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Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
.... for exempting them from adding the persons whose names were supplied in reply to the interrogatory served on the opposite party No. 1. In para 5 of the revisional application also they categorically stated so. The statement goes unchallenged from the side of the opposite parties. The learned Assist......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Zulfiquar Ali Bhutto Vs. State, 1991, 20 CLC (HCD)
....r was sending 5 pistols, 160 rounds of ammunition for distribution amongst certain persons of the locality for the use at the time of demonstration and taking out 'michil' etc. by the Jatiya Party as stated in the letter. The petitioner repudiated and denied that he wrote that letter and his denial ......cussed above, the prayer for anticipatory bail is allowed for a period of one (1) month from date. This Rule is made absolute accordingly. Ed. This Case is also Reported in: 43 DLR (1991) 312...Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....e. Hence they claimed a total quantity of 29.82 acres of land. They denied that the Government had any possession therein. 3. The suit was contested by the defendant Government by filing a written statement contending, inter alia, that the disputed lands were accretions to the Government lands. ......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....রপক্ষ ইচ্ছা করিলে মামলা পুনজীর্বীত করনের পদক্ষেপ গ্রহণ করিতে পারেন,” as it merely states the legal position. On the above grounds we find no substance in the contentions of the le......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....esented-the Opposite Party. Criminal Revision No. 243 of 1986. Judgment Anwarul Hoque Choudhury J. - This Rule is directed against an order admitting into record, in a pending trial, certain statements, recorded as confessional statement of the accused persons. 2. The Rule was issued to ......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....support of his contention he put reliance in the case of Syed Ahmed and another Vs. The State and another, reported in 1984 BLD 133. In para 5 of the case it is observed as follows: "5. As already stated sub‑section (7) of section 167 Cr.P.C. speaks of conclusion of investigation within the spe......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279...Category: Criminal Law | Date: | Hits: 66
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....re‑empted kabala is dated 4‑10‑73. The petitioner claims knowledge of the sale on 27‑8.74 corresponding to 10th Bhadra, 1381 BS and he fixed the Misc. Case on 17‑14‑74. The petitioner has stated as PW 1 that he knew about the sale on 27‑8‑74 from one Mukhles Shariff who as PW 2 corro......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....an J. - The 9 accused‑appellants have jointly preferred this appeal against the order of conviction and sentence passed against them by Sessions Judge, Mymensingh. 2. The prosecution case as was stated by the informant PW 1 Abdul Latif is as follows: On 20.11.86 the informant along with 6 or......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....e (copy enclosed) which will form the ground of allegations." 2. From the above order of this court, it appears that the contemners are asked to show cause on the basis of the alleged contemptuous statements made by them in the four applications filed for transfer filed in the above miscellaneous......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....ice Station himself lodged a First Information Report on 3.1.86 at 8‑15 PM and took up the investigation. He secured the arrest of the condemned prisoner. The condemned prisoner made a confessional statement on 18.1.85 before the Upazila Magistrate, Agailjhara. 6. After the completion of the in......nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ..Category: Criminal Law | Date: | Hits: 81
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
.... for 3 (three) months more by the Assistant Sessions Judge and Special Tribunal No. 2, Thakurgaon, in Special Tribunal Case No. 19 of 1989, by his judgment and order dated 29.11.89. 3. It has been stated in the application that after the Judgment was delivered on 29.11.89 by the Special Tribunal ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Idris and others Vs. The State, 1990, 19 CLC (HCD)
....s they removed the hut there is no offence under section 379 of the Penal Code and the order of conviction and sentence is liable to be set aside. Mr. Jalil further submits that PW 1, the complainant stated the petitioners were in possession of the land for 1 ½ years and in that view of the evidenc......titioner No. 1. The accused petitioners are directed to surrender to their bail bonds and to serve the remaining period of their sentence. Ed. This Case is also Reported in: 43 DLR (1991) 245...Category: Criminal Law | Date: | Hits: 66
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242........ The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...Category: Civil Law | Date: | Hits: 79
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
.... Chowdhury, the learned Advocate for the petitioner, is unable to show that there is any mala fide or colorable exercise of power by respondent No. 1 in this case. Nowhere in the petition it has been stated that respondent No. 1 has follows: any personal grudge or malice against the petitioner. The ......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...Category: Administrative Law | Date: | Hits: 175
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Lukus Miah Vs. State, 1991, 20 CLC (HCD)
.... she is lawfully married to him before he had sexual intercourse with her and she engaged in sexual intercourse with the appellant on the belief that she was lawfully married to him. In the FIR it is stated that on 16.5.85 the appellant compromised to marry the PW 1 but as she did not believe he swo......is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230...Category: Criminal Law | Date: | Hits: 68
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....C Appeal No. 58 of 1983 affirming the judgment and decree dated 10.7.83 and 20.7.83 passed by Munsif 1st Court, Tangail in OC suit No. 590 of 1981. 2. Facts giving rise to this Rule may briefly be stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail be......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....ident, in continuation of his old residence in the said Sena Bhaban till 12.12.90, when on 12.12.90 he was transferred to the Gulshan House at Road No. 84 at 10’ clock in the afternoon. It has been stated that a Committee was constituted on 12.12.90 for proper sealing of the rooms of Sena Bhaban f......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....dence. The first chain of circumstantial evidence is that on 23.10.86 the maternal uncle of Shafiqul Islam alias Arun went to the Ramna Police Station and met the O/C. Baharul Islam. PW 5 Ali Hossain stated in his deposition that be discussed about Arun at the Ramna PS on 23.10.86 as Arun was turbul......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....d that the injuries were ante‑mortem and homicidal in nature. In course of investigation accused appellant Nazrul and accused Kashem was arrested on 4.5.85. Both these two accused made confessional statement before the Upazila Magistrate, Kaliganj to Mr. AFM Abdus Sattar, P.W.5, who recorded the c...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86