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Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
.... Shahadat Hossain, Magistrate who recorded a dying declaration deposed that Hazera Begum told him that the occurrence took place at about 11‑00 AM on 3 January 1998. The time of occurrence becomes relevant to find out the causes of burns suffered by the deceased. 42. Before entering into the q......nd sent the dead body to the morgue for post mortem. The Officer‑in‑Charge filled in the columns of the first information report. 15. In cross‑examination, he stated that he examined all the papers kept in the record before submitting the charge‑sheet. In the medical certificate prepared ......so Reported in: 55 DLR (2003) 299. ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......-9‑1974 executed by his father‑in‑law Meser Ali in favour of his wife and wife's sisters and Kabala Ext. 10 dated 20‑2‑1970 executed by the same person in favour of Abus Sattar and the said papers were seized under the Seizure List No. 7 and 8. PW 4 Abdul Motaleb attested witness of the af....... Ed. This Case is also Reported in: 55 DLR (2003) 296. ......d that the intention of the legislature in framing charge of the section, as it stands now, was to give authority only to the court in which a proceeding was pending to file a complaint in respect of documents which were produced or given in evidence before it ..............” 14. The above view..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
.... of the mind for the formation of the opinion of the signing officer were declared to be invalid, but the orders which were averred by the signing officer to have been made after consideration of the relevant materials or in respect of which there was no contrary evidence, were held to be valid. ......The petitioner having failed to trace the whereabouts of her son after making all enquiries from the local police and also from the authority of the Dacca Central Jail issued a statement in the Newspapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the......Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......med robberies, etc. with unauthorized arms and that in February, 1974 the Rakkhi Bahini recovered a huge quantity of arms and ammunitions from his house and nearby places and also certain prejudicial documents, booklets and leaflets from his house in course of the search. It has been further alleged..Category: Constitutional Law | Date: | Hits: 291
.... No. 3962 of 1998 whereby the respondents, the Ministry of Social Welfare and other government functionaries, were directed to give registration to the Samity of the writ petitioners.
2. The facts relevant for disposal of the present Rule is that the respondent No.1 filed Writ Petition No. 3962 o...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......his Case is also Reported in: 55 DLR (2003) 289.
...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....submissions, the, points that emerged before us, requiring our resolution, were (I) whether the plaintiff/ appellant’s claim against the defendant/respondent had become barred by application of the relevant provisions of the Limitation Act, (II) whether the recoverability of the debt got animated ...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......……………………….…Appellant Vs. MA Kahhar …………………………respondent Judgment March 27, 2002. Cases Referred To- Tripura Modern Bank Ltd Vs. Elahi Baksha and others, 18 DLR 498; Gajadhar Vs. Jagannath, AIR 1924 All 551; Nathu Sing Vs. Girwar Sing, AIR 19...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......ter conclusion of prosecution evidence accused present at the trial were examined under section 342 Cr.P.C. and the statements were duly recorded. Accused Sharifuddin stated that he would submit some papers and accordingly, some papers were submitted along with a petition as to retraction of his ear......d. This Case is also Reported in: 55 DLR (2003) 273. ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..Category: Criminal Law | Date: | Hits: 42
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... Rin Adalat and Sub Judge, Jessore in Money Execution Case No. 88 of 1996 should not be set aside and/or such other or further order or orders passed as to this Court seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule, in short, are that the petitioner instituted Misc...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...........................Petition Vs. Md. Abdul Hoque ...........................Opposite party Judgment December 1, 2002. Case Referred To- Hridoy Mohan Sanyal Vs. Khagendra Nath Sanyal and others, 34 CWN 213. Lawyers Involved: Shaheed Alam, Advocate‑For the Petitioner. Not ...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....ourt of Arbitrator with the direction to decide the case afresh in accordance with the law and in the light of observation made by the High Court Division. The parties were directed to place only the relevant certified copies relating to the said Writ Petition No. 42 of 1960 at the time of hearing t......2,17,00,000 for rent + 11,91,780 for 15% in total 2,79,31,780 minus 2,92,000 (already received by the plaintiff). 27. Since the plaintiffs have failed to adduce either any evidence or produced any papers to show and prove that they are entitled to get any compensation upon structures standing the......his Case is also Reported in: 55 DLR (2003) 264. ...... in support of their claims have submitted several judgment of arbitration cases namely, Arbitration Case No. 106 of 1978, No. 163 of 1984 and No. 317 of 1990 and have also submitted other supporting documents. The petitioners have claimed a sum Taka 3,35,28,880 in 1985 when the Arbitration Miscella..Category: Property Law | Date: | Hits: 95
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......e relies on the decision reported in AIR 1930 (Lahore) page 407 to support his contention. He submits that the Rule is liable to be discharged. 5. On perusal of the petition of complaint and other papers filed along with the application under section 561A of the Code it appears that one Kalu poss......lso Reported in: 52 DLR (2000) 392. ......in spite of repeated demand and request those deeds were not, returned. Learned Advocate submits that even if the deed No.3341 dated 7-8-1961 and other deeds be not returned or not available then the documents being 30 years old, certified copy of the same can be obtained and the complainant is not ..Category: Criminal Law | Date: | Hits: 42
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......der as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390....... found to be in possession of the land as they are residing there by constructing their dwelling houses. 5. On appeal preferred by the plaintiffs, the learned District Judge, having considered the documents on which the prima facie title of the plaintiffs is based, found that the claim of the pla..Category: Property Law | Date: | Hits: 64
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. ......s is the internal affairs of the local authorities and the said local authorities exercised their discretion judicially and that does not call for any interference by this Court. 6. In view of the papers annexed as Annexure-‘X’ series to the affidavit we find that those are mostly copies of i...... 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. ...... 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. ......me Court High Court Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Omar Ali Sheikh......................................Petitioner Vs. Shamsul Alam Mridha and others..............Opposite Parties Judgment December 10, 2002. Lawyers Involved: ...... 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. ..Category: Property Law | Date: | Hits: 84
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....0 of the Penal Code. 4. Mr. Md. Abdur Razaque Khan, learned Counsel, appearing for the petitioner submitted that a clearing and forwarding Agent attached to Sona Masjid customs check post at the relevant period in the year 1999 for clearing of imported goods with assigned duty of payment of cus...... accused No.1 collusively with the help of accused No.3 got delivery of the imported goods from 22.04.1998 to 23.04.1998 and 16.05.1998 to 29.05.1998 without shipping documents by creation of false papers and token. The accused petitioner No.1 having failed to repay the bank dues by 30.04.1998 and......ision (Criminal) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Md. Azizur Rahman…………..............Petitioner Vs. The State and another……………......Respondents Judgment January 11, 2010. Lawyers Involved: ......1998 and 25.05.1998 respectively, the office of witness No.6 Superintendent of Customs, Sona-Mosjid Customs Check post, police station Shibgonj, Nowabgonj. The complainant Bank on receipt of shipping documents informed the accused No.1 by a letter dated-18.05.1998 and 11.06.1998 asking him to collec..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....o.2 is directed against the judgment and order dated 15th March, 2009 of a Division Bench of the High Court Division in Writ Petition No.10310 of 2007 making the rule nisi absolute. 3. Short facts relevant for the disposal of the leave petition are that the writ petitioner was appointed on 17th......vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......l) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The Managing Director, Dhaka WASA, WASA Bhaban, Dhaka...........Petitioner Vs. Meer Awlad Hossain and others ............................Respondents Order October 13, 2010. Lawyers Involve......vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45...Category: Employment/Service Law | Date: | Hits: 87
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
....y defendant petitioner No.3 directing the plaintiff to remain present in his office on 21.4.1994 with the register, seal and other documents being illegal, beyond jurisdiction and contrary to the relevant provisions of law are not binding upon him. 4. The plaintiff filed the above suit on the...... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ...... Md. Abdul Aziz J B K Das J Md. Muzammel Hossain J Surendra Kumar Sinha J District Registrar, Manikgonj .....................................Petitioner Vs. Md. Shariful Islam and others………………………….............Respondents Judgment November 15, 2009. ......994 passed by the defendant No.1 cancelling the license of the plaintiff as a nikah registrar, the Memo No. 291/1(4) of the same date directing the plaintiff to hand over the records, seals and other documents to the defendant No.3 and the Memo No.534 dated 17.4.1994 issued by defendant petitioner..Category: Civil Law | Date: | Hits: 106
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....petition for leave to appeal is directed against the judgment and order dated 6th August, 2009 of a Single Bench of the High Court Division passed in Civil Revision No.2070 of 2009. 2. Short facts relevant for the disposal of this petition are that Sayed Abu Shayed, predecessor of the respondent ......its responsibility and as such, the judgment of the High Court Division merits interference by this Court. 6. We have heard the learned Senior Counsel for the petitioners and perused the connected papers including the impugned judgment. Admittedly the petitioners instituted Miscellaneous Case N...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ayesha Siddika and others………………………….......Petitioners Vs. Sayed Rafiqul Islam Rafiq and o......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ..Category: Property Law | Date: | Hits: 89
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. ...... 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. ...... 1, 16 MLR (AD) (2011) 261. ......1065 dated 21.4.75 was proved by Faruq Hossain, D.W.4, who was the identifier of that deed and Saiful Islam, P.W.5, the Mohrar of Rajshahi Sadar Sub-Registry Office, having not produced the correct documents, the trial Court as well as the High Court Division rightly did not rely upon the photocop..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
.... of the Ain of 2002. 16. In the facts and circumstances of the case, it appears that the Ain of 2009 was given retrospective effect from 15.04.2008. In this context it is pertinent to refer to the relevant provisions of Section 6 of the General Clauses Act which reads as under: “6. Where thi......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. ...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Tarique Rahman................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judg......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. ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....he occurrence and that he disclosed the occurrence to him. He denied the defence suggestion that he did not see the occurrence. 27. PW8 Md. Abul Kashem was a First Class Magistrate in Bhola at the relevant time of occurrence. In his evidence, he testified that he recorded the confessional stateme...... 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. ...... Court Division (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J SM Hossain J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. Cases Referred to...... 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. ..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....or his failure to appear when the Rule was taken up for hearing, if the matter is heard again in presence of the learned Advocate for the applicant, he has a good chance of success in the case as the relevant facts could not be placed when the Rule was heard ex parte. 3. A supplementary affidavit......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......3. ......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ..Category: Property Law | Date: | Hits: 73
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