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Displaying 2321-2340 of 8243 results.
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......judicial evaluation of totality of evidence, oral and circumstantial, and not by an isolated scrutiny. Prosecution version is, also, required to be judged taking into account overall circumstances of case with a practical, pragmatic and reasonable approach in appreciation of evidence. It is always t..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......f them to suffer rigorous imprisonment for 2 (two) years and also to pay a fine of Taka 500 (five hundred), in default, to suffer rigorous imprisonment for 1 (one) month more. 2. The prosecution case, in short, is that the informant P.W.1, Md. Joad Miah along with other police personal on 6-10-..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......n the law gives anything to anyone it gives also all those things without which the thing itself could not exist"……………………………(12) The High Court Division in a proper case possesses the inherent power to quash any proceeding, judgment or to set aside decision of an..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ...... of complaint against the petitioners for committing forgery. 3. It may be mentioned that at the outset of their judgments both the Courts below have not correctly depicted the complainant's case, rather it is quite contradictory to the actual case which the complainant wanted to make out..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...............Opposite Party Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for detention When there is a specific case against the detenue and the..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ...... adducing suchevidence. It is correct to say that the technicality of a proceeding should not be prevailed over when the question of justice surfaced on the contending claim of the parties. In such a case it is also to be noticed by the Court whether the additional evidence which has been proposed t..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......pondents in the Rules are the same and stand on common ground, and the issues raised are the same, we heard them together and now dispose of them by this common order. We also think, the facts of one case would be sufficient to understand the issue (s) at which the parties are at variance and call f..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ...... 144 of the Penal Code. But since the aforesaid 6 accused appellants were sentenced under sections 302/34 they were not separately sentenced under section 144 of the Penal Code. 2. The prosecution case, in brief, is that at about 1‑30 AM following the night of 16‑10‑97 accused Ershad Ali Si..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....ate an action. We have hardly anything to disagree with these interpretations, for an absolute or mandatory rule is the substance as against a directory rule which is a shadow; the former goes to the root of a matter; the latter touches merely the fringe or branch of the matter. In the instant case,...... Advocates-For the Petitioner. Abdur Razzak, Senior Advocate with Mohammad Hossain, Advocates-For Respondent No.5. Election Petition No.10 of 2001. Judgment Md. Imman Ali J.-This election case arises out of an application under Article 49(2) of the Representation of the People Order, 197..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......or leave to appeal is directed against the judgment and order dated 01.06.2008 passed by the High Court Division in Writ Petition No.4764 of 2006 discharging the Rule. 2. The relevant facts of the case are as follows: 3. The petitioner Aminur Rashid Chowdhury filed Writ Petition No.4764 of 2..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ...... the present appeal before this court on the grounds inter alia that the learned trial court was not at all justified in decreeing the suit as he failed to properly consider the material facts of the case and evidence on record. The learned Advocate submits that the learned trial Court erred in law ..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......pital. As the informant was admitted into hospital there was a delay in lodging the FIR. The informant lodged the FIR on 14.10.2003 with Lakshimpur Police Station. Police started investigation of the case and after investigation a prima-facie case was found and charge sheet was submitted against the..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......e wide enough to include the allegations like sexual abuse/harassment. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in the case of Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Other..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......on of the superior Court as well as particular provisions of law were referred to District Judge it was his obligation to go through and give his opinion about their applicability or otherwise in the case. This is a kind of judicial act which cannot but be strongly disapproved……………(15) ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... Criminal Miscellaneous Case No.3562 of 2005. Judgment Md. Moinul Islam Chowdhury J.- At the instance of the accused petitioner this rule was issued calling upon the opposite parties to show case as to why the Proceeding in CR No.55 of 2004 (Shyam), now pending in the Court of Magistrate, 1..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......out being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in case of conflict preference can be given to occular evidence. But this is not always true as there..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......r finding easement by prescription is whether the enjoyment is in assertion of right. Having a proper regard to the law of easement by prescription it is easy to see that the plaintiff in the present case neither made out, nor proved any right of easement by prescription…………………(9) T..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......s Judgment August 8, 2010 Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247, 248, 249, 403 and 561A Whether a complaint case previously instituted on the self same allegations against the same accused, and the accused pe..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......LI, rule 31 of the Code of Civil Procedure and it should not be very short cut judgment and should not suffer from misreading and non-reading and non consideration of the evidences on record. In such cases, the judgment will be liable to be set aside………………(15) Cases Referred to- Mo..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......But if she does not claim separate maintenance for the child, the Court will consider her overall needs, keeping in view the fact that she has been supporting a child in the same household. In either case, the claim is subject to article 120 of the First Schedule to the Limitation Act, 1908 i.e. 6 y..Category: Family Law | Date: | Hits: 246
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