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Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ulars by other evidence, at best it can be used against the maker. We find substance in the above submissions of the learned Counsel and hold that the learned Judge while convicting the appellant has totally based his decision on the confessional statement of the co-accused Pijush Barua and committe......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.......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...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.......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.......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...Category: Criminal Law | Date: | Hits: 55
....on/ToujiU2, JL No. 566 (former), 81 (present) Mouza and Parganah- Palashbari Kashimpur SA Khatian 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......aying Government land development tax and possessing the same since purchase. The petitioner is a businessman having business both in Bangladesh and Saudi Arabia and taking advantage of his temporary absence from this country the respondents set up a pole almost in the middle of the petitioner's plo...... 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...
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.......ment reported in 1 BLC 138 to the effect that because of the mere fact of ability to sign his name, the executor of a deed by affixing an LTI does not contribute to the invalidity of that deed in the absence of any positive evidence to that effect. It is against this backdrop that the lower appellat......e Lower Appellate Court failed to evaluate the 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 petitio..Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....s no case that the petitioner procured the appellate judgment by fraud. Thus, the impugned order passed by the Director of Land Records marked Annexure-C, under Rule 42A of the Tenancy Rules, 1955 is totally illegal and without jurisdiction. Mr. Islam lastly submits that the Director of Land Records......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.......cer, Jessore allowing the appeals of the petitioner and accordingly, the aforesaid DP Khatian No. 975 was made. Thereafter, on the approach of the respondent No. 4, respondent No. 1, in excess of the jurisdiction vested in him by law, passed an illegal order on 10-7-2001 directing the respondent No...Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....d his desire to plead guilty on 26- 8-2001. The learned Sessions Judge accordingly, recorded his statement on that day and on the basis of his plea, he convicted the appellant, as above. 4. We are totally disappointed on perusal of the judgment of the learned Sessions Judge. We find some basic lo......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.......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...Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....r Vs. The State 1984 BLD (AD) 193, it is held that as against a co-accused, the evidentiary value of a retracted confession is practically nil and in the absence of strong independent evidence, it is totally useless. 82. The principle enunciated in the cases referred to above is applicable in the......ns. 81. In the case of Amir Hossain Howlader Vs. The State 1984 BLD (AD) 193, it is held that as against a co-accused, the evidentiary value of a retracted confession is practically nil and in the absence of strong independent evidence, it is totally useless. 82. The principle enunciated in th......case at best section 304A of the Penal Code might apply. (2) No liability was fixed on either of the parties for causing the death and, as such, the conviction and sentence was illegal and without jurisdiction. (3) The principal offender responsible for the death of the deceased could not be i..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. ......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. ......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. ..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.......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.......ditional Sessions Judge. Chittagong and directed to hand over possession to the 2nd party without any evidence and without determining as to who was in possession and in exercise of power of inherent jurisdiction the High Court Division stayed the said illegal order passed by the Additional Sessions..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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 61
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
....documents for 100 metric tons of rice under second LC reached to the complainant Bank on 17-12-1998 and they paid the imported goods value to the exporter and in this way the complainant Bank paid in total, Taka 25,10,573.50 to the exporters against two LCs in the name of accused petitioner. But lat...... 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. ...... 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. ..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.......ringing a knife with him and he had previous intention to kill him as he was aware of the fact that the deceased had developed an illicit relationship with his wife. Taking advantage of his temporary absence in the house during evening hours, the neighboring accused used to cohabit with his wife and...... 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...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.......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.......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...Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....ed by the Deputy Registrar in taking notice of the same. 20. Mr. Gazi Niamat Hossain, appearing in support of Trade Marks Appeal Nos. 11 of 2002 and 12 of 2002, submitted that the Deputy Registrar totally failed to consider the evidence adduced by the applicant-appellant in support of his legitim......newed. We do not find any illegality in these findings of the Deputy Registrar as the appellant would not get any benefit whatsoever by removing the trade mark from the Register of Trade Marks in the absence of registration of the trade mark in his name. We also find substance in the submission of t......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...Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
.... two eye-witnesses. According to PW 6, though Ali Hossain was present with lathi, he did not assault the victim. PW 6 is also silent about Ali Hossain's participation in any other form. Again PW 6 is totally silent about the presence or participation of convict appellant Anwara and also about Waliur......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.......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...Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....xhibit Umo and Umo (1) which do not prove the defendant No.1's claim that Babu Ram Singh has gifted 60 acres of land in plot No. 1675 to his wife. It is further submitted that the appellate Court was totally confused in giving importance regarding transfer of 30 acres of land by Babu Ram Singh in fa......ted that the defendant No. 1 has failed to prove his claim that Babu Ram Singh gifted 0.60 acres of land in plot No. 1675 in favour of his wife Lakshmi Rani by deed of gift dated 8-12-1961 and in the absence of any rectification deed and also in view of the plaintiff's challenge about the alleged de......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. ..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.......sappearance of the records unless inquiry is done and the culprit is brought to took. In such circumstances, not useful purpose will be served by sending the case back on remand to the trial Court in absence of the records. Moreover, we are satisfied that the plaintiffs proved their address to be di......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...Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......the extent of the injury. For the offence under section 324 to be proved it would have to be shown that the piece of wood was of such a size and weight that it could cause death of the victim. In the absence of such evidence, the offence under section 324 of the Penal Code is not proved. However, co......ot pass a probation order under this section unless it is satisfied that the offender or one of his sureties, if any, has a fixed place of abode or a regular occupation within the local limits of its jurisdiction and is likely to continue in such place of abode or such occupation, during the period ..Category: Criminal Law | Date: | Hits: 97
.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343....... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......Administrative Tribunal.
11. As against this, Mr. Khondaker Mahbubuddin Ahmed, the learned Advocate for the petitioner, assisted by Mr. Nesar Ahmed, submits that the High Court Division can assume jurisdiction on any matter under Article 102(1)(2) of the Constitution if the said right is not barr..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....as further argued that if the aggrieved person like the present opposite party No.2 is debarred from preferring an appeal against such an inadequate sentence the provision of section 417 A(2) will be totally frustrated because in reality the learned Magistrate will get no logistic support to prefer ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
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