairman of IFIC Bank, who is also the Managing Director of the borrower company, namely, respondent No.4, manipulated the management, as well as the Board of Directors of the Bank, to get the new repayment schedule approve..Category: Business or Commercial Law | Date: | Hits: 208
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....e been peacefully possessing of the same. Jahironessa was succeeded by the defendant No.1 and Chhayaton Nessa. They have been possessing the share of Jahironnessa. The defendant No.12, on the other hand, narrated as to how the defendant Nos.1 and 4 and 3 & 21 acquired some lands out of the suit ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ..Category: Property Law | Date: | Hits: 104
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....ion (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Ayesha Khatun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. Cases....... 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khatun, demolishing and removin......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....nce coupled with medical evidence and abscondence is so complete that it does not leave any reasonable doubt for a conclusion consistent with the innocence of the condemned prisoner and, on the other hand, it only points out with all human probability that it is the condemned prisoner who is the per......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....ে) and Shahid Sohel Ahmed from their residence, and proceeded to pick up another Judge named Abdul Awal and stopped the vehicle in front of the latter's residence at Road-A. Officers Quarter, Purbachandkati, Jhalakati. Then driver Sultan got down from the vehicle and went to inform Judge Abdul Awa...... the hospital and he identified the said unknown person. Upon interrogation the unknown person disclosed his name to be Mamun of Matihar, Rajshahi Metropolitan Area. Police conducted a search, and recovered from his person 25 pieces of leaflet containing the words “মানব রচিত আই......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....Uddin left the outpost at 18.40 hours. On the way when they reached Sobhani Ghat point they found the instant jail appellant Hiru Mia and another person to get down from a rickshaw with bags in their hands, opposite to the road (in front of them). Their movements appearing to be suspicious they (inf......cution case, in short, was that PW 1 Havilder Alamgir Kabir was attached to Sobhani Ghat police outpost on 8-4-2000. Being placed on patrol duty under DPCC No 120/2000 on the said date for the areas covering Dhopa Dighirpar Osmani Udyan, Jail Road and Kalighat he along with PW 2 Havilder Abdul Quaiy......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....and dragged him in the southern room. Then one of them dealt an iron rod blow on the shoulder and back of Abdul Khaleque. Two of them came in front of the informant Rahena Akthar with knives in their hands and they ordered her to keep mum, otherwise they would finish her off. The remaining 3 people ......l Kalam alias Kalu, Abu Noman Khan and Md. Ibrahim. She next deposed that Md. Mizanur Rahman, one of her cousins, hired the accuseds with money and caused the occurrence by wire-pulling out of enmity over landed properties. PW 1 further states that after apprehension of the accuseds she went to the ...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....) Where important questions of law are involved or considerable section of public is interested in the litigation (ix) To prevent abuse of the process of Court; 15. The following, on the other hand, have been held not to be sufficient grounds for transfer: (i) Mere fact that the opposite ......posite party-petitioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petitioners-opp...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....ia Pervin Liza will get maintenance. 19. The contention of defendant-petitioner is that she will get maintenance till she attains the age of puberty that is up to 15 years of her age. On the other hand, the contention of plaintiff-opposite party is that she will get maintenance till her marriage.......ys that "Absolute trust and faith in the Almighty Allah shall be the basis of all actions." 33. The Ordinance of 1985 is not a legislation on substantive Muslim Law but is merely a procedural law governing the forum and procedure for resolution of some specified family disputes. The parties to th......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....Assistant Attorney-General and Nazmul Haque, Assistant Attorney-General—For the State. Khalilur Rahman Bhuiyan, State Defence Lawyer—For the Condemned-Prisoner Shahidul Islam alias Shahid. Khandaker Mahbuh Hossain with Anisul Huq, Mosharraf Hossain, Sk. Mohammad Ali and Md. Masud-ul-Haque,......r stated that Shahid was taken to the PO house in the night of 27-4-98 and subsequently on 27-9-1998. Shahid narrated and demonstrated how he committed rape and murder and how he fled away by scaling over the boundary wall of the adjacent Australian Embassy Club. This demonstration led to the discov...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....tated in 'Kha' scheduled land is illegal, without jurisdiction, null and void and not binding upon the plaintiffs. 3. The case of the plaintiffs, in short, is that the suit land situated at Mouja Chandkati under police station Jhalakati being CS khatian No. 30 (Karsha right) bearing CS plot No. 2......ha pattan" from the auction purchaser Rupsha Fakir measuring an area of 69 decimals of land by executing and registering a Kabuliat dated First Srabon 1326 BS and paid rent to Rupsha Fakir by holding over after the expiry of the term of alleged Kabuliyat; that later Rupsha Fakir transferred 91.50 de......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
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