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Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
.... of section 90 of the Evidence Act. 9. Mr. Md. Nurul Amin, further submits that the finding of the trial Court on the point of limitation is totally perverse inasmuch as the plaintiffs suit is for simple declaration of title and the proposition of law is well settled that the limitation will star......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..Category: Property Law | Date: | Hits: 146
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ...... a witness in the case out of fear of torture. 14. P.W. 20, Dr. Nuruzzaman Haque who held the post mortem examination of the deceased stated in his examination in chief that he found the following injuries: "(1) Two penetrating wound each of them is 1" x 2" x chest cavity deep on the middle pa..Category: Criminal Law | Date: | Hits: 80
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....hat the question of granting administrative approval for construction of the new Complex Bhaban on the old site at Jogandronagar by the Government is a question of administrative discretion, pure and simple and the Court can not interfere therewith particularly when the administrative approval is pr......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..Category: Administrative Law | Date: | Hits: 261
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....he proceeding is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be i...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....e trial Court and also dismissed the whole suit of the plaintiff by the impugned Judgment and decree. Therefore, the wife is the present petitioner before this Court. 4. Facts of this case is very simple. It is that after marriage the relationship of the husband and wife was blissful and the marr......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ..Category: Family Law | Date: | Hits: 122
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......d there and at that time he saw accused Mizazul Islam @ Dablu and another person were running away from their house after scaling the wall. He entered into the room and found his mother with grievous injuries with which she died immediately thereafter. The informant found one pair of plastic sandal ..Category: Criminal Law | Date: | Hits: 83
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....ears of rigorous imprisonment under section 23 of the Foreign Exchange Regulation Act, 1947 and imposing fine of taka 10,000 (Taka ten thousand) in default of which to suffer further 3 (three) months simple imprisonment and confiscating the foreign currency in favour of the state should not be quash......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Criminal Law | Date: | Hits: 109
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....un concurrently. 31. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 31. ......appellant Ful Mia. The local people along with the police personnel subsequently arrested the accused Ful Mia and Shahidul Haque and the local people also assaulted them causing swelling and bleeding injuries. The police recovered one 8" country made pistol containing one round bullet in its chamber..Category: Criminal Law | Date: | Hits: 79
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....tary Tribunal No. 1 wasthe mechanism by which the assassination was accomplished.Perhaps, Joya Taher’s view is closest to the mark. Syed Badrul Ahsan, has called the Taher case “murderpure and simple”. In an article published in July 2006, Ahsanwrites, “When he [Lifschultz] speaks of Colo......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
...., as per clause (a) of the proviso to section 200(1) is not bound to examine the complainant on oath or his witnesses, before transferring the case under section 192 (to another Court). The reason is simple, namely unlike an oral complaint, the Court has before it a written document to consider and ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....wer and/or overawe any tax payer. Invoking and/or resorting to section 37 while issuing a notice under section 55(1) of the VAT Act therefore, could not be said to have been issued bonafide for the simple reason that at the time of issue of the notice, the authority concerned had not yet arrived a......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ...... 9-00 A.M. went to his work place i.e. shop and at 3-15 he along with Muzibur Rahman on a Rickshaw reached the incident Building and on his way to his room there had been an explosion and he suffered injuries on different parts of his body. b. He was not aware how and by whom explosion episode to..Category: Criminal Law | Date: | Hits: 83
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....would endanger life or would be likely to cause death and which is normal conditions would not do so notwithstanding death being caused, that the offence will not be culpable homicide but grievous or simple hurt. Every such case depends upon the existence of abnormal conditions unknown to the person......ars from the FIR that there was dispute regarding a mashzid between the parties and the victim Wahed went to settle the matter when the accused Bikul striked on his head with a strict causing serious injuries whereby he died. 12. It is to be decided whether the act of the victim fall under culpab..Category: Criminal Law | Date: | Hits: 66
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......cused Mesbahuddin, Arzan and Fazlul Huq had committed the dacoity being armed with deadly weapons and in course of such commission of dacoity they fired at one Tajul who subsequently succumbed to his injuries. It is also the case of the prosecution that P.W.7 Kabiluddin had also sustained injuries b..Category: Criminal Law | Date: | Hits: 75
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......tentions put forward from both sides shall also be addressed and considered by us. 37. The charge against the seven accused appellants is that they conjointly murdered the victim Aslam causing him injuries. 38. On the other hand, the defence case is that the accused is quite innocent; that the..Category: Criminal Law | Date: | Hits: 153
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ted that on 3.1.1994 at 4.00 p.m. constable Shashanko Sarkar brought the dead body of victim Rafiqul Islam and he held the post mortem examination of the dead body at Tangail Sadar Hospital and found injuries and recorded his opinion as follows: “1) Body was partly decomposed. 2) Bloody d..Category: Criminal Law | Date: | Hits: 170
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......al feud. They assaulted the inmates by different weapons. Accused No.2 Masud ordered to kill informant, while accused No.1 Bela alias Bala dealt chenny blow pointing her head causing profuse bleeding injuries, who also caused injuries upon her right hand fingers. Accused No.3 Nurnabi also assaulted ..Category: Criminal Law | Date: | Hits: 95
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......te as per the dictation of the police. 30. P.W.10, Dr. Mir Hamdey Sham, who deposed in support of his post mortem report and opined that death was caused due to hemorrhage and shock as a result of injuries mentioned in the report which are ante-mortem and homicidal in nature. 31. P.W.11, SI Is..Category: Criminal Law | Date: | Hits: 74
....ion. Thus the present suit is barred by the principle of res judicata.
26. It is decided by upto the High Court Division that the plaintiffs have no possession in the suit land. So the plaintiffs' simple suit for declaration without any consequential relief is not ex-facie maintainable.
27. We...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
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Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ince P.Ws. 2 and 3 admitted the possession of the defendant in the suit land the plaintiff ought to have sought for recovery of khas possession as consequential relief. But the plaintiff instituted a simple suit for declaration of title which is not maintainable and hit by Section 42 of the Specific......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
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