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Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)

....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ...... another charge against them under section 148 of the Penal Code. At the trial the prosecution examined 11 witnesses and tendered 4 as against none by the defence. On consideration of the evidence on record the learned Sessions Judge found 8 accused persons including the appellants and absconding ac......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..

Category: Criminal Law | Date: | Hits: 147

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......n and Tenancy Act, Appellate Court also failed to appreciate that in this case the alleged settlement was made after 1971 and not before that Appellate Court also failed to appreciate the evidence on record that the settlement to the plaintiff was in the nature of a proposal and its approval has not......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..

Category: Property Law | Date: | Hits: 105

Zagir Hussain Vs. Aminul Haque and others, 1999, 28 CLC (HCD)

....thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......ave assured that the steps would be taken for expeditious hearing of the suit within the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425.......thin the said specified period. In the result the Rule is made absolute without any order as to costs and send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 425...

Category: Procedural Law | Date: | Hits: 178

Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)

....is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420.......ere already available at the time when written statement was filed and the defendant was aware of that but failed to incorporate such facts the defendant shall be debarred from bringing such facts on record at a belated stage to the hardship and detriment of the plaintiff. The defendant can raise al......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420...

Category: Procedural Law | Date: | Hits: 148

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......1) 407 wherein a Division Bench of this Court held that in a suit for specific performance of contract, the Government was not a proper, but a necessary party. In that case there being no material on record to indicate service of summons on the government of Bangladesh, the Division Bench remanded t......vision Bench of this Court held that in a suit for specific performance of contract, the Government was not a proper, but a necessary party. In that case there being no material on record to indicate service of summons on the government of Bangladesh, the Division Bench remanded the suit to the tria..

Category: Property Law | Date: | Hits: 120

Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)

....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ...... the established principles of law as enunciated in a number of deci­sions of different superior Courts of the Sub­continent including our Appellate Division. But be­fore doing so, let me bring on record some more similar provisions of saving clauses as have been made in different statutes. In th......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..

Category: Procedural Law | Date: | Hits: 152

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

....acknowledgement that its interfer­ence with the constitutional process is an aberration and needs to be condoned. But while leaving, the Martial Law does not leave a trail of disqualification. It is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary laws ......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...

Category: Election Law | Date: | Hits: 220

Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)

....ore me. I affirm the judgment and decree of the lower ap­pellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ibed in the schedule to the plaint from the defendant Kamaluddin by registered kabala dated 22.3.72 and has been in possession thereof since then and he also mutated his name in the recent settlement record and has been paying rents to the government. His further case was that defendant Nos.1 to 3, ......ore me. I affirm the judgment and decree of the lower ap­pellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408...

Category: Property Law | Date: | Hits: 95

Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)

.... failure. In her statement she has been corroborated by D.W.3 Sufair Rahman Bhuiyan who was an attesting witness of the heba in question. He stated in his deposition that Abdur Rah­man Sikder was in good health and was not in death­bed illness while he executed the deed. He did so in full consciou......, the heba obtained by defendant No.1 by means of undue influence is not sustainable in law. Mr. Sobhan further argues that the learned Judge has not taken into proper consideration the ev­idence on record and thereby arrived at an erroneous decision which needs be set aside. 6. Let us see wheth......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..

Category: Property Law | Date: | Hits: 152

Hafizuddin Vs. State, 1989, 18 CLC (HCD)

....­quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......and accused Hafizuddin and Kafiluddin was detained in the Joydevpur police station. The informant (P.W.1) went to Kapacia Po­lice Station with accused Safaruddin to lodge an FIR, but the O/C did not record the same. On the next day, police went to the place of occurrence and infor­mant Abdul Latif......­quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..

Category: Criminal Law | Date: | Hits: 92

Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)

....he satisfaction of the Deputy Commissioner, Dinajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......the Penal Code and as such they should be enlarged on bail. 4. That the learned Sessions Judge arbitrarily rejected the prayer for bail of the petitioners without consideration of the materials on record and as such they have been seriously prejudiced. 5. That the accused-petitioners would suf......he satisfaction of the Deputy Commissioner, Dinajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...

Category: Criminal Law | Date: | Hits: 74

Rajendra Nath Shaha @ Rajendra Prasad Shaha & another Vs. Md. Sonaullah Pramanik & others, 1989, 18 CLC (HCD)

....ed the suit land while his two other brothers exclusively possessed their property in India by an amicable ar­rangement; that by such continued possession of the entire suit land for over 20 years a good title accrued to Dinesh; that Dinesh was very much a citizen of the country at the relevant tim......me to defendants 4-6; that plaintiff created forged deed by false personation and never paid any consideration money to the alleged vendor. 4. The trial Court on consideration of the evi­dence on record dismissed the suit. Against the decree the plaintiff preferred an appeal. 5. The learned S......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 393. ..

Category: Administrative Law | Date: | Hits: 488

Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)

....dition of party. Plaintiff No.2 died leav­ing behind his widow Olya Khatun and minor son Ujjal Hossain and minor daughter Sheuli Khatun. In the application for addition of party they have given some good reasons as to why they were not substi­tuted and why they could not file an application for ad......t. The other plaintiffs also filed an application for substitution of the heirs of deceased plaintiff No.2 after setting aside abatement. The defendants, on the other hand, filed an ap­plication for recording an order of abatement as heirs of deceased plaintiff No.2 were not substituted with­in th......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...

Category: Property Law | Date: | Hits: 98

Parvaj Vs. State, 2012, 41 CLC (HCD)

....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......rence and seized the alamats in his presence. 8. P.W.5, Enamul Kabir, a Sub-Inspector of police stated that at the time of lodgment of the ejahar, he was duty officer at the police station. He had recorded the ejahar and filled up the column of ejahar. 9. P.W.6 Md. Abdul Latif, another Sub-In......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 73

Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)

....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......was numbered as Criminal Appeal No.17 of 1990. Subsequently it was renumbered as Criminal Appeal No.4786 of 1991, possibly on transfer from Barisal Bench, though the reason of such renumbering is not recorded. In view of its long pendency for more than twenty-one years, we take it up for disposal ev......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 125

Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)

.... years. The husband had no reason to kill his wife and no motive was disclosed in the ejahar or in the evidence on record. The family wherein the occurrence took place was a joint family comprising a good number of members. None of the family members or any of their neighbours was examined, nor the ...... Inspector of police lodged an ejahar with Gaibandha police station on 27.8.1993 alleging inter alia, that back on 11.5.1992 at 21.30 hours one Md. Solaiman Sarkar, elder brother of the appellant had recorded Unnatural Death Case No.9 of 1992 dated 11.5.1992 stating that while he was going to Gaiban......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 114

Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)

....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......er sheets and submitted that the case was fixed for argument after closing the prosecution witnesses, at this stage there is no legal scope for quashment for the proceedings. We have gone through the record and considered the submission of the Assistant Attorney General. It appears from the petition......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 85

Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)

....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... Rajshahi lodged an ejahar on 24.6.2001 against the appellant bringing allegation of recovery of 56 bottles of Indian origin phensedyl which were allegedly smuggled from India into Bangladesh. Police recorded the case as Motihar Police Station Case No.16 dated 24.6.2001 under section 25B of the Spec......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 113

Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)

....visited the house of occurrence on call and saw the victim was lying in senseless condition. He examined her, but did not get any pulse. He, however, advised the inmates of the house to take her to a good doctor. P.W.20 Dr. Hafizur Rahman, the doctor who conducted the postmortem, proved the postmort......n benefit of doubt, learned Advocate concludes. 8. Mrs. Syeda Rabia Begum, learned Assistant Attorney General appearing for the State-respondent takes us through the postmortem report, evidence on record including that of P.Ws.1, 19 and 20 and submits that in a case of wife killing, if the wife d......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 110

Sahajahan and others Vs. State, 2012, 41 CLC (HCD)

....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......bsconding Rocket by order dated 23.3.1991. Subsequently the case was transferred to Special Tribunal No.2 and Additional Sessions Judge, Narayanganj. 5. Learned Judge of Tribunal No.2 received the record on 27.7.1991 and proceeded with the trial. In course of trial, the prosecution examined the i......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 124