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State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......roduction of the case diary and fixed 8th October, 2009 for passing necessary order, and sent the accused-respondent into the judicial custody. The learned Magistrate also noticed from materials on record that the accused was sick and accordingly, directed the Jail authority to make arrangement ......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......rt of Sessions and by a court of Magistrate. These two Sections indicate that when an accused is brought for trial before a court of law the court upon hearing the parties and on consideration of the record of the case and the documents may discharge the accused. Theses two Sections have nothing to ...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....bai, he brought one Sony TV, VCP and other valuable worth about Tk.1.5. lacs and he purchased some agricultural land and started showing Film business through TV by VCP, On 21-9-1996 after show those goods were kept under the Chowki of his bed and he went to bed by keeping the Door (চাপাই......peal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the accused. ........... (49) ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); Section 144B. No suit or application shall be brought in a civil court in respect of any order directing the preparation or revision of record-of-rights under this chapter or in respect of framing, publication, signing or attesting of s......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......D 1999 SC. 57, Ministry of Finance Vs. Mr. Md. Masder Hossain, 2000 BLD (AD) 104, S.P. Gupta Vs Union of India, AIR 1982 SC 149, India Vs Sankal Chand Himatlal, AIR 1977 S.C. 2328, S.C. Advocates-on-record Vs Union of India, AIR 1994 SC page 268, 47 DLR (AD) 111, Raja Rampal Vs. Hon’ble Speaker, ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ......s aforesaid. The other 8 accused persons were found not guilty by the trial court and were acquitted of the charges levelled against them. The High Court Division, on consideration of the evidence on record maintained the conviction of both the accused Jamat Ali and Mokbul under sections 302/34 of t...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ......d the place of occurrence, prepared the sketch map of the place of occurrence with separate index, held inquest on the dead body and prepared inquest report, seized alamots and prepared seizure list, recorded statements of the witnesses under section 161 of the Code of Criminal Procedure. Police arr......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......n presence of an alternative remedy, the High Court Division is justified in invoking its writ jurisdiction to interfere with the order of Revenue/Settlement Officer who had directed to change the record of rights prepared in respect of the disputed property in question and declared the same as......s started as per Rule, 42 (Ka) of the Tenancy Rules 1959 on the plea that Plot Nos.1685, 20707 of Khatian No.1560 was recorded in the name of some individuals. The Revenue Officer, thereupon, after service of notice directed for recording 48.26 acres of land of R.S. Plot Nos.4233, 4234, 4235 and..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......ourt Division as well as the courts below have committed serious error of law and also injustice in decreeing the suit without considering the legal aspects and without assessing the evidence on record properly; the learned advocate has argued to the effect also that if the impugned judgments o......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
....mpetent jurisdiction but since wrong relief was sought the suit ended unsuccessfully up to the Appellate Division and the plaintiff proceeded with the earlier suit bona fide with the diligence and in good faith and he under the advice of his lawyer instead of filing the suit for specific performance...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ...... ratio in Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111 and Bangladesh Vs. Safiuddin and others, 3 BLC (AD) 6 and held that the writ petition is maintainable. On consideration of the materials on record we find substance in the contention of the learned Deputy Attorney General. 4. Leave i......aring the impugned order to have been issued without lawful authority. 2. Writ petitioner was appointed as an auditor in the Thana Accounts Office, Chakaria, Cox's Bazar who was dismissed from service under section 4 (a) of the Government Servants (Special Provisions) Ordinance, 1979 on the ..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......) (i) of the Code “The Summary Procedure on Negotiable Instruments”under Order XXXVII of the Code is the only efficacious remedy. 8. From the impugned judgment and order as well as from the record, it further appears that the Rule was issued on respondent No.1, District Judge, Dhaka only t......was admitted and numbered, the summons thereof in Form No.4 in Appendix B of the Code was duly served upon the defendant-Bank on 21.09.2005 summoning it to obtain “from a Judge, within 10 days from service; leave to appear and defend;” the suit with the warning that its defaults to obtain such l..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....shipping charge, stuffing/unstuffing charge etc. from the shipping agents/ship owners/importers/shipper/ consignee in accordance with the rate stipulated in the Chittagong Port Authority Tariff on goods and vessels etc. 22. After arrival of the vessel at the designated berth, the Stevedo...... has been contended that the petitioners have been operating as Stevedores as well as Shore Handling Contractors for the last 35 (thirty five) years with due diligence and had rendered unblemished record of service. Moreso, the respondents had duly renewed the respective licenses of the petition......ovided the qualifications and requirements for obtaining the stevedoring license. However, the employer (i.e., Master or Owner or Charterer or Agent of vessels) paid the charges for the stevedoring services. 6. Regulation 2(80) of the Regulations (prior to the impugned amendment), however, ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....; (underlining is mine) 25. There is nothing on record to show that the petitioners bear any good antecedent or that they have been falsely implicated in this case or that this is a case of fal......l to the accused-petitioner. I however sincerely regret my inability to agree with his Lordship's order granting ad-interim bail at the time of issuance of this Rule. 12. It appears from the record that a First Information Report (FIR) was lodged on 9-11-2011, by one Md. Habib with Nowabgon...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94