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Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....criminal case ended in conviction and criminal appeal preferred against the same was allowed by the learned Session Judge and accused-opposite party No.1 got acquittal on the ground of inadequate and inadmissible evidence on record to establish the charge of 2nd marriage against the opposite parry N...... Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......fore the Magistrate 1st Class, Mymensingh, the opposite party No.1 pleaded not guilty with the assertion that he did not marry for the 2nd time. 3. After hearing of the parties and considering the evidence, the learned Magistrate convicted the opposite party No.1 by his judgment and order dated 3..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......ereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......used on any of those days but instead of doing so he adjourned the case upto 4‑11‑2001which was quite in keeping with the provision of section 247Cr.P.C. Moreover, on 25‑9‑2001he recorded the evidence of the complainant. It is necessary for the Magistrate before dismissing the complaint to s..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......rotection cannot be claimed by any public servant for any act done by him in the capacity of a public servant unless it is established that the act has been done bona fide. But only after considering evidence adduced by the parties in a case, it can be decided whether the act done is bona fide or no..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
.... newspapers in which the stories of killing of Akimul have been published. Prosecution has not exhibited any newspaper in that regard. The learned Additional Sessions Judge unnecessarily has recorded inadmissible evidence of these witnesses. 13. Salahuddin Ahmed (PW12), Mahbubur Rahman (PW13), Md......wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......‑witness of the occurrence and Sk. Nasiruzzaman (PW14), Md. Sharaf Bepari (PW19), Ferdous Alam Faraji (PW28), Md. Mosharref Hossain (PW8) and Md. Asgar Hossain (PW9) are witnesses of circumstantial evidence. 7. PW1 proves the first information report Exhibit I and his signature Exhibit 1/1. His..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......ul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......bstantially bring home the offence against accused-appellants beyond all reasonable doubt? ii) Whether conviction awarded and sentence imposed upon accused-appellants can be sustained on legal evidences, materials on record, fact and circumstances of the case and also, in safe dispensation of..Category: Criminal Law | Date: | Hits: 54
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......ordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......atement denying the material allegations made in the plaint and claimed that the plaintiff had no right, title, interest and possession in the suit land. 3. The trial court on consideration of the evidence on record by judgment and order dated 25th June, 1995 decreed the suit. Defendant petitione..Category: Property Law | Date: | Hits: 48
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......rdingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......mited duration only and ordinarily on the expiry of that duration or extended duration the Court granting anticipatory bail should leave it to Regular Court to deal with the matter on appreciation of evidence placed before it after the investigation has made progress or the charge‑sheet has been s..Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......ssed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......ed the suit property in the abandoned property list after observing all the formalities of law and where about of the original lessee Md. Moslem was not known but the petitioner could not produce any evidence or documents that the original lessee Mr. Moslem was very much present in Bangladesh before..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ...... Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......egally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ...... daughter and lone heir Khairunnessa was entitled to continue in possession of the said shop as a lessee under the appellant in order to carry on the business. The trial Court on due consideration of evidence and materials on record decreed the suit. 7. The learned Advocate Mr. Md. Rawshan Ali ap..Category: Property Law | Date: | Hits: 116
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......ha J Tahera Khatun Bibi and others……….……Petitioners Vs. Abdul Jalil Mandal and others……....Opposite Parties Judgment June 11, 1998. Lawyers Involved: Mozaffar Hossain, Advocate — For the Petitioners. Mansur Habib with Zainul Abedin, Advocates— For the Oppos......t any substance. 7. Mr. Mozaffar Hossain has placed before me the impugned judgments. In view of the submissions made by the learned Advocate, I allowed Mr. Mozaffar Hossain to place before me the evidence of the 5 witnesses examined by the contending parties. There is no dispute in this case reg..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ...... connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ...... not guilty and claimed to be tried. The prosecution in support of its case has examined 13 witnesses but the defence examined none. 3. The learned Additional Sessions Judge on assessment of the evidence on record found the petitioners not guilty of the charge under sections 302/149 of the Pena..Category: Criminal Law | Date: | Hits: 49
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......titioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129....... and the same has occasioned failure of justice. 6. Mr. BN Elias has taken me through the impugned judgments. In the peculiar circumstances of the case Mr. Elias was allowed to place before me the evidence of the witnesses examined by the prosecution. To assure of a correct decision in the case i..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......ed earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......en falsely impleaded in the case. 5. At the trial the prosecution examined six witnesses and the defence examined none. The learned Magistrate on detailed discussion and proper appreciation of the evidence on record found the accused persons guilty under sections 447/323/354 of the Penal Code and..Category: Criminal Law | Date: | Hits: 68
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......egal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233....... the Act indicates while a legal proceeding is pending and an appropriate order is made by a Court or a Judge on any special cause only then contents of any Bankers Books can be produced or proved in evidence. 11. Section 6 of Bankers Books Evidence Act provides that if any party to a legal proce..Category: Anti-Corruption Laws | Date: | Hits: 153
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......ands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......ma filed in that suit is collusive and void. Accordingly, this defendant prayed for dismissal of the suit. 4. The learned Subordinate Judge on consideration of the pleadings of the parties and the evidence on record dismissed the suit on contest against the defendant No. 3 with cost and ex parte ..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
...... Article it appears that the same will be attracted only, if the proceedings start with an accusation and the person who seeks its protection is already an accused person when he is compelled to give evidence and make statement. It has already been noticed that the learned Metropolitan Magistrate by..
Category: Anti-Corruption Laws | Date: | Hits: 191
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......cial Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......bmits that the learned Special Tribunal disregarding the FRT submitted by the police framed charge against the accused-appellants and that the same is liable to be set aside as there is absolutely no evidence that the seized 6 bottles of Phensidyl were recovered from their possession or it was found..Category: Criminal Law | Date: | Hits: 47
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ...... and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ...... statement extracted by force. He admitted that two baitha as one broken baitha were seized from the place of occurrence. He denied that the investigation was at done properly. 19. This is all the evidence adduced by the prosecution. Defence examined 2 DWs in this case. 20. DW 1 is Jaher Miah...Category: Criminal Law | Date: | Hits: 55
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