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Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......f the thana concerned. He further submits that charge-sheet was submitted on 31-8-96 against five accused. Subsequently, further investigation was held 6 the Police on the order of a superior officer and a supplementary charge-sheet was submitted against the four accused persons including the presen......icer and inclusion of the name of the present petitioner in the supplementary charge-sheet are in accordance with the provision of section 173(3B) of the Code of Criminal Procedure. To appreciate the legal position, the above section is quoted below: “173(3B). Nothing in this section shall be d..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....stant Attorney-General, on the other hand, submits that although there is no eye-witness in the case but the strong circumstance and the un-explained situation in which the deceased died, having been properly assessed in the light of the evidence and circumstances of the case, the learned Session Ju......—For the Appellants. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 148 of 1985. Judgment Md. Abdul Aziz J. - This appeal is directed against the judgment and order of conviction and sentence dated 25-5-85 passed by Mr. AKM Sadeque, Sessions Judge, Tangai...... Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention given any information respecting the offence which he knows..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....deter perpetuators from commission of crime but the train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the ......€¦â€¦â€¦â€¦..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. Emperor, 34 Criminal Law Journal 395; Hazer Ali Mandal and others Vs. State, 37 DLR (AD) 87; Nazir and Others Vs. State, PLD 1962 (SC) 269. Lawyer......be oral or documentary. Confessions may be divided into two Classes: Judicial and extra‑judicial. A judicial confession is that which is made before the Magistrate or in Court, in the due course of legal proceedings, e.g. that recorded under sections 164 and 364 of The Code. A confession which is ..Category: Criminal Law | Date: | Hits: 82
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....tiffs laid a suit being Small Causes Court Suit No.3 of 1993 before the Small Causes Court Judge who is also the Senior Assistant Judge, Sadar, Comilla for a decree of ejectment of the tenants on the property described in schedule to the plaint taking stand that the defendant-tenants were defaulters......orted in: 52 DLR (HCD) (2000) 172.......oceeding. (iii) The plaintiff of the suit got no locus standi to file an application for staying the proceeding of the Execution Case No.1 of 1997. and (iv) The alleged oral contract got no legal existence at all and there was no contract whatsoever as alleged by the plaintiff. 5. The l..Category: Civil Law | Date: | Hits: 66
Category: Fiscal/Taxation Law | Date: | Hits: 65
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
.... the plaintiff was only 8 years of age and his father died and other plaintiffs, namely, mother and sisters being women, he did not know about the records and Abu Sufian used to look after the landed properties as brother Firoz used to serve in Calcutta. The learned Judge came to the finding that th......as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ...... appearing on behalf of the plaintiff-opposite party Nos. 1-3 has supported the judgments of the court below. Section 42 of the Specific Relief Act reads as follows: “Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ule. 8. Mr. Shahabuddin Ahmad, the learned Advocate appearing on behalf of the plaintiff- petitioner has taken me through the Judgments of both the Courts below and submits that the trial Court on proper assessment of the evidences on record decreed the suit for permanent injunction and granted a......DLR (2002) 196....... that Abdul Majid the original owner died leaving 3 sons and 4 daughters including Jamina Khatoon who became the owner of the suit land along with other land measuring 8.12 acres of land according to legal shares. Jamina Khatoon daughter of late Abdul Majid became owner in possession of the suit lan..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......3. ......that the importer the appellant instead of finishing agent imported DOP. The respondent No. 2, the Commissioner of Customs issued a notice to the appellant on 23-10-2000 alleging that the appellant illegally made a false declaration that he has imported finishing agent but on physical certification ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
....R with Jagannathpur Police Station alleging that on 22.5.97 at about 8.30 p.m. he had been going to the house of his uncle Abdul Gafur, the victim, for discussion about payment of taxes of the family properties and while he was at a distance of about 150 yards from his uncle's homestead he heard the......oynul Abedin J Md. Talebuddin (Taleb)...................Petitioner Vs. The State..............................Respondent Judgment February 3, 2009. Cases Referred To- Om Prakash and others Vs. The State of Uttar Pradesh, 1983 AIR (SC) 43; Apren Josheph Vs. The State of Kerala 1...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ..Category: Criminal Law | Date: | Hits: 33
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
.... on 01.09.2001 in the "Daily Ittefaque" for inviting tender for the purpose of lease of residential or commercial plots vide notice No.02/2001-2002 for a period of 99 (ninety nine) years as abandoned properties including building, structure, tree etc. standing on such plots. In the said tender 9 (ni......mad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Hague J Md. Muzamnel Hossain J Surendra Kumar Sinha J Mahmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. Lawyers Involved: ......tar dated 14.08.2003 issued by the respondent No.5, Annexures-F and F-1 to the Writ Petition respectively, should not be declared to have been issued and made without lawful authority and to be of no legal effect. 4. The Rule was subsequently modified as under:- "Let a Rule Nisi issue calling ..Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
.... the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of oppoÂsite party No. 1-15 and others for declaration of right, title and interest of the plaintiff in the suit properties and also for declaration that the alleged general Power of Attorney dated 15.11.63 allege......bsolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das); A.I.R. 1964 (Allahabad) 342, (F.C. Davidson Vs. Mohanlal Sindhi); A.I.R. 1942(A11), 82 (Pyare Lal and others Vs. Chhotey Lal and others); A.I.R. 1925(Mad) 578 (Velovolu Ptharaju); 23 D.L.R 461, (Dac......aid provision of the Code. He also argued that the appellate Court also failed to exercise the jurisdiction vested on him unÂder the provision of Order 47, rule 7 of the Code and thereby committed illegality. The learned Advocate submits that both the Courts below illegally disbeÂlieved the medica..Category: Procedural Law | Date: | Hits: 95
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ............Appellant Vs. The State...............Respondent Judgment January 11, 1988. Result: The appeal is allowed. Cases Referred to- Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar Sulradhar alias Dhan, 20 DLR ......nised appellant Rattan. 10. P.W. 7 Akter Hossain Mia was a Magistrate Barguna, Patuakhali. On 15.10.78 he recorded the confessional statement of appellant No. 2 Nurul Haque after observing all legal formalities. His confesÂsional statement is Ext. 2 and his signature is Ext. 2/1. He stated i..Category: Criminal Law | Date: | Hits: 49
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ainst one Kafiluddin Islami for recovery of a loan of Tk. 50,000/- which was obÂtained by Kafiluddin in 1975. The appellant obtained on 22.6.79 an ex parte order of attachment before judgment of the property mortgaged in the suit. Such properties were mentioned in the schedule to the apÂplication ......t No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First MiscellaneÂous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judgÂment and order dated 5.7.87 pass......nal was iniÂtiated by P.W.1 Md. Liakat Ali Khan, District Manager, Pubali Bank, Jamalpur Branch by addressÂing a letter of complaint on 6.6.83 to the President, Bangladesh Bar Council, and invoking legal action against the appellant on the facts stated therein. The appellant replied to the allegat..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ced for over 40 years. He was preÂsumed to be dead. His share devolved upon his only surviving brother Ismail and only surviving Sister Hosen Banu. Thus Hosen Banu inherited 5/18th share of the suit property and the plaintiffs as her heirs inherited the same. The defendant No. 1 Ismail who was the ......For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Divisio...... late Nazir Sikh died on 27.11.63. Under Section 78(6) of the Evidence Act, "public documents of any other class in a forÂeign country has to be proved by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public or of a Bangladesh Consul..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
....that 0.42 decimal of land of S.A. Khatian No. 92/105 of Mouza Balatala. P.S., Khulna was owned by Parimal Kumar Nag and Nirmal KuÂmar Nag having their residential building standing thereon. The said property was exchanged by them with Shamsu Ghani who gave his Indian Property to them in exchange. B......epresented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under secÂtion 115 of the Code of Civil Procedure and is directÂed against the Judgement and decree dated 28.12.1983 passed by the learned Additional......75. The plaintiffs submitted a show cause where they have submitted all the papers but without proper consideration of those, defendant No.2 treated the suit property as abandoned property which is illegal and mala fide. Hence the suit. 3. In that suit the Additional Deputy Commissioner, Khulna a..Category: Property Law | Date: | Hits: 36
Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)
....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......Reported in: 15 MLR (AD) (2010) 424. ......¿à¦²à¦¾-১২/৯à§/০ৠpurporting to transfer the services of 118 posts of the development project namely "Women Support Programme (2nd Phase)" to the revenue budget excluding the petitioners illegally and arbitrarily and order dated 09.02.2004 vide Memo issued by the respondent No. মশিà..Category: Employment/Service Law | Date: | Hits: 86
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....rder dated 14.05.2008 passed in Writ Petition No. 4196 of 2007 by the High Court Division discharging the Rule. 2. The petitioner hereof filed the writ petition challenging the auction sale of the property consistence of 495 ajutangsha in C.S. Plot No.1418, in C.S. Khatian No.62, J.L.No.271, Mouz......on (Civil) Present: Mohammad Fazlul Karim Md. Joynul Abedin Shah Abu Nayeem Mominur Rahman Banesa Bibi……………………….....Petitioner Vs. The Senior Vice-President and others………......Respondents Judgment April 19, 2009. Lawyers Involved: Rokanudd......itioner filed the writ petition alleging violation of principle of natural justice and alleging that the auction sale by the bank is in fact an arbitrary, mala fide and discriminatory action and is illegal, without lawful authority and of no legal effect and that the property has been sold at a shoc..Category: Civil Law | Date: | Hits: 81