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Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ord that the learned APP was not present while examining some of the P.Ws. and in his absence, the P.Ws. themselves made statement before the court without any guidance. 20. Be that as it may, the question is, whether we should believe the story given in the First Information Report or the statem...... 20. Be that as it may, the question is, whether we should believe the story given in the First Information Report or the statement of the informant which he made as P.W.2. Considering the peculiar facts and circumstances and the evidence of some of the P.Ws. we are of the view that the evidence o..Category: Criminal Law | Date: | Hits: 54
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......amended second proviso to section 4 of the Act in an unambiguous language has given power to extend, curtail or otherwise alter the limits of any area for which Nikah Registrar has been licensed. The question of curtailment of any area arises only where there exists a licence for an area. Second Pro......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......vided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant not that they might be admissible on the oral cross-......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......ned the plaintiff which led them to file a Criminal Case under section 107 of the Code of Criminal Procedure. In the said Criminal Case the defendants disclosed for the first time about the Kabala in question. The plaintiffs asserted that the creation of the said Kabala dated 15-10-1984 has cast a c......favour of contesting defendants No.1-4. It is true that the lower appellate Court has not considered the evidence of the witnesses excepting the evidence of D.W.2 but such non consideration in the facts and circumstances of the case has not occasioned any failure of justice. 11. The plaintiff ..Category: Property Law | Date: | Hits: 65
....t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......the suit property on the basis of the alleged settlement from the Government. The defence has totally failed to prove by any evidence as to how the contesting defendants possess the suit land. In the facts and circumstances of the case, it must be held that the paper relied on by the contesting defe..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......s of the present case are no doubt heart-rending and painful but I am not embarking upon any discussion as to the truth or falsity of the assertions of either of the parties. The only and the limited question that this court is called upon to decide is whether the family court has committed any erro......rted in 34 DLR 221 went a step further and held, “The law of restitution of conjugal right is void” while disposing of a Rule arising out of an application under section 24 of the CPC. 17. The facts of the present case are no doubt heart-rending and painful but I am not embarking upon any dis..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......had no jurisdiction to entertain the suit. 5. He argues very strenuously that since the very marriage had been denied by the defendant-petitioner the Family Court had no jurisdiction to decide the question of dower, maintenance or restitution of conjugal rights; according to him, if a marriage is......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......tes — For the Petitioners. Nikhilesh Dutta with AB Roy Choudhury, Advocates — For the Opposite-Parties. Civil Revision No.1115 of 1996. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 12-96 passed by the Senior Assistant Judge, Narshingdi in Miscellaneous Cas......passed in Title Suit No.108 of 1988. By this impugned order the learned Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts relevant for disposal of the case are that, the petitioners as plaintiffs instituted a suit in..Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......earned Advocate for the plaintiff petitioners is that as per direction of the learned Subordinate Judge in her judgment, the plaintiffs have already taken possession of the suit land and the money in question and hence the appointment of a further receiver by the learned District Judge during the pe......of 1992 allowing appointment of receiver during the pendency of the appeal, should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to this Rule are that the plaintiff petitioners instituted a suit being Title Suit..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......y filing a joint written statement denying material allegations and stating, inter alia, that the suit was not maintainable; that civil Court had no jurisdiction to entertain or try the suit as the question whether the seized goods were smuggled goods and liable to confiscation was within the excl......ion 188 of the Sea Customs Act provides that "Every order passed in appeal under this Act shall subject to the power of revision conferred by section 191 be final". We are to see whether in the above facts and circumstances and position of law plaintiff‑respondent's suit was maintainable or not or..Category: Fiscal/Taxation Law | Date: | Hits: 125
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......n witnesses came to their rescue accused left the place leaving aside a motor cycle. Police came to the nearby place hearing hue and cry and sent them to Banaripara Hospital for treatment. 4. Only question in this case is whether petitioners are entitled to be enlarged on anticipatory bail. 5.......eneral contended that allegation of the petitioners that informant influenced the entire Banaripara thana has no basis and no such allegation was made in the petition of complaint. From the aforesaid facts it appears to us that petitioners tried to make a mountain out of a mole hill and giving polit..Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......ed 25-11-95 passed in Title Appeal No.18 of 1995, arising out of the judgment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit..Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499....... the gang of the dacoits about whom they received secret information. At the time of actual raid in that trawler, the accused persons were arrested by the members of the police party and at that time question of presence of the members of the public did not arise and as such the two seizure list wit......e Investigating Officer and the informant could not be relied upon. Obviously, the reasons given for not relying upon the evidence of the informant and the Investigating Officer are very reasons. The facts and circumstances of the instant case before us are totally different. Here, we have found tha..Category: Criminal Law | Date: | Hits: 59
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......e No.20 of 1997 rejecting the application of the petitioners under section 151 of Code of Civil Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the purpose of the case are that, the predecessor-in-interest of opposite party N..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......He thereafter referred to the case of Hafizuddin Vs. State reported in 42 DLR 397 and submits that since the recording Magistrate has recorded the confessional statements of the confessing accused in question and answer form, it is not admissible in evidence inasmuch he submits that the recording Ma......ed, but police obtained their confessional statements out of physical torture and duress which is not at all true and voluntary. 7. Thereafter in consideration of the evidence on record as well as facts and circumstances of the case the learned Assistant Sessions Judge found the accused-appellant..Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......ea of defect of parties in his written statement, it is for the plaintiff to take note of that and to take remedial steps, wherever necessary. Even after an objection is taken by the defendant on the question of defect of parties and the plaintiff fails to implead them as parties to his suit, he mus......assed by the Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a su..Category: Procedural Law | Date: | Hits: 67
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......support of the grounds taken in the review application as indicated above. 5. Mr. Khalequzzaman, the learned Advocate appearing for the objector, submits in reply that— (1) review application in question is not entertainable as this Court has no jurisdiction to review its own order, and (2) eve......ds raised in the application for review are not the grounds as contemplated in rule 1 Order 47, review application merits no consideration. 6. It is noticed from the record that this Court, in the facts and circumstances of the case, by order dated 19-3-1998 condoned the delay and directed the pe..Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......le of HC No.11278, petition, affidavit-in-opposition, affidavit-in-reply and other relevant papers and on consideration of the same along with order sheet of SC Case No.11278 we find that the waqf in question was enrolled for the first time by order dated 29-11-47 and one Abdul Hafiz, son of Samirud......, is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479...Category: Trust/Waqf Law | Date: | Hits: 142
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......cy note in possession of the accused was of such nature or description or look that a mere look at it would convince any person of average intelligence that it was counterfeit or forged, nor any such question was put to the accused during trial, the conviction and sentence of the accused under the s......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ..Category: Criminal Law | Date: | Hits: 87
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......tion No. 3969 of 2009). Order Md. Abdul Wahhab Miah J. - Delay of 265 days in filing the leave petition is condoned. 2. In this petition for leave to appeal, the petitioners have called in question the judgment and order dated the 18th and 19th November, 2009 passed by the High Court Divi......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
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