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Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......ereon fully described in the schedule to the plaint. 3. Plaint case, in short, is that one Tamej Sheikh was owner in possession of 3 decimals of land including the suit land, which was accordingly record in his name in CS Khatian No. 315. Tamej Sheikh transferred said land to Nandalal Das and Bat......d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......ssary to obtain further evidence by questioning) detained for questioning. That detention may be for up to six hours in the first place and there are procedures for renewals. The custody officer must record these and other decisions on a custody sheet and the suspect must be informed of the right to......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......n Ain, 2000 and after investigation charge‑sheet was submitted against accused Harun as sole accused under sections 7/9(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000. 3. Subsequently, record was sent to Nari‑o-Shishu Tribunal Adalat, Rajshahi wherein it was registered as Nari‑o......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......f Khodeja Begurn, wife of Ershad Ali Sikder, PW24 Dr. Sayed Mahabub Hafiz, Assistant Professor, Forensic Medicine, Khulna Medical College Hospital who examined eighty‑seven (87) pieces of bones and recorded opinion that out of twenty‑six (26) bones there was one human bone, PW35 Md Sabir Ahmed, ......kder killed Fatik for his maintenance of illicit connection with his wife Khodeja Begum and murder was cold‑blooded. 10. Sustainability of conviction and sentence has been assailed pressing into service the contention from side of condemned prisoners and convict-appellant ldris Jamai that convi..Category: Criminal Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......e petition of complaint does not disclose any offence against the accused-petitioner and the allegations are preposterous. In such view of the facts and circumstances of the case and the materials on record, we find no merit in this Rule for quashing the proceeding of CR No. 5149 of 1999 under secti......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......ite parties as plaintiffs instituted Title Suit No. 146 of 2000 before the Assistant Judge. Additional Court No.1, Dhaka seeking a decree for declaration of title, cancellation of deed, connection of record of right, recovery of khas possession and for permanent injunction, impleading the petitioner......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....Anukul Chandra Achariya and Sandha Ram, mother of accused‑appellant, called on Prosecutrix to serve dinner of accused-appellant in his room situated in northern portion of the house. Prosecutrix in good faith went to the room of accused‑appellant. Accused‑appellant caught hold of prosecutrix a......a took her to his house. Accused‑appellant Shibu Pada cohabited with her and as a result she conceived. Arbitration had been held. Accused Shibu Pada was fixed as the culprit. A decision had been recorded. Accused Dr Anukul Chandra Achariya did not agree to the decision. Rama Rani Achariya and h...... us. 4. A bird's view of prosecution case as programmed in First Information Report and sprouted during trial may be taken heed of. Father of prosecutrix Ratna Rani Achariya in connection with his service went to Oman and kept Prosecutrix under care and custody of Dr. Anukul Chandra Achariya, fat..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......r caught hold of the hand of Mobfer while he was being assaulted by accused Alamgir. She fully withstood the test of lengthy cross-examination and remained totally unshaken. I do not find anything on record to disbelieve her evidence. 16. PW 7 Jobeda Khatun, wife of Surat Ali, is also an eye-witn......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...Category: Criminal Law | Date: | Hits: 52
....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183.......e they are holding and possessing the said land. It has been also stated that since the petitioner and his brother were residing in the United Kingdom they could not mutate their names in the revenue records earlier and subsequently they mutated their names in respect of the aforesaid purchased land......passed an order on 18-9-1993 for issuance of notice upon the parties. The petitioner further asserted that although no notice was served upon him, the process server filed an incorrect report showing service return and on 25-9-1993 one Mastafar Ali filed an application praying for adjournment on beh..
Category: Property Law | Date: | Hits: 172
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......ovision. In support of this contention the learned Advocate for the opposite party No. 1 has referred to case decision reported in 53 DLR 19 and 55 DLR (AD) 125. 6. We have considered the case records along with the documents annexed thereto and submissions of the learned Advocates appearing ......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ure. Even if it is conceded that the Facts disclosed in the complaint are true and the properties of the complainant are wrongfully retained by the accused‑petitioner in his house, recovery of such goods by issuing search warrant is not at all contemplated under section 98 of the Code of Criminal ...... with law. But the learned Assistant Attorney-General opposes the prayer of quashment of the entire proceedings where other allegations under the Penal Code are available, 7. On perusal of the record, it is clearly evident that the petition of complaint does not contain any allegation calling......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..Category: Criminal Law | Date: | Hits: 49
.....
42. So, before cancellation of the lease of the plaintiff decision was already taken to give the land to the defendant No.7 as submitted by Mr. Hashnat Quayum. When any action was actuated by no good faith that must be held to be mala fide.
43. In the circumstances, cancellation of the lease......of interested quarter including defendant No.7 and learned Subordinate Judge failed to consider question of cancellation of the lease in the facts and circumstances of the case and on the evidence on record. In support, he cited Sati Prasanna Mukherjee and others Vs. Md Fazel, AIR 1952 Cal 320.
1...... erections, etc.
19. It appears that defendant No.4 issued a notice dated 11‑9‑1993 asking the plaintiff to show cause within 7 days as to why the lease would not be cancelled after 30 days of service of the notice as per terms 16(1) and 42. In the notice, it was claimed that within 2 years o..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......Atahar Ali Howlader and others 8 BLC (AD) 67. 5. He further submits that learned Subordinate Judge was wrong to reject the application on the basis of laches and negligence. He took us through the record and submits that on 29‑9‑93 defendant No.1 submitted written statement. In paragraph 9 of......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......t has got no basis. 18. He cited Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652 and Abdul Gafur Khan Vs. Bangladesh, 42 DLR (AD) 99. 19. We have perused the record as placed before us. 20. Only issue facing us is, whether or not the learned Arbitrator wa...... (Emergency) Requisition of Property Act, 1948 was served on 18‑1‑66 and that under section 7(aa) of the (Emergency) Requisition of Property Act, 1948 served on 22‑10‑2000. In accordance with service of the notice under section 5(la), the price of land was determined at Taka 10,500 per acre ..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......after examination of 13 prosecution witnesses. 13. From the petition filed under section 540 of the Code of Criminal Procedure (Annexure 1) it appears that Metropolitan Magistrate Jahanara Parveen recorded the statement of witness Md Mahbubul Haq on 31‑1‑96 and Dr. Rehana Khan identified vict......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......ubmitted FRT in respect of the remaining accused recommending their discharge. Offence under sections 326 and 307 being triable by the District Magistrate or by an Additional District Magistrate, the record of the case came up for disposal before the learned Additional District Magistrate, Pirojpur ......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......lean hands is not entitled to any equitable relief in this Rule. He then submits that the grievances made by the petitioner as to non communication of reasons for cancellation of the licence, non‑recording of reasons by the authority in the impugned order and omission to record that it was deeme....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......e-F to the writ petition were made without lawful authority and those were of no legal effect.
In the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....e Penal Code, does not show that the death was caused by the condemned prisoner with the intention of causing death to Jannati but to commit rape on her but she incidentally, died. We find there is a good deal of force in it. We have closely scrutinised and analytically examined the confessional sta......e also conducted the inquest on the dead body of Jannati and thereafter sent the dead body to the morgue for post mortem examination. This witness, PW9 Amjad Hossain, also investigated into the case, recorded the statements of witnesses and submitted the charge-sheet on 31‑12‑1998 against the ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......ule arises out of an interlocutory order and further proceedings of the Suit have remained stayed for a long time. I feel inclined to take it up for disposal on merit on the basis of the materials on record. 10. I have carefully gone through the impugned order as well as other materials on record...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
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