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Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ed Judge of the Tribunal committed illegality in framing charge against them. The medical certificate produced by the informant shows that the Doctor, who examined her, did not find any injury on her person and opined that she was admitted in the Hospital only for legal support. In course of argumen..Category: Criminal Law | Date: | Hits: 55
Abdul Baten Vs. State, 2011, 40 CLC (HCD)
....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ...... duty in the officer of Rapid Action Battalion in Sutrapur Police Station and received a secret information that phensidyl has been selling in a four storied building at Samibagh, Munshirtek, where a person has been selling phyensidel in the Kurnish of the 1st floor of the said building. On the basi..Category: Criminal Law | Date: | Hits: 56
Liton Vs. State, 2011, 40 CLC (HCD)
....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ...... to arrest anybody from the place of occurrence but after one day, the present petitioner was arrested from another place with injury. The petitioner on asking disclosed the name of other two accused persons and hence the case. 3. After investigation police submitted a charge sheet on 15.03.2004 ..Category: Criminal Law | Date: | Hits: 48
Sontai Miah 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. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......at on 18.09.1996 at about 7.30 a.m. one Matasir Ali son of late Abdul Salam of Turukbag, Gowainghat, Sylhet lodged a verbal FIR with the Gowainghat Police Station against the appellant and other five persons including the deceased Samsher Ali alias Temnai stating inter alia that the night following ..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......vocate of both the sides and perused the L.C. Records and the impugned judgment. 13. It appears from the FIR that for killing the brother of the informant an FIR was lodged against unknown accused persons. 14. In this case the prosecution could not produce any eye witness of the occurance but ..Category: Criminal Law | Date: | Hits: 52
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......he contesting parties, the Trial Court dismissed the suit observing, amongst others, that neither Ahmed Newaz Bhuiyan, the principal, nor Safiuddin Bhuiyan, the attorney, appeared/before the Court in person to substantiate the plaintiffs case and that the original power of attorney was not produced ..Category: Property Law | Date: | Hits: 61
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......n 73 of the Evidence Act, 1872 runs as follows: “Comparison of signature writing or Seal with others admitted or proved: In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature writing or seal admitted or p..Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......effected. The plaintiffs also claimed that the possession of the suit land was delivered to them. It is also stated that the huts of the defendants father, said Gouranga Chandra Das was sold to other persons after the oral agreement was entered into, but it is not clear from the evidence to whom the..Category: Property Law | Date: | Hits: 108
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
....d Magistrate ought to have recorded some reasons as to why this report should not be relied upon or believed. It appears to us that the learned Magistrate actually did not consider the record at all. Inquiry report is part of the judicial record and one of the pieces of the document of the prosecuti......ed the facts in detail and also clearly stated that the complainant on the basis of his purchase already got possession in the land. The learned Magistrate, however, framed charge against the accused persons under sections 406, 420 and 109 of the Penal Code. Being aggrieved by that order, the accuse..Category: Criminal Law | Date: | Hits: 67
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......Ltd. as the Chairman of the Islam Group, accepted and acknowledged that the loan would be paid upon being consolidated into one account of Islam Brothers Properties Ltd. The respondent No.5 also gave personal guarantee for repayment of the said outstanding dues and accordingly, the payment of the to..Category: Business or Commercial Law | Date: | Hits: 208
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ...... to submit statement of assets, moveable and immoveable acquired illegally and/or disproportionate to known source of income. Commission of an offence under section 26(2) is disclosed only when any person after receipt of an order under section 26(1) would not file statement of assets or submit fa..Category: Fiscal/Taxation Law | Date: | Hits: 86
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......ant No. 1 thereon, and for the declaration of the kabala deed No. 2373 dated 5-5-1969 executed by the defendant No. 2 in favour of defendant No. 1 as illegal, collusive, ineffective, created by false personification and not binding upon the plaintiffs and for further declaration that no part and par..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638....... crime to be proved it is not necessary at all that the crime must be seen to have been committed and must in all circumstances be proved by direct ocular evidence by examining before the court those persons who had witnessed its commission. 10. Prosecution case rested on circumstantial evidence...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......4 of the Code of Criminal Procedure (shortly referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and order dated 29-5-2006 passed in Sessions Case No.28 of 2006 for..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......PW 2 Havilder Abdul Quaiyoom and PW 3 constable Jalal Uddin left the outpost at 18.40 hours. On the way when they reached Sobhani Ghat point they found the instant jail appellant Hiru Mia and another person to get down from a rickshaw with bags in their hands, opposite to the road (in front of them)..Category: Criminal Law | Date: | Hits: 63
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......ve a subsisting interest in the holding when he makes the application for preemption but must continue to hold such interest until disposal of such proceeding for pre-emption. And a co-sharer means a person whose interest subsists throughout the course of the proceedings for pre-emption and not a pe..Category: Property Law | Date: | Hits: 69
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ...... defendant never went to take her back and he did not take any care of his daughter. An able and solvent father is always bound by law to maintain his daughter. DW I claims himself to be a well-to-do person and a service holder having also some landed property. The plaintiff in this suit prays for m..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......at one of the servants being condemned-prisoner Shahidul Islam alias Shahid (shortly referred to as Shahid) was found absent from the house after the occurrence and that Shahid and other unidentified persons might have committed the rape and murder. During investigation of this case, Shahid, co-accu..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......uns thus— "101. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is found to prove the existence of any fact, it is said that the burden of proof lies on that..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......t Union. Mr. Monowar Hossain was acting as the Nikah Registrar for the said Union along with five other unions at the relevant time. The application for appointment was recommended by the respectable persons of the locality and the government eventually gave approval to his appointment as Nikah Regi..Category: Employment/Service Law | Date: | Hits: 81
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