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State Vs. Shahin and others, 2010, 39 CLC (HCD)

....eral appearing with Mr. Kazi Ebadoth Hossain and Mr. Nurul Hoque, learned Assistant Attorney Generals, in sup­port of the reference submits that P.W.s-1-5, 9 and 15 in their deposition categorically stated that after receiving the injuries, when Biplob was taking into the hospital he disclosed befo......entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ..

Category: Criminal Law | Date: | Hits: 76

Shahin Alam Vs. The State, 2010, 39 CLC (HCD)

.... J Md. Abdul Hye J Shahin Alam............Convict-appellant. Vs. The State.....................Respondent Judgment October 11, 2010. Cases Referred to- Gaziour Rahman Vs. The state, 10 B.C.R at page 236. Lawyers Involved: No one appears - For the Appellant. Farhad A......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115.  ..

Category: Criminal Law | Date: | Hits: 56

Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)

.... from 14 (fourteen) contractors (firms) as named in the F.I.R., who were engaged in the implementation of various projects and development works under the National Sports Council. It has further been stated in the F.I.R. that the said amount of money, alleged to have been taken as bribe from the afo......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...

Category: Criminal Law | Date: | Hits: 111

Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)

.... petitioner and since then he had been possessing the case land. After sale of the case land a shalish was held wherein the sale deed of the petitioner was found as manufactured one. It was further stated that the case was filed in 1983 long after the date of registration of the sale deed on 6.9....... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...

Category: Property Law | Date: | Hits: 91

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....g 9.01 acres of land and the defendant-petitioners refused to partition the suit land on 15.5.2000 and hence the present suit was filed. 5. That the Defendant-Respondent-petitioner filed a written statement alleging inter alia that the suit is not maintainable, barred by limitation and it was fur......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242...

Category: Property Law | Date: | Hits: 72

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....e police during investigation and presented before the Court while the matter relating to the framing of charge is taken up for hearing under section 241A Cr.P.C. and such other documents include the statements made under section 161 Cr.P.C. and alamats seized during investigation and on considerati......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..

Category: Criminal Law | Date: | Hits: 286

Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)

....for 3 months more each should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule may be, briefly, stated as follows: On 04.6.1987, one Mariam Nessa, sister of the victim as informant lodged an F......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..

Category: Criminal Law | Date: | Hits: 86

State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)

....quashed. 9. The convict-respondent Monowar Hossain Dipjol was directed to be set at liberty at once, if not wanted in any other case. 10. Being aggrieved by the aforesaid judgment and order the state as petitioner has filed instant petition for leave to appeal before the Appellate Division. ......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..

Category: Criminal Law | Date: | Hits: 67

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....nds were within Dhaka Cantonment and under the administrative control of the Ministry of Defence. It also came to learn that the President of the People's Republic of Bangladesh through the Military Estate Officer entered into an agreement, Annexure‑E, on July 13,1977 with the said M/s Drums Metal......lause V of the deed of agreement for sale (Annexure‑D) as contended by Mr. Ahmed. Under Article 102 of the Constitution this court only can declare that an act done by person in connection with the affairs of the Republic has been done without jurisdiction or mala fide or refrain from doing the ac..

Category: Property Law | Date: | Hits: 92

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....on, consideration, appreciation and assessment of the evidence of the prosecution witnesses will be necessary. 11. P.W. I Amzad Hossain is the informant. He is the son of deceased Mashar Uddin. He stated that on 4.12.86 the police officer from Ghoraghat came in the locality in connection with som......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...

Category: Criminal Law | Date: | Hits: 76

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....he Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. The plaintiff in the plaint had stated, inter alia that Bishnu Kapali was the original owner of the suit jote and he died leaving be......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...

Category: Procedural Law | Date: | Hits: 72

Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)

.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896....... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896...

Category: Criminal Law | Date: | Hits: 71

Nasir Uddin Vs. State, represented by the Deputy Commis­sioner, Narayanganj, 2011, 40 CLC (AD)

....e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..

Category: Criminal Law | Date: | Hits: 64

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

....ter closing of the evidence, the accused persons present in the dock were examined under section 342 of the Code of Criminal Procedure and they again claimed their innocence and made their respective statement. 8. The learned Druta Bichar Tribunal after considering the evidence and materials on ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ..

Category: Criminal Law | Date: | Hits: 82

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

....in Khasru, the learned Advocate for the appellant, has taken us through the FIR, evidence on record and the impugned Judgment. 8. P.W.1 Md. Moklesur Rahman NK Subedar JCO‑2490 29 Rifle Battalion stated that on 19.3.92 he was posted at Kotbari Comilla. On that date getting secret information him......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...

Category: Criminal Law | Date: | Hits: 75

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

....old ornaments and amount of money payable by the clients giving details of the 46 persons who applied for return of their jewellery as well as other mortgagors. The final Repot No.33 dated 22.04.2005 stated that the principal accused was an established businessman, a pawn-broker lending money by tak......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 83

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

.... During trial 4 witnesses were examined by the pre-emptor-opposite party No. 1 and 3 witnesses were examined by the pre-emptee petitioner. Pre-emptor-opposite party himself was examined as P.W.1, who stated in his deposition that he came to know about the impugned transfer on 5th Baishak, 1310 B.S. ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 62

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

....of birth to be 30.11.1942, the writ petitioner has clearly committed fraud and forgery. The learned Counsel further submits that in the supplementary affidavit on behalf of the writ respondent it was stated that additions and alterations have been made therein and the name of the identifier and Magi...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 58

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ity concerned and as such the delay is inordinate. From a careful perusal of the writ petition upon which the Rule has been issued, it appears that in paragraph 5 of the said petition the petitioners state, “……….that request and reminders of the petitioners to the Government demanding paymen......f the Constitution provides that the High Court Division, if satisfied that no other equally efficacious remedy is provided by law, can direct a person performing any functions in connection with the affairs of the Republic or of a local authority to do that which he is required by law to do. In thi..

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

.... been constrained to file this suit for partition for a saham of 6 drones, 6 kanis and 19 gondas of land out the suit land. 3. Defendant Nos.1-18, 20 and 30 appeared in the suit and filed written statements praying for sahams for 2/3 shares in the suit land but they have not challenged the right......it-(M-2), is admissible under section 13 of the Evidence Act only to show that there was previously instituted another suit in respect of the same properties and nothing more. 17. In this state of affairs, no exception can be taken to the impugned judgment of the High Court Division when it did n..

Category: Property Law | Date: | Hits: 116