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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. ......rs, went to bamboo bush to make the goat drink water when accused Harun came, took her to a nearby sugarcane field by pressing her mouth and raped her against her will. Upon such information above PS case was started under section 9(1) of the Nari‑o-Shishu Nirjatan Daman Ain, 2000 and after invest..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....is manifested in testimonies of PW 36 and PW37 and discrepancies in respect of demand of Taka 5,00,000 or Taka 10,00,000, Taka 5,00,000 by PW36 and Taka 10,00,000 by PW37, cannot at all strike at the root of prosecution case and convict-appellant Abdus Sabur had been sufficiently identified and mark......shall be pictured as convict-appellants. Convicts Ayub Munshi neither presented any Jail appeal nor regular Criminal appeal and he will be known as convict Ayub Munshi. 6. Lifeblood of prosecution case programmed in First Information Report and unfurled during trial may succinctly be stated which..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. ......ed 18‑11‑1984 are all fraudulent, illegal, void, and not acted upon and binding upon them and also for partition for 2/5th share of the suit property. All the defendants jointly denied the plaint case by filing a written statement. 3. Then, on or about 3‑7‑2001 the plaintiffs made an appl..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. ...... The accuse-petitioner surrendered before the Court and was enlarged on bail. It is at this stage the accused-petitioner moved this Court and obtained the Rule in which all further proceedings of the case has been stayed. 3. The learned Advocate for the accused-petitioner submits that there is no..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. ......d Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice. 8. The learned Advocate for the petitioner submits farther that in the instant case the suit having been grossly undervalued in that the suit land covers an area of 5.48 acres of ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....atements are disfavoured by Courts. Minor embellishment, there may be, but variations by reason therefor should not render the evidence of witnesses unbelievable. Discrepancies which do not go to the root of the matter and shake the basic version of the witnesses they cannot be annexed with undue im......ative of victim's most cherished Fundamental Right that is Right to Life enshrined in Article 32 of The Constitution oil' the People's Republic of Bangladesh. 2. An intensely appalling nature of a case tabled by prosecution and accepted by Special Tribunal No. 8, Comilla, the same being commissio..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.......er period of six months. The learned Sessions Judge also convicted co-accused Alamgir under section 326 of the Penal Code but did not award him any separate sentence thereunder. 2. The prosecution case, in short, is that, at about 5-00 PM on 12-7-87 a duck belonging to co-accused Aziz Talukder ca..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.......ation Case No. 1518 of 1990 on certain false allegation and though the respondent No. 2 did not have 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 revi..
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. ...... rivalry and the alleged confession was obtained by physical torture and pressure meted out to the accused in police custody. The learned Advocate emphatically submits that since the informant of the case has submitted application for considering the bail of appellant he should be enlarged on bail. ..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. ......al Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are that the complainant Shashi Mohan Das filed a complaint case in the Court of Senior Special Judge, Sunamganj alleging that he and his brother Hari Mohan wer..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. ......ainant, he was not entitled to keep belongings of the complainant including the gift and ornaments, which were received at the time of marriage ceremony. So the complainant filed the instant criminal case under sections 323/324/506 of the Penal Code and also sought issuance of search warrant under s..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.
......celing lease and that dated 29‑10‑1994 granting lease of the suit plot in favour of defendant No.7 were both illegal, collusive, forged, mala fide and not binding upon the plaintiff.
3. Plaint case, in short, is that he got allotment of the suit plot measuring about 412.33 square yards by a l..
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. ......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 as forged. In support he cited the decisions in the case of Md. Zaker Sukani Vs. Mostanser and others, PLD 1961 Dhaka 71(s). 6. Opposing the Rule, an..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. ......‑6‑2000 in the Bangladesh Gazette dated 31‑8‑2000. The application was not maintainable without service of notice under section 169 of the Town Improvement Act, 1953. 10. In support of the case, the appellant examined eleven witnesses and adduced various papers, which were marked as exhib..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. ......a Khan filed Hajira. Then by order No. 123 of that day, the tribunal fixed for examination of the accused person under section 342 of the Code to examine that witness. 4. The facts relevant to the case, in brief, are as follows: Advocate Azizullah lodged an first information report with Kotwal..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. ...... register the complaint petition as a first information report in terms of section 156(3), Code of Criminal Procedure and held investigation accordingly. 4. On conclusion of investigation into the case police submitted charge‑sheet against the present accused-opposite party Nos.1‑9 for the of..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......No.1, Chandpur in Nari‑O‑Shishu Nirjatan Daman Case No. 24 of 2002 rejecting the application for recalling the prosecution witnesses under section 540 of the Code of Criminal Procedure. 2. The case of the prosecution is that, the appellants were being tried for the murder of one Bilkis Akhter..Category: Criminal Law | Date: | Hits: 48
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. ......e cancelled the licence violating the principle of natural justice without issuing a notice and even did not communicate the cancellation order with a view to implicating the petitioner in a criminal case for alleged illegal possession of the arms and ammunition and hence, he moved this Court and ob..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.
......ner Grameen Bank Karmachari Union is a Trade Union registered under the Industrial Relations Ordinance, 1969 briefly (IRO) on 10-3-91 bearing Registration No.B-1935.
3. Facts of the petitioner’s case, briefly stated, are:
(a) that respondent No.2, the Registrar of Trade Union filed an applic..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... 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. ......Badsha Alamgir, Additional Sessions Judge, Bogra under section 302 of the Penal Code in Sessions Case No. 193 of 1999 are heard and disposed of together by this single judgment. 2. The prosecution case, in brief, is that at about 5.00 PM on 28‑6‑1998 PW6 Rowshan Ara sent her eldest daughter J..Category: Criminal Law | Date: | Hits: 54
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