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Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......s of his property. 7. It is further stated that the plaintiff's wife Mrs. Hosneara Begum was not aware of the fate of the appeal and she was recently informed about the fate of the appeal from his lawyer. Thereafter, she communicated the matter to the brother of the deceased Sk. Md. Tariqul Alam ..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......ndatory but the appellate Court may dispense it for the interest of justice and refusing admission only because copy of the judgment is not accompanied with the petition of appeal is also against the law. He further stated that the learned Sessions Judge has passed the impugned judgment and order in..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......er. It is only on the basis of inculpatory confessional statement made by the co-accused Pijush Kami Barua, the appellant has been convicted which cannot be the sole basis of conviction in the eye of law. The learned Counsel empathically submits that this is the settled principle of law and cites a ..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410....... and caused miscarriage without her consent resulting in her death by excessive bleeding on 8-7-2000 at 2-00 PM at the house of accused. Thereafter, the accused shifted the dead body to his father-in-law's house at village Niguari. Having heard of the incident PW 2 Rafiqul Islam rushed to the scene ..Category: Criminal Law | Date: | Hits: 55
.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405.......ian No. 19(Former), 16(Present) Dag No. 363 (Former), 646 (Present) Jote No. 293 (Former), 1532 (Present) total 71 decimals of land and why their acts should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400....... evidence on record properly and justifiably. The Learned Advocate for the opposite party No. 1 submits in response that this Court sitting in revisional jurisdiction in seeking to detect an error of law in the impugned judgment as claimed by the petitioner must not, inter alia, lose sight of the ne..Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......pondent No. 1) and the order dated 1-7-2002 passed by the Zonal Settlement Officer, Jessore Range, Jessore (respondent No. 2) should not be declared to have been made and passed illegally and without lawful authority and to be of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, m..Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......e. We find some basic loopholes in the judgment, which may be overlooked had the said judgment been delivered by an Assistant Sessions Judge. The judgment does not confirm the minimum requirements of law, which will be apparent on the following discussions. In this case the prosecution has examined ..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......e Vs. Mukbul Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prisoner. Md. Khalilur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Prisoners. AM Mahbub Uddin with Md. Yunus Ali Akond, Md. Kamruzza..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......d. In support of his contention he referred the case of Md. Sirajuddin Vs. Mahibunnesa and others reported in The Lawyers Volume I (AD) 136, wherein it is held: "It is an established principle of law that the prayer of amendment can be allowed at any stage of the proceeding in order to decide th..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......officer and he cannot be dispossessed from the disputed property since he has authority to arrest anyone and send him to jail and also prosecute him for committing cognisable offence or for violating law and order situation and the Magistrate is the custodian of the disputed property and the Officer..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ...... came to the scene of occurrence hearing hue and cry also managed to catch the petitioner. It is further alleged that the accused had stolen a private rickshaw belonging to the informant's brother-in-law and, as a result of their protest against the theft, the accused petitioner and others attacked ..Category: Criminal Law | Date: | Hits: 61
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ......etition of complaint/first information report does nut in any way bring the accused petitioner within the ambit of the penal provision or the allegation made in the petition of complaint is barred by law or if it is of the opinion of the Court that if the petition of complaint be allowed to continue..Category: Criminal Law | Date: | Hits: 46
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......h and clamed to be tried. 7. At the trial, the prosecution examined 13 witnesses to establish the charges against the accused-persons but the defence side examined none. However, the State defence lawyer engaged on behalf of the accused-persons availed the opportunity of cross-examining the prose..Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......as to why the impugned Judgment and order dated 17-9-2001 passed by the respondent No. 1 in Complaint Case No. 29 of 1996 (Annexure-C to the petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be p..Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......de Marks Appeal Nos. 51-52 of 2001, 11-12 of 2002 and 5 of 2004. Judgment Md. Abdul Wahhab Miah J. - In all these appeals the appellants being the same and similar facts and common questions of law being involved, have been heard together and are being disposed of by this single judgment. 2..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......r 1 (one) year more. 2. Briefly stated, the prosecution case is that on 13-5-1993, informant Sahar Ali (since dead) lodged an ejahar (first information report-shortly FIR) alleging that his son-in-law Nasir has been killed by the appellants on 12-5-1993 at around 5-00 PM on the bank of the Kha..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ...... petitioner moved this Court and obtained this Rule. 16. Mr. JN Deb on behalf of Mr. Mahbub Ali, the learned Advocate for the petitioner, submits that the appellate Court has committed an error of law in decreeing the saham of 1/3 rd share in the suit land to the plaintiff and also failed to cons..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......nding of the Court below is based on misreading of evidence and no consideration of evidence. He also submits that there was no substituted service upon the defendants of that suit in accordance with law. 5. Mr. Rafique-ul-Huq, the learned Advocate appearing for the respondents, on the other hand..Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....tan on 14 February 1962. It was amended in its application to East Pakistan by the Probation of Offenders (East Pakistan Amendment) Act, 1964 (Act No. X of 1964) with effect from 1st April 1964. The amending Act was repealed by the East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan......aleque are workers under the Dhaka Municipal Corporation and live in neighboring residential quarters. On 21-8-94 the petitioner had left an iron bed in front of the informant's door where her son-in-law brushed against it and got injured. The informant asked the petitioner to remove the bed, but he..Category: Criminal Law | Date: | Hits: 97
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