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Anisuzzaman Vs. State, 1990, 19 CLC (HCD)

.... application took them in custody from the Magistrate and submitted the charge sheet under section 379 of the Penal Code read with section 16 of the Special Powers Act, 1974. He also corroborated the statements of the other P.Ws. regarding identity of the motors and said that those were identified b......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..

Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

....hat time he found Uma Rani outside the house. He thought that Uma Rani also came out of the house to answer the call of nature. In the morning he came to know that Nawshed took away Uma Rani. He made statements under section 161 Cr.P.C to the police. He did not state to the I.O. that Uma Rani went a......n with a written F.I.R. as his father went to Bhuapur with other people to search his sis­ter. About 25 days after the occurrence Uma Rani and Nawshed were arrested. He was the second issue of his parents and Uma Rani was the 5th issue. At the time of occurrence she was about 12/13 years old. In cr..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)

....dent for the release of a detenu, as far as the jail authority is concerned." 13. Since there is a complete failure to obey the orders of the Court even according to the contemners' own statements and since the delay in imple­menting the Court's advance order of release cannot ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ..

Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as pos­sible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......6.6.89. Defendant No.1 opposite party A.K. Murshed enter­ing into occupation of the premises of the suit land as an ordinary ejectable monthly tenant under Shoro­jini Bala Dutta, paid monthly rents to her. The de­fendant No.1 continued his occupation in the suit lands as usual during the..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

.... of investigation the police arrested accused Hazrat Ali, who was in the thana custody since 20.10.82 in connection with the motor accident case No.17 of 1982 dated 17.10.82. The accused made certain statements to the Investigating officer on the basis of which the police along with accused Hazrat A......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)

....s been men­tioned above, it is difficult for us to say that there was any such specific plea cither in the plaint or at the trial stage regarding adverse possession. We will refer here below to some statements of the law on adverse possession from Rustomji's well-known book on Limitation, page 610 ......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...

Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....rst instance does so the appellate court has to remand the case for hearing if contested issues call for one or more points on facts. But where the facts are not disputed and the actions or omission, statements, documents etc. relevant for the disposal of the case are admitted the appellate court ma......is satisfied that the accused will indulge in preju­dicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......70 at Anowara Upzilla. Thus the petitioner got the entire right in the 8.23 acre of lands which she had been possessing all through by living in Bang­ladesh and erstwhile East Pakistan and by paying rents up to 1389 B.S. But after that her offer of rents for 1390 B.S. was not accep­ted on behalf o..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....eration of this judg­ment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. .......S. and that would be on 02.03.1983 but the petitioner paid rent for 1391 B.S. on 03.12.19684 and again for 1392 B.S. rent need to have been paid in 15th Falgoon, 1391 BS being 02.03.1984 A.D. but no rents were paid even on 15.05.1985 when the lease was cancelled. It has been submitted by the learne..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)

....n as contained in paragraphs 3 sad 4 of the complaint petition there is an apparent disclosure of an offence of cheating. But in order to assess the complaint petition properly the other parts of the statements in the same complaint petition shall have also to be taken notice of. In paragraph 2 of t......li­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105.         ..

Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1

Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)

....of accused Mohammad Hossain recorded under section 164 Cr.P.C. by the Magistrate on 11.11.83 after more than two months of the occurrence. It is also not understood why the I.O. P.W.1 did not get the statements of the neighbours, who seem to have seen the occurrence, recorded by the Magistrate un&sh......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ..

Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....the Commissioner was unauthorised inasmuch as the writ was not issued to ascertain the area of CS Plot No. 181 by superimposition process with reference to the RS Plot No. 99 and Plot No. 128 and the statements in the report that the CS Plot No. 181 cover an area of 0.04394 acres of RS Plot No. 99 a......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

....h are not triable by the Speci­al Tribunal under the Special Powers Act, 1974) while the Sessions Judge ordered as follows: "Heard learned Advocate or both sides. Perused the record and statements u/s. 161 Cr.P.C. It appears that a gun was used while committing the offence. As such the...... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)

....s his sister, P.W.4 Hameda Khatoon was his wife and P.W.5 Abdul Mannan was his sister's husband. All these persons were the inmates of the house. Of them the informant P.W.1, according to his own statements, just after hearing the sound of footsteps of some outsiders fled away from the house and......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ..

Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... Abdul Awal, Bench Clerk (Criminal), Naba Kumar Mahanto, Court police, Abul Kalam Azad, Process Server and the litigant public with intent to annoy insult and humiliate him. He reiterated his earlier statements made in his memo dated 28.12.83 addressed to the learned District & Sessions Judge, R...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

....red in the Sessions Court, it proves itself under section 80 of the Evidence Act without calling the Magistrate who recorded it. The Court shall presume (a) that the document is genuine, (b) that any statements as to the circumstances under which it was taken, purporting to be made by the person sig......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ..

Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4

Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)

....licated herself in the murder in question. If believed to be true and voluntary, that confession alone can form the sole basis of her own conviction. 9. Mr. Azizul Haque has next referred to the statements of appellant Zaheda Begum under section 342 Cr.P.C. wherein she has complained of an ille....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ..

Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6

Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)

.... informant Yakub Ali also rushed there. The injured Shantu was then taken to Al-haj Textile Mill in a Transport sent from the mill. There he was given first aid by Dr. Abdul Mannan who also got dying statements of Shantu recorded in presence of the witnesses. Shantu was removed to Pabna Hospital and......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245   ..

Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1

Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)

....d circumstances of the case which may be noticed in passing. The suit was filed on 31.8.1978 and the written statement was filed on 12.1.79 and by 1979 and 1980 other defendants also filed written statements. P.W. 1 was examined on 21.4.81 and his cross examination was over on 29.4.81. Thereafte...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32...

Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199

Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)

....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79.     ......the said landlords by amalnamas and from them the plaintiffs purchased the said lands by 9 kabalas. Since their purchases the plaintiffs have been in possession of the said land on regular payment of rents by setting up a milk producing Co­operative Society and by growing Khasari, Kalai and othe..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2