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Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)

....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..

Category: Employment/Service Law | Date: | Hits: 84

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......lease deed was executed on 28‑11­-1978 and 15 years expired on 28‑11‑1993, that is, after 28‑11‑1993 the defendant petitioner acquired absolute ownership in the land under dispute. Where a person having partial interest in certain property, transfers a larger interest and subsequently acq..

Category: Property Law | Date: | Hits: 84

Rakib and others Vs. State, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......abuddin had started taking tea along with Azimuddin his maternal uncle-in-law and one Mostafa at that time accused Omar Miah, Rakib, Habib, Rafique, Sabuj, Quadir, Kala Manik and some other 3 unknown persons had attacked and encircled Shahabuddin, own­ing to previous grudge and animosity and on the..

Category: Criminal Law | Date: | Hits: 38

State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)

....aper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55....... threatened him to be killed. On the date of occurrence while the victim Kamrul Islam alias Momin was on the way to his college, at the instance of accused A.K.M. Rafiqul Islam, the FIR named accused persons along with some unknown miscreants have gunned down the victim and left him on road with cri..

Category: Criminal Law | Date: | Hits: 42

Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)

.... we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53.......Union under Chatkhil Police Station by the appropriate authority and since then he has been discharging his duties with full satisfaction of the authority concerned and that on 20.08.2005 the accused persons in connivance with each other filed an appli­cation before the Ministry of Law, Justice and..

Category: Criminal Law | Date: | Hits: 44

Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)

.... be sustained and accord­ingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ...... Nessa, to prove her case, should have presented Abu Sayeed as a witness before the trial Court is also erroneous as Abu Sayeed, being a complete stranger to Beraful Nessa and also being a fictitious person, there was no scope for Beraful Nessa to present Abu Syed before the Court as a witness and s..

Category: Property Law | Date: | Hits: 109

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......followed in the investigation, inquiry in respect of an offence alleged to have been committed. In the case reported in 60 DLR (AD) 90 while delivering judgment the Appellate Division observed that a person accused of the commission of an offence has no fundamental right to a trial by a particular C..

Category: Civil Law | Date: | Hits: 174

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......ention that her confession was not true and voluntary falls through. 42. Convict Saiful Islam did never surrender and he was tried in absentia. Till today he is at large. Abscondence of an accused person in some circumstances may not be an incriminating circumstance against him in respect of his ..

Category: Criminal Law | Date: | Hits: 84

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......roducts of the appellant inasmuch as the confusion is improbable, impossible in the face of the two marks if viewed in their entirety. The learned Advocate further submits that heavy onus lies of the person who files an application for rectification to show that the mark in question has not been leg..

Category: Intellectual Property Law | Date: | Hits: 226

Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)

.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......aintiff and her son are not entitled to get any maintenance and that the suit has not been filed as per provision of law and that the plaintiff is a corrupt woman and she used to cohabit with various persons to earn money and that the defendant No. 1 is a minor boy of 14 years and he appeared in SSC..

Category: Family Law | Date: | Hits: 186

State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)

....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......ce registered a case, visited the place of occurrence, held inquest on the dead body of the victim, sent the dead body to the morgue and after investigation submitted charge-sheet against the accused person under section 10(1) of the said Ain. The case record was eventually sent to the Bishesh Adala..

Category: Criminal Law | Date: | Hits: 43

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. ......Salish over the occurrence but it failed. Thereafter he lodged the first information report at the local police station. In cross-examination, he stated that he did not find any mark of injury on the person of victim Arzina Khatun. He stated that the shallow machine stands at a distance of about 30 ..

Category: Criminal Law | Date: | Hits: 45

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......soon after publication of the report on 24‑4­-2003 there was a raid by the police in the house of the petitioner at midnight in between 24th and 25th of April, 2003 at about 2.00 AM and the police personnel entered his house by breaking open the doors and entered his bedroom disregarding the pres..

Category: Criminal Law | Date: | Hits: 60

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. ......cally without application of judicial mind, which should be quashed for ends of justice. 7. Learned Counsel has taken us through section 54 of the Code and section 3 of the Act, and submits that a person cannot be put in preventive detention after arrest under section 54 of the Code, inasmuch as,..

Category: Criminal Law | Date: | Hits: 70

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. ...... 10,00,000, Taka 5,00,000 by PW36 and Taka 10,00,000 by PW37, cannot at all strike at the root of prosecution case and convict-appellant Abdus Sabur had been sufficiently identified and marked as the person " Who took victim Fatik outside the house. 13. The core questions surviving for determinat..

Category: Criminal Law | Date: | Hits: 69

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.......e sometimes followed by death has become a regular episode. This is a disturbing phenomenon. Rape is an iniquitous crime and humiliating in a woman's/girl's life. Rape is not only a crime against the person of a victim girl/woman, it is a crime against entire society and, also, a crime against basic..

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....... illegally trespassed into the courtyard of informant Chandra Bhanu and abused her husband Mobfer in filthy language. At this Surat Ali Master nephew of informant’s husband Mobfer asked the accused persons not to abuse them in filthy language whereon accused Alamgir Hossain gave a dagger blow on t..

Category: Criminal Law | Date: | Hits: 52

Abarak Ali Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj, 1998, 27 CLC (HCD)

....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 183.......dinance No. 24 of 1970 provides that “Deputy Commissioner” means the Deputy Commissioner of a District and includes an Additional Deputy Commissioner or a Joint Deputy Commissioner and such other persons as may be appointed by the Government to perform all or any of the functions of a Deputy Com..

Category: Property Law | Date: | Hits: 172

Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)

....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......পেক্ষে (subject to order provisions of the Ain) lays down certain condition and restriction and clauses (Ka), (Kha) and (Ga). 6. Clause “Ka” to sub‑section 3 provides that no person accused of any offence punishable under this Ain will be released on bail unless the informan..

Category: Criminal Law | Date: | Hits: 43

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. ......maintainable as it was bar‑red under section 195(1)(c) of the Code of Criminal Procedure. But the learned Senior Special Judge rejected the petition and framed the charges against all the accused‑persons under sections 467/471/109 of the Penal Code along with section 5(2) of the Prevention of Co..

Category: Criminal Law | Date: | Hits: 42