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Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... SM Aminul Islam, the learned Assistant Attorney-General appearing for the State, opposes the appeal and supports the impugned judgment. The learned Assistant Attorney-General further submits that in view of the fact the prosecutrix has successfully proved the case of rape and her evidence has been ..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......to an order made under the Code and it has been stated in paragraph 5 to the effect that: "It is well known that this Court has, in a number of cases, followed this practice. Moreover, I am of the view that the direction prohibiting the arrest for very limited period, for the purposes, as are men..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
.... failed to produce any notification of final Compensation Assessment-roll vesting the suit land in the government. In the circumstances, impugned judgment of the appellate Court must be held to be erroneous both on facts as well as in law and therefore, cannot be sustained. 24. In the result, ......ove that the suit land ever vested in the government. 9. On appeal therefrom, the appellate Court however held that the suit land was 'Chandina' and lawfully vested in the government and upon such view, allowed the, appeal, set aside the decree of the trial Court and dismissed the suit by impugne..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. ......prayer by the authority and sometimes they are remanded to the custody of the police under the orders of Magistrate under section 167 of the Code and they are subjected to third degree methods with a view to extracting confessions. This is what is termed by the Supreme Court of India as "state terro..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......h indicates that all the provisions of the Code of Civil Procedure have not been made available to the election tribunal and the power of superintendence remains with the election commission. In that view of the matter it appears that a decision passed by the election tribunal is not amenable to the..Category: Election Law | Date: | Hits: 79
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. ......ion report against accused that he forcibly raped the victim girl of 14 years of age of the informant. Therefore, according to him, this appeal must fail when prayer for bail was rejected on merit in view of specific overt act against the accused appellant in the record. 8. We have perused th..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. ......ct condemned prisoners Liaquat Lashkar and Jamai Farooq and convict-appellant Idris Jamai. It is posited here that simply on the basis of a solitary testimony of approver PW6, whose evidence can be viewed as an evidence o traitor, condemned prisoners Liaquat Lashkar and Jamai Farooq and convict‑..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......pplication, learned Advocate of plaintiff Nos. 1 to 4 did not press the application on their behalf. On consideration of the application and the objection, the learned Joint District Judge was of the view that the suit was for partition and the decision in which might take time; that the question of..Category: Property 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. ......pposite party No. 2 complainant and that he will not make any 'তাল বাহানা বা তঞ্চকত" for honouring the cheque for payment of the money which will become due. In such view of the fact and the stipulations as contained in the agreement/contract, it cannot be said that..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. ......behalf of the plaintiff having been examined at that stage, the instant application as per Annexure 'C' was filed and therefore the trial Court was justified in passing the impugned order holding the view that it was a belated one and in that view of the matter, the learned Assistant Judge did not c..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......inal appeal. 3. The girl who is victim of rape crime and prosecutrix is Ratna Rani Achariya and the boy depicted as rapist is Shibu Pada Achariya who is accused-appellant before us. 4. A bird's view of prosecution case as programmed in First Information Report and sprouted during trial may be ..Category: Criminal Law | Date: | Hits: 64
....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.......ve the jurisdiction to entertain such application, who became functus officio after allowing Mutation case and relief against the said order is available before the Assistant Commissioner by way of review or by an appeal to the Appellate Authority, entertained the said application of Alkas Mia and s..
Category: Property Law | Date: | Hits: 172
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......, therefore, of the opinion that application filed by the informant praying for considering the bail of the accused is of no consequence in law in granting or refusing, the prayer for bail. In view of the nature of allegations we are not inclined to grant bail to the appellant. In the ..Category: Criminal Law | Date: | Hits: 43
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. ......, the enquiry report lacks finality and authoritativeness of a Court as the revenue officers do not possess the power to decide the right, title and interest of the parties. In the light of aforesaid view taken by the Appellate Division, we hold that since the alleged forged document was produced be..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....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. ......ed 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 Procedure. So, we are led to hold the view that initiation of the isolated proceedings under section 98 of the Code of Criminal Procedure ..Category: Criminal Law | Date: | Hits: 49
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......tted that plaintiff proved the existence of a running factory on the suit plot which was also admitted by the evidence of the defendants, but learned Subordinate Judge dismissed the suit on the wrong view of the matter that plaintiff failed to establish an industry on the suit Plot.
12. He read s..
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. ......tement it was categorically stated that said rent receipts were forged, collusive and procured. Then, the plaintiffs submitted the rent receipts only in 1999 in order to adduce them into evidence. In view of section 103 of the Evidence Act, it was incumbent upon the petitioners to prove the receipts..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. ......y given on 9‑10-2000. They hurriedly assessed price of the land at the rate of 35 years ago. A notice finally acquiring the land was published on 31‑8‑2000 in the Bangladesh Gazette. 6. In view of omission of section 93A of the Town Improvement Act, 1953, the appellant prayed for compensa..Category: Property Law | Date: | Hits: 77
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. ......he petitioner's case. Even a party being unsuccessful in a revision before the Sessions Judge may invoke the jurisdiction of this Court under section 561A of the Code of Criminal Procedure. 13. In view of our findings above we hold that the learned Additional District Magistrate discharged the ac..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....nal Judge without considering those essential aspects of the matter rejected the application under section 540 of the Code of Criminal Procedure vide the impugned order dated 6‑10‑2003 holding an erroneous view that after examination of 15 prosecution witnesses and closure of the prosecution evi......without considering those essential aspects of the matter rejected the application under section 540 of the Code of Criminal Procedure vide the impugned order dated 6‑10‑2003 holding an erroneous view that after examination of 15 prosecution witnesses and closure of the prosecution evidence and ..Category: Criminal Law | Date: | Hits: 48
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