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Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....Penal Code. Charge was read over to the accused persons to which they pleaded not guilty and claimed to be tried. 4. During trial the prosecution examined as many as 15 witnesses, and on the other hand, defence examined none. On completion of examination of prosecution witnesses the accused perso......ns Judge, Tangail for trial who transferred the case to the learned Additional Sessions Judge, Tangail, who held the trial. Charge was framed under sections 302/109 of the Penal Code. Charge was read over to the accused persons to which they pleaded not guilty and claimed to be tried. 4. During t......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....ds immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......ers……………Respondents Judgment December 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government of Bangladesh, 47 DLR (AD) 108(17). Lawyers Involved: Muzibur Rahman, Advocate—For......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....97 after obtaining the certified copies of the said documents is not true and correct. 9. Mr. MA Wahhab Miah, the learned Advocate appearing on behalf of the plaintiff opposite party, on the other hand, submits, that, the present suit has been instituted by the plaintiff opposite party No.1 plead......said documents when those were filed in the High Court Division on 2-11-94, then also the suit filed in 1994 is within time. Therefore, it cannot be pleaded that the suit is barred by limitation. Moreover, the learned Advocate continued, the question of limitation being a mixed question of law and f......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... Court Division (Civil Statutory Original Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Elders Ltd………………………………….Petitioner Vs. Sunil Chandra Chowdhury & another………………… Contemner-Opposite Parties Judgment Februa......he opportunity to decide the Trade Mark Application and thereby obstructed the proceeding before it and thereby showed his disrespect and disregard to this court. In a Republic it is expected that a Government official would discharge his duties honestly and sincerely without any fear or favour. But...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....ut the said money order came back to the petitioner on 29-7-1991 and thereafter the petitioner deposited the rent with the House Rent Controller. 3. The opposite party-appellant bank, on the other hand, by filing a written objection denied the case of the petitioner. However, the specific case of......rom him at different times and on 1-6-1991 the petitioner respondent was informed in writing that no rent would be accepted from him as he was a defaulter and the petitioner was further asked to hand over the vacant possession of the premises to them. Thereafter, in response to that notice, the peti......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....atures of PW 2 Mostafa Kamal who identified Mehera Khatun in those deeds for comparison of LTIs and signatures of Mehera Khatun and Mustafa Kamal along with the specimen signatures by fingerprint and handwriting experts stating that in the plaint the plaintiff stated that defendant’s deeds are for......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ..Category: Property Law | Date: | Hits: 28
Kashem Vs. State, 2001, 30 CLC (HCD)
....t by cogent and reliable evidence, the appellant is entitled to acquittal on benefit of doubts. 9. Mr. AQ Rashid Ahmed the learned Assistant Attorney General appearing for the State, on the other hand, submits that the learned Tribunal, on proper discussion and consideration of the evidence on r...... or of smuggling under the Special Powers Act. It is our common experience that in almost all such cases the local seizure list witnesses come to the witness box to state that they did not see the recovery of the incriminating articles from the possession of the accused and that they simply put thei......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)
....g satisfied of the apparent illegality, stayed the operation of the aforesaid impugned order. He has referred to the provisions of subsection (3) of section 31 of Pourashava Ain, 2010, as regards the handing over the charge of Office of the Mayor and submits that the writ petitioner is entitled to p......il) Present : ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Bangladesh, represented by the Secretary Ministry of Local Govt. Rural Development and Co-Operatives, (LGED) Local Government Division, Dhaka and others…………..Petitioners Vs. Sarwar Kamal……………...... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17...Category: Civil Law | Date: | Hits: 104
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
...., the proceedings against the present petitioner who was made accused on the basis of supplementary charge-sheet should be quashed. 3. Md. Mustafa, learned Assistant Attorney-General, on the other hand, submits that Police is empowered to hold further investigation in view of the provisions of se......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184...Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....ourt in consideration of his age and as there is no eye witness in the case and no direct or indirect evidence against him. 8. Mr. Shueb Ahmed, the learned Assistant Attorney-General, on the other hand, submits that although there is no eye-witness in the case but the strong circumstance and the ......n aged 7 years out of the said wedlock. The appellant No.1 divorced her 2 years before the occurrence and married his maternal cousin. Deceased Joynab Banu brought a case before the Martial Law Court over the same and under the said pressure a salish was held and the appellant No.1 was prevailed by ......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....rence of crime. It is to be kept in view that it is the nature and gravity of crime and not the criminal which are germane in awarding conviction and imposing appropriate punishment. In the matter in hand, Judge, Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikganj responded to the cry of justice ......alma in the locality Informant PW 1 and PW 2 and others insisted him to come with them in search of victim Salma and succeeded in bringing him to the house of PW 2. Condemned Prisoner then was handed over to Tara Mia, local Chowkider PW 10 and, thereafter, he was handed over to Mozhorul Huq alias Ma......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
....
(Criminal Revisional Jurisdiction)
Present:
Kazi Ebadul Hoque J
Sikder Maqbul Huq J
Shebait Mohanta Sree Kedar Nath Achari…..…………………….Petitioner
Vs.
Sree Khitish Chandra Bhattacharya and anr…………………Opposite Parties
Judgment
December 9, 1999.
......etition, impugned judgment and other materials on record submitted that learned Additional Sessions Judge acted illegally in passing the impugned judgment and wrongly placed importance to the handing over of the keys of the Akhra by Rekha Rani Devi wife, of the first party opposite party to receiver...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
..
Category: Criminal Law | Date: | Hits: 32
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
.... Title Appeal No. 6 of 1998 affirming the judgment and decree dated 22-1-1998 and 11-2-1998 respectively passed by the Senior Assistant Judge, Narshingdi in Title Suit No. 64 of 1996. 2. Jagadish Chandra and Ramesh Chandra gave a permanent settlement of the suit land to Firoz Bhuiyan by hukumnama......s such, he found that the SA and RS khatian are wrong. Accordingly, he decreed the suit on contest against the defendant Nos. 1-5 and ex parte against the rest and declared the title of the plaintiff over the suit land and also declared the SA and RS khatian in respect of Abu Sufian is wrong. On app......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....estrict the scope of the word to the four corners of what is stated in the clause and to deprive it of any other meaning that it may have in the English language. The word “include”, on the other hand, is used with a view to enlarging the meaning of the word, by also clothing it with the connota......hority now mean that a “Local Authority” shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to or entrusted by the Government with the control or management of a Municipal or local fund, or any corporation or other b......l Authority” shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to or entrusted by the Government with the control or management of a Municipal or local fund, or any corporation or other body or authority constituted o..Category: Fiscal/Taxation Law | Date: | Hits: 94
....ure of a senior Assistant Secretary of the Ministry of Home Affairs by simply noting that the Government feels the necessity of ordering the detention in the interest of public safety. On the other hand section 3 of the Special Powers Act provides very expressly that- “The Government may, if sat......ome Affairs, Govt. of Bangladesh and others............Opposite parties
Judgment
October 27, 1987.
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddin Versus Government of Bangladesh, 28 DLR 1976 at page 117.
Lawyers Involved-
Abdul Wadud Khondker, Ad......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193...
Category: Banking Law | Date: | Hits: 151
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....ant, Kashem Ali Jamader with Kathalia police station in short, is that on 16th November, 1976 accused Ezahar Sepai reaped away paddy from a portion of land belonging to the informant, and he went to Bhandaria 17.11.76 to inform Dewar Bepari and Abdul Karim Howlader about the incident for holding a s...... he went to Bhandaria 17.11.76 to inform Dewar Bepari and Abdul Karim Howlader about the incident for holding a salish; that while he was returning home from Bhandaria he found accused Ezahar on the Government Road in front of the house of Shahed Ali; that Ezahar Sepai asked him if he had filed a ea......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..Category: Criminal Law | Date: | Hits: 93
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
.... descriptions under Section 78(6) of the Evidence Act. It is clearly an inadmissible piece of document. No Court of law in Bangladesh will admit it in evidence. Faced with this difficulty Mr. M.H. Khandkar, learned Advocate for the petitioners, prays for some time to do the needful so that the doc...... plaintiffs, Baser and then Yasin died as bachelors. Thereafter died Saiyad Banu leaving behind her husband and children defendant Nos. 2 to 7. Meser was also unmarried and he remained untraced for over 40 years. He was presumed to be dead. His share devolved upon his only surviving brother Isma......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....ile the two accused Obud and Belal came in front of the door and Obud asked Parvin to come out of her room. On such asking, the victim raised alarm. Obud switched over to the window and putting his hand inside the window threw acid at Parvin. Parvin was injured. The informant and one Abdul Lat......anaz Parvin Shipa was reading in her room while the present accused Belal and Obud came in front of the door and asked her to come out to which she refused and raised alarm. The accused Obud switched over to the window outside and threw acid upon the victim Shahanaz Parvin. As a result, she receiv......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ..Category: Criminal Law | Date: | Hits: 38
Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)
....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......d. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ..Category: Employment/Service Law | Date: | Hits: 86
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....। Which debars challenging of any auction sale made under Section 12 of the Artha Rin Adalat Ain, 2003. The High Court Division also observed that the writ petitioner did not come up with clean hand inasmush as the writ petitioner did not mention about the Writ Petition No. 4105 of 2005 filed ...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55....... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
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