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KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....its that the nature of accusation and heinousness of the crime are not the only circumstances to be taken into consideration under sections 496 and 497 of the Code of Criminal Procedure and the other relevant circumstances like the chance of absconding, tampering with evidence or hindering the cours......prisonment for life. The proviso to the sub-section contains exceptions to cases of a person being under the age of sixteen years, of a woman or any sick person. 12. Medical certificates and other papers show a number of ailments these petitioners are said to be suffering from including cardiac t......al Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....nt under section 164 of the Code of Criminal Procedure. The confessional statement was recorded by Mr. AM Badruddoza, Magistrate, Second Class who was the Assistant Commissioner of Chauddagram at the relevant time. In the confessional statement the accused Abdul Khaleque stated that he and his fathe......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... in: 51 DLR (HCD) (1999) 43......., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....th Court Dhaka had no jurisdiction to try the present case has got no substance. 9. As regards the second and final objection raised by the learned Advocate for the petitioner we like to refer the relevant provision (section 5) of the Prevention of Corruption Act, 1947 which runs as follows: â......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......ted by the Deputy Commissioner………………………….Opposite Party Judgment July 26, 1998. Lawyers Involved: Khan Saifur Rahman with Syed Ziaul Karim with Md. Salahuddin Talukdar and Syeda Maimuna Begum, Advocates — For the Petitioner. Mahmud Hossain, Assistant Attorney-Gen......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40...Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
.... world or to the destination and the question of Transit Visa and staying in United Arab Emirates did not arise and there is also no endorsement in the visa of date of his exit from Bangladesh at the relevant time and in view of the same his stay in United Arab Emirates becomes a doubtful matter. ......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
.... 2010 enlarging the accused-respondent Md. Ariful Islam @ Arif on bail in Motijheel P.S. Case No. 97 dated 22nd August, 2010 pending, in the Court of Chief Metropolitan Magistrate, Dhaka. 2. Facts relevant for the disposal of this petition are that on the basis of an F.I.R. lodged with the Motijh...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......or the Petitioner. T.H. Khan, Senior Advocate, instructed by Taufiq Hossain, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 347 of 2010. (From the judgment and order dated 26.05.2010 passed by the High Court Division in Criminal Miscellaneous Case No. 6566...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ..Category: Criminal Law | Date: | Hits: 50
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....on or within such further time as may be allowed by the Government on payment of such fee as the Government may, by notification in the official Gazette, determine. (2) The Government may call for relevant papers from the Institution and may, after such inquiry in the matter as it considers neces......ffects of the products named 'Crown' and 'Hunter’ on the public health, especially child health, which contain alcohol, and the reporting was general in nature, which was also reported by other newspapers too and in making such reporting they did neither twist nor embellish the facts, rather, the ...... also Reported in: 9 BLC (2004) 601. ...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ...... and after hearing the High Court Division made the Rule absolute. 4. We have heard the learned counsel and perused the impugned judgments and orders of the High Court Division and other connected papers. 5. As it appears, in respect of Civil Petition No. 1498 of 2007 and Civil Petition No.133......aya Rani Saha................Petitioner (In Civil Petition No. 1498-1499 of 2007) Dr. Ashequr Rahman Khan.........Petitioner (In Civil Petition No. 1333 of 2008) Vs. Dr. Ashequr Rahman Khan and others.......Respondents (In Civil Petition No. 1498 of 2007) Government of Bangladesh & ......ingly the same was rightly recorded in the Khas Khatian No.1 and nobody raised any objection thereto and that Mohamaya Rani Saha and/or her predecessor never possessed the said land and the so called documents of settlement of the suit land in favour of the defendant Nos. 6-7 Shorforaz Uddin and Mom..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......tin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dijalal Majumder........................Petitioner Vs. Munshi Bodiul Alam and others .............Respondents Judgment July 15, 2010. Lawyers Involved: Ibrahim Kh......assed in Title Suit No.808 of 1977 but the suit was ultimately dismissed on 12.01.1985 on the basis of a solenama dated 11.06.1981 and that the plaintiff's claim is based on some forged and collusive documents by which the plaintiff did not acquire any right, title and interest or possession over th..Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ion and that the tender notice described in the 'Kha’ schedule of the plaint in respect of 'Ka' schedule land of the plaint if is illegal, collusive and not binding upon the plaintiffs. 3. Facts relevant for the purpose of the disposal of the leave petition are that the plaintiffs filed the sui......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......ivil) 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 Md. Anowar Hossain and others..................Petitioners Vs. Bangladesh Jute Corporation and others.................. specifically claimed title on the suit land through adverse possession. However they claimed to be in continuous possession of the suit land since their predecessors-in-interest. The D.W.1 submitted documents relating to purchase of the suit land through Court, the receipts showing payment of rent ..Category: Property Law | Date: | Hits: 58
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......l Karim, the learned Counsel appearing for the respondent Nos.1-10, and perused the petition and the impugned judgment and order of the High Court Division, the judgments of the Court below and other papers on record. It appears that the Trial Court decreed the suit and the Appellate Court revers......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdur Rashid.........................Petitioner Vs. Afzal Gazi and others...............Respondents Judgment May 3, 2010. Lawyers Involved: Abdul Quiyu......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4...Category: Property Law | Date: | Hits: 57
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......se is also Reported in: 51 DLR (HCD) (1999) 28. ......ion was not filed following the provisions of Order 47 rule 1 of the Code of Civil Procedure, hereinafter referred to as the Code. 10. The learned Advocate further submits that on the basis of the documents both the Courts below by the concurrent finding came to the opinion that the suit land app..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....hahi, to show cause as to why the Order dated 28-9-92 fixing the date of trial on 24-10-92 in respect of the petitioner without obtaining sanction from the Government should not be quashed. 2. The relevant facts, in short, are that, one Md. Ali Baksh Pramannik lodged a first information report wi......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......t, one Md. Ali Baksh Pramannik lodged a first information report with the Tanore Police Station on 18-11-91 alleging, inter alia, that on the night following 12-11-1991 while he along with his father and other brothers were away at the beel to catch fish and taking advantage of the absence from hous......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...Category: Criminal Law | Date: | Hits: 50
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... the said affidavit–in-opposition the contemner did not specifically deny the allegations made in the Contempt Petition and the supplementary affidavits nor did he challenge the authenticity of the papers and documents annexed thereto. The contemner, however, stated in a vague and evasive manner t...... made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradictory and misleading statements before th......ffidavit–in-opposition the contemner did not specifically deny the allegations made in the Contempt Petition and the supplementary affidavits nor did he challenge the authenticity of the papers and documents annexed thereto. The contemner, however, stated in a vague and evasive manner that the Con..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......t Natore for her better treatment and the said doctor would cure her illness. Subsequently she went Natore on 1st Kartik, 1384 B.S with the defendant, where he took her left thump impressions on some papers telling that those were applications for appointment of the doctor. Ultimately they came back......l Jurisdiction) Present: Md. Ruhul Quddus J Md. Chinimuddin Malitha ... ………………Petitioner Vs. Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment January 2, 2011. Lawyers Involved......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 54
Md. Chand Miah and others Vs. Md. Ansar Ali and others, 2010, 39 CLC (HCD)
....er Class Appeal No.10 of 2007 dismissing the same on affirmation of those dated 16.11.2006 passed by the Senior Assistant Judge, Mithapukur, Rangpur in Other Class Suit No.51 of 1993. 2. The facts relevant for disposal of the instant Civil Rule are that the impugned judgment and decree was passed...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......onal application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 103
Suruzzaman and others Vs. Abed Ali and others, 2010, 39 CLC (HCD)
....3 of 2004 dismissing the appeal and thereby affirming those dated 30.9.2003 passed by the Senior Assistant Judge, Sundarganj in Other Suit No. 123 of 1998 decreeing the suit in part. 2. The facts relevant for disposal of the instant Civil Rule are that the impugned judgment and decree was passed...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......plication before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 92
Kendul Palli Mongal Samittee Vs. Sree Mohonto Robi Das and others, 2010, 39 CLC (HCD)
....her Class Appeal No.47 of 2006 dismissing the appeal on affirmation of those dated 31.8.2006 passed by the Senior Assistant Judge, Sadar, Joypurhat in Other Class Suit No. 27 of 1998. 2. The facts relevant for disposal of the instant Civil Rule are that the impugned judgment and decree was passed......ent revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......ent revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 98
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......t petitioner is allowed to sell schedule-A property or any part thereof by private negotiation and enhance the sale proceeds. 9. We have examined the writ petition, affidavit-in-opposition and the papers annexed therewith. We have also examined the provision of Order XXI rule 83 of the Code of Ci......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………….... Petitioner Vs. Bangladesh and others ……………….... Respondents Judgment January 6, 2011. Result: The Ru......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ..Category: Procedural Law | Date: | Hits: 95
Md. Azizul Islam Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......named in the FIR being armed with deadly weapons like lathi, iron rod, chopper, knife etc. confined the informant’s son Aminur near the shop of accused No.15; that on the order of the accused Nos.1 and 3, the accused No.7 with iron rod gave blow on the joint of knee of Aminur; that accused No.6 ga......e enlarged on bail. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 6. On perusal of the surath..Category: Criminal Law | Date: | Hits: 40
Md. Shahjahan and others Vs. State, 2010, 39 CLC (HCD)
....erty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in:......erty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in:....... AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in:......thing about the misuse the privilege of bail of the petitioner No.2. Md. Karim, who has been enlarged on ad-interim bail. 5. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order. 6. Considering the factual ..Category: Criminal Law | Date: | Hits: 43
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