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Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....i were returning home after performing Puja at Kalimondir and when they reached near Munshipara 'morh', then they found a microbus on the road; that when the informant party reached there, then those persons compelled them to stop the rickshaws and on the point of Ramda. they snatched away her siste......ding on dock. Some are acquitted by the Court of first instance and some by appellate Court, but only having been in incarceration for years. Such efforts on the part of relatives of victim and other interested persons invariably is done and thus it becomes difficult on the part of a Court to find o......ail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ranches throughout Bangladesh and also to promote efficiency in the planning profession and practice and, as such, the Institute of Planners has sufficient interest to see and ensure that qualified persons are being appointed by the Government to work as planners. Further case of the petitioner;......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......rcumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....rhat morgue for post mortem examination, which was held on 20- 2-81. The informant Afaz Uddin (P.W. 1) brother of the victim, lodged the first information report (FIR) on 26-2-81 naming seven accused persons alleging that they forcibly took the victim away and after killing him, threw him into the w......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ...... Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....urhat morgue for post mortem examination, which was held on 20.2.81. The informant Afaz Uddin (P.W.1), brother of the victim, lodged the First Information Report (FIR) on 26.2.81 naming seven accused persons alleging that they forcibly took the victim away and after killing him, threw him into the w......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......ith a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....ol Miah and his daughter Karima were returning home by a rickshaw of rickshaw-puller Dulal Miah and when they reached near the house of Ibrahim at village Parakandi, then they were stopped by three persons who snatched away a wrist watch, a chain and took away cash money of Taka 120 from his pock......llant guilty of the alleged offence. It is further submitted that P.W.2 was declared hostile by the prosecution; P.W.3 is hearsay witness and P.W.4, P.W.5, P.W.8 to 11 are police personnel who are interested witnesses and P.Ws. 6 and 7 are declared tendered by the prosecution and, in view of t...... in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....ntiffs in the present Partition Suit although possession in a suit for Partition is very much material, which ought to have been decided by framing and discussing issues. He also submits that all the persons having interest of title in the suit property were not brought on record for the proper adju......nterest of title in the suit property were not brought on record for the proper adjudication of the matter and as the defect of parties is a very vital question in a Partition Suit, non-impleading of interested persons is a sufficient ground for dismissal of the suit. 9. Mr. Md. Khalilur Rahman......….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defe......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ction (1) of section 3 which again manifests a total non-application of mind. Section 3(1) of the Special Powers Act, 1974 reads thus; 3. Power to make orders detaining or removing certain persons: (1) The Government may, if satisfied with respect to any person that with a view to p......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......e, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....plicating the appellant Mostafa alias Masta and 3 others which was subsequently treated as first information report, that in the first information report, it was alleged, inter alia, that the accused persons are related to each other; that the informant married Shaneka Begum before one year back of ...... statement of the victim was taken on 29-6-2000 and the apparels of the victim were not seized and that there is no sign of rape in the medical report. He further submits that no independent and disinterested witnesses have come to depose in support of the prosecution case and the witnesses who de......t wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....every person who is deemed to be an assessee or an assessee in default under the Ordinance. 21. Under sub-section (46) of section 2, a 'person' includes an individual, a firm and an association of persons, a Hindu undivided family, a local authority, a company and every other artificial judicial ......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......e. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......4. The learned Advocate for the Petitioner Mr. S.K. Siddique has at the outset pointed out to this Court that Admiralty Suit No.37 of 1999 is one in rem against all named defendants as also otherwise interested in the vessel. The Suit falls under Section 5 of the Admiralty Court Act, 1861, the relev...... This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....ule and Sayed Haider Ali, the learned Deputy Attorney-General, opposed the bail prayer. We find from paragraph 6 of the application that, over the self same occurrence, earlier, two different private persons made two petitions of complaint which were treated as first information report and in both c......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......ned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....,1995 and the case was transferred to the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Adalat, Netrakona for trial. 5. The trial court after framing charge read over the same to the accused persons who pleaded not guilty and claimed to be tried. The prosecution adduced 12 P.Ws. to prove i...... though there were contradictions in the deposition of the P.Ws. and as such the same was liable to be set aside. He further submitted that the trial court even failed to realize the evidence of interested witnesses such as P.Ws.1, 2, 3 and 4 and the rest deposed contradictory and awarded hars......h any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
.... the learned Advocate appearing on behalf of the accused-appellants submits that he has no other ground to seek bail except the ground of long pretrial detention. It is pointed out that the accused persons have right to get justice within a reasonable time, otherwise the Court should not hesita......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......end a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....e-E), wherein the Rule 4(kha), provides that 25% of the constructed shop will be reserved for the Mayor of the Corporation, out of which 5% shops will be reserved for the freedom fighters and those persons who have distinguished contribution in respect of industry, literature and their profession....... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....al Hossain and Kamal Hossain fell down on the ground. Those friends, who were gossiping with Kamal, ran away for their safety. The informant also fled away from the place of occurrence. The accused persons after being satisfied that Kamal met his death, left towards the residence of Adel Shaheb i...... order passed by the learned Additional Sessions Judge need to be interfered. Learned Advocate further submits that the learned Judge failed to consider that prosecution through independent and disinterested witnesses has been able to prove the charge against the accused opposite parties includi......municate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....inst the judgment and order of conviction and sentence dated 10-9-2000 passed by the learned Additional Sessions Judge, First Court at Naogaon in Sessions Case No.18 of 1995 convicting the accused persons under section 304 part-I of the Penal Code and sentencing them to suffer rigorous imprison......wami, the learned Advocate for the appellants, refers the decision in the case of Korban Ali Vs. State reported in 11 BLT 267 and submits that the prosecution has withheld the independent and disinterested neighbouring witnesses and the benefit of such withholding of witnesses under section 11......from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....Gazi, 3) Sohel, 4) Rustom Gazi, 5) Kabir, 6) Faruque 7) Delowar Gazi, 8) Abul Kalam, 9) Kalam, Son of Eraf Ali, 10) Mostafa, 11) Yusuf, 12) Mizanur Hawlader and 13) Nasir along with 5/7 other unknown persons who lay in wait armed with ramdao, gachh Kata dao (tree taping dao) and other deadly weapons...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....enquiry officer examined the witnesses named in the petition of complaint at the time of enquiry. On the other hand from enquiry report it is evident that the enquiry officer examined some interested persons named 1. Md. Mokles, 2. Aslam, 3. Ruhul Amin and 4. Tajul Islam as neutral local witnesses a......ess or the enquiry officer examined the witnesses named in the petition of complaint at the time of enquiry. On the other hand from enquiry report it is evident that the enquiry officer examined some interested persons named 1. Md. Mokles, 2. Aslam, 3. Ruhul Amin and 4. Tajul Islam as neutral local ...... with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....e place of occurrence with separate index thereof and after completion of the investigation and having found a prima facie case, the investigating officer submitted charge sheet against the accused persons under sections 436/302/427/34 of the Penal Code. 5. After submission of the charge shee...... submits that there is no eye-witness for the occurrence and the prosecution could not bring home the charge against the two accused-appellants beyond reasonable doubt by competent, reliable and disinterested witnesses and prays that the impugned judgment and order of conviction and sentence is ...... Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25