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Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)

....ary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ...... president of Mohalla committee, Khulshi colony, Chittagong showing age of Nilu Laxmi Acharjya, Lipi Lakshmi and son Liton Kumer Acharjya as 26, 20 years and 22 years respectively. The annotation and note No. 6 page 225 of the book namely, The Guardian and Wards Act and Majority Act by Shawkat Mahmo..

Category: Family Law | Date: | Hits: 186

Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)

....abdur Rahman, 6 DLR 81, Md. Mokan Ali Lasker vs. Sekandarul Islam, 17 DLR 673; Ajiruddin vs. Rahman Fakir, 13 DLR (SC) 191; Safia Khatun vs. Mahbubur Rahman, 13 DLR 753; Shah Abdul Hamid vs. Prokash Chandra Nandi and another, 38 CWN 832. Lawyers Involved: Md. Mozibur Rahman, Advocate—For the......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..

Category: Property Law | Date: | Hits: 29

State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)

....n him on different parts of the body. It has been alleged that accused Ashraf Ali gave two kiris blows aiming at the head of deceased Abdul Mabud Master but the victim managed to save his head by his hand, resulting in injury to his left palm. Immediately thereafter accused Rashid Ahmed gave a knife......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..

Category: Criminal Law | Date: | Hits: 76

Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)

....cused-Appellant Vs. State…………………………….Respondent Judgment December 8, 1999. Cases Referred to- Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs. State, 4 BLC 320. Abu Taher Chowdhury Vs. State, 42 DLR (AD) 253. Lawyers Involved:......alleged occurrence in presence of her father, she stated in her deposition in cross that she was taken to the doctor 4/5 days after the occurrence accompanied by her mother. Most importantly could be noted that, neither the P.W.1 nor the P.W.2 herself has made any statement in their respective depos..

Category: Criminal Law | Date: | Hits: 32

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....R 1, Harris-v-Ministry of Interior, 1952 (2) SA 428, R-v- Secretary of State for Transport, ex-parte Factortame, 1989 AC 603, Keshawar-v-Bombey, AIR 1951 SC 128, Behran-v-Bombey, AIR 1955 SC 123, Dupchand-v-UP, AIR 1959 SC 648, Keswar-v-Bombay, AIR 1951 SC 128, M.P.-V-Bharat Singh, AIR 1967 SC 1170,...... put the first stumbling block on the path to democratic progression, read over to us certain passages from a book titled ‘South Asia History Power Legitimacy Bangladesh Perspective’; authored by noted historian Prof. Muntasir Mamun, which are reproduced below, verbatim; “We have observed t..

Category: Constitutional Law | Date: | Hits: 482

Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)

....shingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...

Category: Property Law | Date: | Hits: 39

Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)

....dering the material evidence on record and the same has also occasioned failure of justice. 8. Mr. Shawkat Ali Khan, the learned Counsel appearing for pre-emptor-opposite party No. 1, on the other hand, submits that the learned Courts below on detailed discussion and consideration of the material......infirmity justifying interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. I do not find any merit in the revision case. 18. It deserves to be noted in this connection that the case records of Mutation Case No.68 of 1990-91 clearly reveal that..

Category: Property Law | Date: | Hits: 31

Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)

....………..(17) Cases Referred to- AIR 1973 Allahabad, 548 (Kashinath Bhatt and others Vs. Alma Ram and others); Sayesta Bibi and others Vs. Juma Shah and others 42 DLR (AD) 53; Mrs Malati Ramchandra Raut and others Vs. Mahadebvasudes Joshi and others, AIR 1991 (SC) 700; Sree Jugal Kishore Sa......ore their son Chiranjib Sen alone inherited the suit property and his daughters, the plaintiffs, did not inherit anything in it and consequently the suit is liable to be dismissed. 4. On the above-noted pleadings of the parties the suit proceeded and ultimately reached the stage of peremptory hea..

Category: Property Law | Date: | Hits: 42

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......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.......he learned District Judge a sense of colossal indifference and total lack of the application of a judicial mind into the facts and circumstances of the case and the law regulating review. It is to be noted in this connection that the learned trial Court on due consideration of the evidence of P.W.s ..

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......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...... 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......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......regards the genuineness of the document should be believed or not. Court can do it under section 73 of the Evidence Act. The Court is not bound to refer to the handwriting expert when itself if could note dissimilarity in signatures, LTIs and hand writings. It is the discretion of the court which sh..

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......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......a. 5. On the application of the writ-petitioner, the High Court Division issued a Rule and stayed operation of the aforesaid impugned orders( Annexure D & E to the Writ Petition). It should be noted that an order once takes effect, it cannot be stayed. If an order of suspension takes effect, ..

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...

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 ......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 ......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

Shebait Mohanta Sree Kedar Nath Achari Vs. Sree Khitish Chandra Bhattacharya and another, 1999, 28 CLC (HCD)

.... (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. ...... 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