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Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......ot wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......appellant Md. Masud Mia preferred the appeal before this Court. 7. Mr. AFM Mesbahuddin, the learned Advocate appearing for the appellant, submits that regard being had to the fact that the medical evidence does not support the story of rape and the circumstantial evidence brought on record does n..Category: Criminal Law | Date: | Hits: 45
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......…………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- Shorna Mehta Vs. Rajani, 1 CWN 55. Lawyers involved: Md. Haroon‑ar Rashid, Advocate-For the Petitioner. Not represented- the Opposite P......d judgment and decree. 10. Mr. Md. Haroon‑ar Rashid, learned Advocate for the petitioner, submits that the plaintiff proved her title and possession in the suit land by both oral and documentary evidence while the defendant failed to prove that the suit land vested in the government and the tri..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ...... 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......e. When the suspect is brought to the police station, the custody officer has to decide whether the suspect should be released without charge, charged or (if it is thought necessary to obtain further evidence by questioning) detained for questioning. That detention may be for up to six hours in the ..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Syed Mostofa Jaman and others………….Opposite Party Judgment December 2, 2002. Case Referred to- Mohmud Hussain Vs. Md. Sayeb Ali and others 1989 BLD 173 = 41 DLR 44. Lawyers Involved: AM Emdadul......said date the petitioner prayed for adjournment but the tribunal rejected the prayer and fixed 11‑3‑1999 for argument. On 11‑3‑1999 the petitioner again filed an application for adducing oral evidence which was allowed and the petitioner filed an application for re‑counting of ballot paper..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......cordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......ers were Nos. 9‑14 dated 28‑4‑2003, 11‑5‑2003, 26‑5‑2003, 27‑5-Â2003, 28‑8‑2003 and 29‑6‑2003. 15. On perusal of the copy of order sheet it appears that first date for evidence for the case was fixed on 28‑4‑2003 vide order dated 28‑1‑2003 before the receipt o..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ...... concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......iled disclosure of offence committed by condemned prisoners and convict appellant and accredited parts performed by condemned prisoners and convict‑appellants in murdering Fatik and in removing the evidence of crime. 7. Prosecution to bring home the culpability of condemned prisoners and convic..Category: Criminal Law | Date: | Hits: 69
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......3. Cases Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Aziza Nilufar Begum Vs. Jahanara Begum and another 3 BLC 117. Lawyers Involved: Md. Zakir Hossain, Advocate-For the Petitioners. Md. Golam Arshed, Advocate‑For the Opposite Parties. ......er hearing of the said application the learned Assistant Judge passed the impugned order rejecting the same holding, inter alia, that the said application was tiled at a belated stage since recording evidence on behalf of the plaintiff has been closed. 6. The said order No.30 dated 7‑8‑20..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285....... IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......dopted by accused-appellant and other accused persons was innocence and false implication. 9. PW1 Prosecutrix Ratna Rani Achariya is Informant. She had blown wide open the prosecution case. In her evidence, she stated that occurrence took place on 10‑10‑1991 at 10.00 pm. Her father before de..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188....... wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......anu is the informant of the case and she is the wife of deceased Mobfer. She is an eye-witness of the occurrence and she fully supported the prosecution case as made out in the FIR. She stated in her evidence that due to an altercation over a duck at about 5-00 PM on 27th of Asar, accused Asar, Alam..Category: Criminal Law | Date: | Hits: 52
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......udge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......enue officer for disposal of the mutation case cannot be characterized as judicial function. Because the revenue officers are not required by law to try a matter judiciously on the basis of the legal evidence. The enquiries which are undertaken by them and orders passed for mutation in a mutation pr..Category: Criminal Law | Date: | Hits: 42
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
....... Hence, this appeal.
11. Mr. Hashnat Quayum, learned Advocate for the appellant, submitted that plaintiff proved the existence of a running factory on the suit plot which was also admitted by the evidence of the defendants, but learned Subordinate Judge dismissed the suit on the wrong view of th..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ...... Mia and others………………………….Petitioners Vs. Shiraj Mia and others…………………………Opposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Motilal Chowdhury ......d written statement it was categorically stated that said rent receipts were forged, collusive and procured. Then, the plaintiffs submitted the rent receipts only in 1999 in order to adduce them into evidence. In view of section 103 of the Evidence Act, it was incumbent upon the petitioners to prove..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......dustries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Referred to- Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652; Abdul Gafur Khan Vs. Bangladesh...... before us. 20. Only issue facing us is, whether or not the learned Arbitrator was justified in allowing the application of the appellant in part in the facts and circumstances of the case and the evidence on record; and on the law. 21. The Deputy Commissioner determined the price on the avera..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......tay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......sses named Jahanara Parveen (a Magistrate) and Dr Rehana Khan (a Physician). The petition was filed by the prosecution. 3. By order dated 2‑11‑2003 the tribunal at first closed the prosecution evidence. Subsequently on the same day after rising of the Court, witness Dr Rehana Khan filed Hajir..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....this finding of the Magistrate is based on no evidence whatever, for evidence has not yet been recorded in this case. Some papers were produced by the accused in support of alibi but these papers are inadmissible as no witness has been examined to prove them, and it is simply because the stage for a......f the accusedÂ-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......n the plea of alibi that they were at different places at the time of commission of offences alleged by the prosecution. It was held by their Lordships, "this finding of the Magistrate is based on no evidence whatever, for evidence has not yet been recorded in this case. Some papers were produced by..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......ted to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......r section 540 of the Code of Criminal Procedure vide the impugned order dated 6‑10‑2003 holding an erroneous view that after examination of 15 prosecution witnesses and closure of the prosecution evidence and also after examination of the accused‑appellants under section 342 of the Code of Cri..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......clared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ...... the Rule issued by this Court and for other obvious reasons, we refrained from passing inquiry, trial or other proceeding under this Code" if his any order and we are of the view that the petitioner evidence appears to it essential to the just decision of the may take the matter in appropriate foru..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......ed prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......ded not guilty and claimed to be tried. 5. During the trial, the prosecution in all examined 9 witnesses to prove the offence charged against the condemned prisoner. After close of the prosecution evidence, the condemned prisoner was examined under section 342 of the Code of Criminal Procedure wh..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......ssary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......adesh. It is, therefore, necessary that a foreign document has to be presented to the Collector of the District within 3 months of its receipt in Bangladesh for being stamped to make it admissible in evidence. A document presented thereafter for being stamped will be impounded after duty and penalty..Category: Property Law | Date: | Hits: 65
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ....... He has been falsely implicated in this case. 8. The prosecution examined 12 (twelve) witnesses in support of its contention and the defence examined none. The learned trial Court considering the evidences on record, found the accused Shamsul Alam and Abdur Razzak guilty of offence under section..Category: Criminal Law | Date: | Hits: 54
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