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Liton Vs. State, 2011, 40 CLC (HCD)
....eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J AKM Zahirul Hoque J Liton ……………………………Petitioner Vs. The State ……………………….Opposite party Judgment March 2, 2011. Lawyers Involved: ......e learned Special Tribunal, 2nd Court, Meherpur convicted the petitioner and sentenced him as stated above. 7. Being aggrieved there against since the petitioner could not prefer any appeal within time, he obtained the instant rule on filing an application under section 561A of the Code of Crimin......e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 48
Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....ourt Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J AKM Zahirul Hoque J Zabbar Muhury ……………………………………..Petitioner Vs. The State ………………………………….………….Opposite party Judgment February 13, ......advocate for the petitioner to the effect that the prosecution could not produce any witness and the trial is delayed for no fault of the petitioner, we are of the view that justice would be met if a time is fixed to produce witness of the case. 8. Accordingly the rule is disposed of with the dir......any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 46
Md. Shahidul Islam Vs. State, 2011, 40 CLC (HCD)
.... to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......ned order. 9. In view of the submission of the learned advocate for the appellant to the effect that the prosecution could not conclude the trial, we are of the view that justice would be met if a time is fixed for concluding the trial of the case. 9. Accordingly the appeal is disposed of with...... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ...... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 64
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
.... Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......ecognize them they were holding stick on their hand and accordingly on fair he declined to go out to his house. On quarry about his father he did not make any reply. He further disclosed that at that time he went to his mother, younger brother uncle Salimuddin but he later called them and noticing t......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
....ction with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......bal FIR with the Gowainghat Police Station against the appellant and other five persons including the deceased Samsher Ali alias Temnai stating inter alia that the night following of 15.09.1996 at anytime two cattle were taken away by unknown thieves and on 16.09.1996 the accused deceased Temnai of ......he thus prays for dismissal of the appeal. 11. Heard the learned advocate of both the sides and perused the L.C. Records and the impugned judgment. 12. It has been alleged in the FIR that after recovery of 2 cows while the informant’s relative were coming form the Graveyard the accused perso......The informant along with some other persons went thereon at 12 A.M. on the date and while they were returning back from the place the accused persons encircled them and assaulted them with local made arms, accused Sontoi Miah gave a sulfi blow to Tahir Ali who sustained injury on the chest and he di..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....on with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......ictim. 15. The said circumstances is as follows- (a) some prosecution witnesses deposed that they saw the accused to move around while killing the victim and thereafter to flee away. (b) On recovery of some love letters amongst the accused appellant and the wife of the deceased they tried ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....e. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......ducts are exported to various countries. As such, under the provisions of sub-section 1 of section 13 of the Value Added Tax, the respondent applied for adjustment of the taxes and duties paid of the time of importing hot rolled sheets as raw materials. Although, customs duties and VAT was adjuste......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
.... This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ...... Act. Whether or not the compensation was duly paid to the real owners is a disputed fact which cannot be decided in a writ petition. After the acquisition of the property the Government may at any time before payment of the compensation withdraw from acquisition of such property by notification......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..Category: Property Law | Date: | Hits: 58
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....Das Vs. Md. Khalilur Rahman and another, 37 DLR (AD) 21; Md. Lutfur Rahman and others Vs. Camal Ahmed Shah and others, 1986 BLD (AD) 231. Lawyers Involved: Garib Newaj with Maksuda Akhter, Advocates - For the Petitioners. Not represented- the Opposite Parties. Civil Revision No. 3542 of ...... two days i.e. by 10th Ashin, 1389 BS said 10,000.00 would be paid to the defendants and after receiving the consideration they would execute and register the necessary sale deed within two month’s time. 4. Further case of the plaintiff is that in terms of the said decision, the plaintiffs paid......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ..Category: Property Law | Date: | Hits: 108
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
....High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J ABM Khairul Haque J Abul Kalam Azad (Md.) and 2 others………………Petitioners Vs. State and others ………….Opposite Party Judgment April 20, 2000. Lawyers Involved: ......at there is no sufficient ground to proceed with, no charge can be framed. 6. In view of our discussion above, we are of the view that the learned Magistrate did not apply his judicial mind at the time of framing charge which is apparent from the fact that he did not consider the inquiry report. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....nd others……………….Respondents Judgment May 9, 2000. Case Referred To- 27 DLR (AD) 156. Lawyers Involved: Rafique-ul Huq with Md Zafarullah Chowdhury and Faheemul Huq, Advocates—For the Petitioner. M Amirul Islam with Tania Amir, Advocates —For the Respondent Nos. 1......airman and the Managing Director of the Islam Brothers Properties Ltd. and therefore has vested interest in the latter. The Company has huge outstanding dues with IFIC Bank which was rescheduled from time to time. The last rescheduling was done on 16-4-97. However since then the Bangladesh Bank, und......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....bstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......tioner that 10% advance payment was not mandatory. On 16.01.2007, the petitioner replied that he had already mobilized the excavators, chain, dodger despite non-receipt of advance payment. In the meantime, on 22.01.2007, respondent No.5 wrote to Dhaka Bank for encashment of performance guarantee d......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ..Category: Others | Date: | Hits: 118
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
.... in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......s of other dependents upon him including wife, son or daughter within seven days of receipt of thereon. Steps would be taken against him if he failed to submit the said statement of assets within the time fixed or submits false statement under section 26(2). In pursuance thereof, MAH Selim submitted......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)
.... not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......ing the pay-scale of Tk. 450-1215/- P.M. which was subsequently raised to Tk. 1850-2300/- P.M. The petitioner filed an application for one of these posts as a departmental candidate as he was at that time holding the post of Assistant Research Officer, and got experience for 15 years in the Governme......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ..Category: Employment/Service Law | Date: | Hits: 126
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....gret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......the Indo-Pak war in 1965 for permanent settlement in India and accordingly, the suit property was enlisted as vested property. On the suit property there was a Government child care home for a long time and after 10/12 years, the said child care centre was transferred to Gopalgonj Sadar and the sa......plaintiffs by amalnama dated 15th Baishak, 1355 B.S. Since then Ratan Sheikh had been enjoying the suit property. Abani Mohan Roy Chowdhury filed Rent Suit No. 1108 of 1961 against Raton Sheikh for recovery of arrear rent and that suit was decreed on compromise on 30th November, 1961. Raton Sheikh......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....Ed. This Case is also Reported in: 58 DLR (2006) 641. ......e husband of the defendant No. 1 namely, Khondaker Golam Ahmed served in the police department and on transfer he came to Bajitpur and took the house from Jagabandu as a monthly tenant and in the meantime the War of Liberation started and Jagabandu Saha was killed, leaving 3 sons i.e. the plaintiff ......Nos. 1 to 5 Rabindra Chandra Saha and others as plaintiffs filed Other Class Suit No. 212 of 1993 in the Court of Subordinate Judge for declaration of Title in respect of "Ka" scheduled land, for the recovery of "khas" possession after evicting the defendant No. 1 Ayesha Khatun, demolishing and remo......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....n at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......gave version that wife of Md. Kalu died but they did not account for cause of death. 9. In the case there is no eye-witness of the murder of victim of crime. Having regard to the manner, place and time of occurrence it was difficult on the part of prosecution to place on witness box any ocular ev......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....lakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ...... আইন চালু কর, মানব রচিত আইন বাতিল কর। জামায়াতুল মুজাহিদীন বাংলাদেশ ।” 5. In the meantime, the doctors found that Judge Sohel Ahmed had already expired. The hospital authority sent the ......as sick at the time of making the confession. (b) Credibility of the testimony of PWs 2 and 12 who claimed to be eye-witnesses to the criminal conspiracy. (c) Credibility of the fact of alleged recovery of a second bomb from underneath the underwear of Mamun. 74. Upon scrutiny of the materi......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....n the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......he jail appellant disclosed his name as Hiru Mia and also stated that his associate fled away. He further disclosed that he was an active member of a gang of dacoits, which comprised 17 members. Next time he stated that they formed a gang of 21 dacoits. At his showing 4 other dacoits were apprehende......h suggestions. Those were without any basis or clue. This was a baseless attempt on his part to exculpate him of the offence. There was a consistent evidence of the police witnesses testifying to the recovery of arms and ammunition and police uniform, contained in 2 bags, from his possession. 15.......cloth were recovered one 12" long LG with plastic butt-end, one 16" long pipe gun, one 20" long pipe gun and 14 rounds of cartridges of different colours. PW 1 Havilder Alamgir Kabir seized those firearms and ammunition, khaki clothes and belts under a seizure list and obtained signatures of the wit..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......l Khaleque Bhuiyan along with their 7 months child Abdullah Al-Bahadur were asleep on a cot in the southern room of their house and their maidservant Jharna slept on another cot in that room. At that time on hearing some sound Abdul Khaleque Bhuiyan woke up from sleep and thereafter he also awakened...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
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