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Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....y are not entitled to any relief sought for. 4. The writ‑petitioners thereafter, filed affidavit‑in‑reply denying the assertions in the affidavit‑ in‑ opposition while reiterating the statements made in the writ petition. 5. Leave was granted in this appeal to consider the grou......ation in Canada on 28‑11‑88. After making the deed to the heirs Dr. Mahmood Hasan died on 25‑12‑1970 in Karachi, Pakistan. The American Embassy which was a tenant in the house used to deposit rents in the joint SB Account of both the sisters in American Express International Banking Corporat..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
.... May 12, 2003. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the case is at the investigation stage, legality or admissibility of statements of witnesses made under section 161 of the Code or judicial confession made under sectio......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....nable and genuine expectation that the Government of the functionaries and Statutory Corporations are expected to act with fairness and consistency its dealings with the employees and to honour their statements of policy or intention and in the instant case the Corporation has created the legitimate......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ...... known as Medical Gate Road) in Kotwali Police Station, Mymensingh in compliance with the judgment and order of the Court of Settlement dated December 10, 1999 in Case No. 1019 of 1982 and to pay the rents actually received with 20% interest per annum since the date of unauthorised occupation of the..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....dice matter to the prejudice of the petitioner actually constituted an obstruction to justice. 3. The said case was contested by the BSRS by filling written objection denying the statements made in the petition stating that she was never absorbed as the Librarian under BSRS whic...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....nt is charged with cause us to ponder, whether the permission from the Magistrate under section 155(2) of the Code of Criminal Procedure, should have been taken to investigate the case and record the statements of different persons under section 161 of the Code of Criminal Procedure, before submitti......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ment in the written statement is opposed to the actual alleged transfer of share, dated 31‑12‑1986 in favour of Managing Director's wife and son and, as such, not true in order to rely upon those statements. PW 1 stated that those were filed by the Managing Director on their behalf as he used to......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....e scene of the said occurrence, prepared sketch map with separate index, seized alamats by preparing seizure list, produced the victim before Medical Officer for holding medical examination, recorded statements of the prosecution witnesses under section 161 of the Criminal Procedure Code and finally......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....‘1998 passed by the Special Tribunal in framing charge against the accused appellants since a prima facie case has been made out against them as appears from first information report, charge-sheet, statements of witnesses under sections 161 and 164 of the Code of Criminal Procedure and other mate......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
.... the decisions passed in the said Criminal Miscellaneous Case No. 521 of 2002. 6. The Rule has been contested by the opposite party, namely, the State, by filing counter-affidavit making various statements but the relevant statements necessary for the disposal of the present Rule are that as pe......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....perty as evacuee/enemy property is illegal, without jurisdiction and not binding upon them. 14. Although 4 sets of defendants i.e. defendant Nos. 1, 5, 6 and 7‑12, filed separate written statements but finally, the suit was contested by the defendant Nos. 1 (respondent No. 5 herein) an......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....ffidavit was filed on behalf of the respondent-company on 6th November, 2001, followed by another supplementary affidavit on 12th February, 2002. The true copies of the auditor's report and financial statements of the respondent-company for the years 1996 to 1999 are enclosed with the affidavit date...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....stated that while the victim was being assaulted, he along with his wife was inside the house but the statement of P.W.2 was not corroborated by P.W.4 and P.W.8 rather each of them gave contradictory statements. The contradiction in the evidence of the prosecution witnesses casts a serious doubt in ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....ment". 6. Prosecution case is that the appellant No. 3 along with 6(six) others have executed and registered two Muktipatra in favour of appellant Nos. 1 and 2 and another making, statements therein that the property, which they earlier took lease as vested property is the ances......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....kabala dated 16Â3‑85 and have been peacefully possessing the suit land. The defendant‑petitioners have been threatening to dispossess them from the suit land. The defendants in the written statements stated that the suit land belonged to Jadob Chandra Roy who purchased the same in the ben......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ey eventually appeared before the Court and in due course submitted two affidavits-in-opposition; one by the editor and the other by the reporter. On 27-11-2000, after considering the contents of the statements of Mr Justice Naimuddin Ahmed, we felt it necessary that we should also issue a Rule upon......shortcomings, limitations or imperfection in his work. The society at large is interested in the administration of public justice because in the words of Benjamin Cardozo, 'the great tides and currents which engulf the rest of men do not turn aside in their course and pass the Judges by'. Su..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....dical certificate. 20. PW 8 SI Md. Akkas Ali stated that on 12‑5Â-1997 he was serving in the Rajoir Police Station and he investigated the case, visited the place of occurrence and recorded statements of witnesses under section 161 Cr.P.C. and collected medical certificate from Madaripur S......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... confronted with the facts available in the statement to test veracity of her testimony and ascertain actual true version of the witness which she wanted to say before the Court. Due to the aforesaid statements in SS the entire contents of the 164 statement can not be taken as evidence of DW1. 24......rous imprisonment for another term of 4(four) months by the same judgment. 2. The prosecution case, in brief, is that the victim Salma Akhter, aged about 12 (twelve) years, used to reside in her parents’ house at village Toukata under Nalcity Police Station, Jhalakati. The accused Parul Begum i..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....s are their monthly tenants. After receipt of the above notice the plaintiffs were constrained to institute the suit. 4. Defendant Nos. 1 and 10 contested the suit by filing two separate written statements. Case of the defendant No. 1, in brief, is that both RS record and SA record of rights we...... 7-7-57. At the time, Hafizur Rahman alias Habu Khalifa was a tenant in a portion of the suit land. Habib Box and Nabijan Miah got their names mutated on 20-6-75 and possessed the suit land by paying rents and municipal and other taxes. In Title Suit No. 253 of 1981 for partition, Nabijan Miah got 0..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ......ecord came to the findings that the plaintiffs failed to prove their alleged title to and possession of the suit land and that the defendants are in peaceful possession of the suit land on payment of rents. The court of appeal below further found that there was surrender of the under‑tenancy i..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80