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Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......hu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......r Abdul Mannan as Exhibits 6 and 7 and also inquest report prepared by Abdul Mannan. He further stated that he recorded the statement of the witnesses under section 161, Cr.P.C. and submitted Memo of evidence for submission of charge-sheet which he consulted and taking approval of Superintendent of ..

Category: Criminal Law | Date: | Hits: 96

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ...... order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......the Appellate Division held that under Article 102 of the Constitution the High Court Division should not decide any question as to title which require investigation into facts and tak­ing elaborate evidence. In this context we quote with approval the observation of the High Court Division in the d..

Category: Property Law | Date: | Hits: 128

Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)

.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......s Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......h Court Division is perfectly justified in observing that the judgment is also binding upon her successor. We find no basis in the contention of the learned Counsel. 8. When a judgment is given in evidence, the party against whom it is given in evidence may, in the proceeding in which it is given..

Category: Property Law | Date: | Hits: 71

Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)

.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......ed in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... Criminal Procedure. 6. The learned advocate appearing for the petitioner on drawing our attention to the Lower Courts record and the impugned judgment submits that this is absolutely a case of no evidence, since the allegation of rape upon the victim was not been proved against the petitioner an..

Category: Criminal Law | Date: | Hits: 57

Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)

....war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ainst him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......the investigating officer. 5. After closing the prosecution, the appellant was examined under section 342 of the Code of Criminal Procedure, when he reiterated his innocence and declined to adduce evidence in defense. After conclusion of trial, the learned Judge of the Tribunal found him guilty o..

Category: Criminal Law | Date: | Hits: 44

State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)

....he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......o cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......victim on 02nd February, 2010, the High Court Division has committed error of law in enlarging him on bail. 5. We have heard the learned Additional Attorney General, perused the F.I.R, the medical evidence and the impugned judgment. The High Court Division while enlarging the respondent on bail n..

Category: Criminal Law | Date: | Hits: 46

Abdul Jabbar Vs. Akter Hossain Bhuiyan being dead his heirs Md. Masud Hossain Bhuiyan & others, 2009, 38 CLC (AD)

....rials on record and hence no interference is called for. Accordingly the application for leave to appeal is dismissed without costs. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 105.......al is dismissed without costs. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 105....... the suit land along with other land, inasmuch as the same being a registered deed of sale executed and registered about 90 years old and negative presumption of the same could only be formed through evidence keeping in view of the development and circumstances consequent to the execution and regist..

Category: Property Law | Date: | Hits: 81

Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......ismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......পজেলা পরিষদ অধ্যাদেশ, ২০০৮। 5. Moreover, the contention, if any, as urged by the learned Counsel for the petitioner, could be considered on material/evidence in a proper forum, i.e. the election tribunal. At the moment, we could not but, on the avai..

Category: Election Law | Date: | Hits: 116

Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)

....e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ......nt through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ....... But in spite of that he managed to repay Taka 11,000.00 to the bank. His case is that due to financial stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and..

Category: Banking Law | Date: | Hits: 199

Shah Alam and others Vs. State, 2000, 29 CLC (HCD)

.... of conviction. As regards the confessional statements of accused-appellants Selim Choudhury and Ashat Ali Exhibits-5 and 6 respectively recorded by P.W.11 the less said the better, because these are inadmissible in evidence, since the alleged confessing accused were handed over for further remand a...... of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ...... After close of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case, as could be gathered from the trend of cross-examination, is total..

Category: Criminal Law | Date: | Hits: 67

Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)

....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......s. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......ion of the mark of the respondent No.1 who is the proprietor of the mark and thus sought for refusal/rejection of the opposition of the appellant. Neither of the parties in this case adduced any oral evidence before the Registrar but both the parties adduced evidence through affidavit along with Ann..

Category: Intellectual Property Law | Date: | Hits: 210

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ...... once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ...... to withdraw money from HRC Case No. 224 of 1983? 5) Whether the plaintiff is entitled to get a decree as prayed for? 6. Both the parties examined witness and their documents were admitted into evidence. 7. The learned Sub-ordinate Judge by the impugned judgment and decree dated 02.11.1996 ..

Category: Property Law | Date: | Hits: 110

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......ikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......e benefit of hearing Mr. Mahmudul Islam, learned advocate, who appeared as amicus curiae. 5. The facts of the case brought against the convicted detenu are no longer of much relevance since on the evidence adduced at the trial the guilt of the accused was accepted as proved beyond doubt and the s..

Category: Criminal Law | Date: | Hits: 128

Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)

....hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......hips found that if at all abatement took place on account of the death of deceased defendant No.17 Nur Mohammad, the said abatement could be set aside in due course of law. PW.1 clearly stated in his evidence that the plaintiff had no earlier knowledge about the death of deceased defendant Nur Moham..

Category: Property Law | Date: | Hits: 73

Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)

....quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......ade absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......an account in the bank and that the amount of the cheque may be withdrawn from that bank account by the payee. But when such a cheque is dishonoured, it will not be a criminal offence unless there is evidence to show that after issuing of the cheque, the person issuing it has done something more to ..

Category: Criminal Law | Date: | Hits: 46

Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)

.... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ...... such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......is nothing to suggest that the respective petitioner was made accused and formal accusation had been made against him and it cannot, also, be said that as accused person he is being compelled to give evidence against himself, Article 35(4) of the Constitution will be attracted only, if the proceedin..

Category: Criminal Law | Date: | Hits: 69

Shahidul Vs. State, 1998, 27 CLC (HCD)

....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222....... of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......that nothing was recovered from their control and possession but they have been falsely implicated in this case. 6. After close of the prosecution case the learned Tribunal in consideration of the evidence on record as well as facts and circumstances of the case convicted the accused petitioner a..

Category: Criminal Law | Date: | Hits: 33

Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)

....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......victs then jointly preferred the present appeal taking various grounds. 3. Mr. Md. Fazlul Karim, the learned Advocate who appeared on behalf of the appellants, took us through the judgment and the evidence on record and thereafter he has submitted that there is no evidence against the appellants ..

Category: Criminal Law | Date: | Hits: 90

Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)

....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......tified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......aving been satisfied that the contraband items were brought for smuggling, they imposed penalty as well as confiscated the items as well as the vessel. Further, the learned Member, NBR misreading the evidence, illegally held that the vessel was captured beyond the limit of customs water of Banglades..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......arlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......in the deal, which right could enable BAPEX to mobilize funds for further exploration by itself. Terms of the PSCs are incongenial to our interest, particularly in relation to environmental issues as evidenced by the Magurchara devastation. No insurance money has been obtained for Bangladesh and, on..

Category: Constitutional Law | Date: | Hits: 231